Re: The internet & security, a social & political perspective

From: Adam W. Montville (adam_montville@attbi.com)
Date: 11/18/02


From: "Adam W. Montville" <adam_montville@attbi.com>
Date: Mon, 18 Nov 2002 22:28:40 GMT

Mark H. Wood wrote:
[snipped]
> It's called the law of contracts, or something like that. Ask the
> recipient to agree not to divulge the content you want to send him.
> Get his promise in writing, with specific penalties for noncompliance.
> If he breaks his promise, sue. If he won't promise, don't send.
>
> I don't understand why so many people forget this simple tool.

It is not that I've forgotten (can't speak for others). But, I see two
problems with the contract law, one in general, and the second in terms
of digital propagation of information.

First, assuming that a contract has been executed between two parties,
without the proper audit mechanisms in place, there is no way to
determine if the other party is living up to the terms of the contract.

Second, as it pertains to digital information, the proper execution of
contracts must be a priori, otherwise they are too slow.

Digital Rights Management is seeking to address contract law in digital
form. If it pulls it off, then it will be the contract and the
enforcement agent of the it's terms.



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