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Re: draft-ietf-ltans-dssc-00 comments
Susanne
that doesn't make sense from either EU Laws or those of the US as
well. Sorry if this is a like a bucket of very cold water in the face,
but its time to wake up and smell the coffee... Any long term document
storage and management protocol MUST take into account any and all
laws which would constrain the operations and formulation of the
proofing models it (said protocol) produces.
You are right.
And within that global requirement, all evidence-standards pretty much
require a 'full chain of custody' to be proven and without that, their
content will not be admissible in the US Courts and any Court's the US
has Joint Judicial MRA's with(Mutual Recognition Agreements). As such
the entire chain of custody and each signing and resigning needs to be
resolved and proven or there is an imperfect history for the LTANS
protected file.
While this may seem like its not something that is important the
'setting aside of this requirement' will in the US Make LTANS unusable
since the Court's wont accept it as a reliable method of storing
information. That means the ETSI TSA recommendation is PROBABLY also
in jeopardy since it clearly violates the intent and scope of those
same laws as well...
The requirement 'full chain of custody' does not contradict LTANS/our
draft. E. g. ERS does not prohibit to keep policies, protocols or
whatever needed for the complete evidence as required in the respective
country. Actually ERS allows the integration of such data. The same is
true for our draft: All policies additionally may kept by an archive
service and presented to court.
The funniest part is that this WG wants to take the word (and the
consensus) of technical people who have NO EXPERIENCE in pursuing
legal recourse for IP issues or the complexity and pain of that
process, which is typical for the IETF... "We know everything" & "Our
consensus is always right".
If you have some constructive improvement suggestions concerning our
draft, we will be grateful. Perhaps it makes sense, to put the general
discussion about LTANS in an own thread.
Susanne and Thomas