From: Jonathan Zamick <JonathanZ@consensus.com>
Date: Sat, 2 Dec 1995 05:18:14 +0800
To: Brian Davis <bdavis@thepoint.net>
Subject: Re: Netscape gives in to key escrow
Message-ID: <v02120d00ace510ca1c12@[157.22.240.13]>
MIME-Version: 1.0
Content-Type: text/plain


>I they tell you about it and you buy it anyway -- tough luck.
>
>
>Same with the cars.  Would *you* buy Pinto with explosives in it????
>(leaving aside the "inherently dangerous" argument for the moment on the
>products liability claim).
>
>EBD

Hmm. The key point is that almost no general users will have a clue what
actual security is, and what GAK is. They _might_ understand the risks of
having an explosive in their vehicle (but can just as easily argue it wasn't
properly designed if it went off improperly.) Regardless of what they'd know
about their vehicle, they can easily claim to had the risks associated with
GAK improperly represented, Netscape misleading them with deceptive claims
of security given this potential hole etc.

I'm not saying whether or not this is the case, but we are very much in a
legal period where individuals are in fact expected not to need common sense,
and corporations are responsible for cleaning up after consumer stupidity.

It is certainly true that given the general state of education regarding
crypto, the average consumer can easily say that regardless of warnings about
GAK, that they weren't properly informed of the risk. With all the hype
around security, Netscape and encryption people will be under the
impression regardless
of one little disclaimer tag, that their information is safe. Neither
government nor corporations will disabuse them of this belief. The case
would be strong against them as a consumer.

Jonathan

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