Legal Environments for Digital Trust: Trustmarks, Trusted Computing and the Issue of Legal Liability

• Author: Yianna Danidou - Burkhard Schafer
• Position: American College, Computer Science Department - University of Edinburgh
• Pages: 212-222

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212

Legal Environments for Digital Trust:

Trustmarks, Trusted Computing and the Issue of Legal Liability

Yianna Danidou

American College, Computer Science Department,

2&3 Omirou Avenue, P.O. Box 22425, 1521 Nicosia, Cyprus

yianna.danidou@ac.ac.cy

Burkhard Schafer

University of Edinburgh,

SCRIPT, School of Law,

Old College Edinburgh, EH8 9YL, UK,

B.Schafer@ed.ac.uk

Abstract. Trusted Computing and Trustmarks are two approaches developed to enhance

internet security and trust and we claim that they are structurally similar and an exercise in

mutual learning would be of great benefit for both. We argue that TC philosophy could possibly

supplement TMOs so that TMs become to TMOs more than just a mere link while we address

critical question s regarding reliance liability. With our present study we propo se that the model

for adequate TMO liability could possibly be an example of how to deal with the issue of TC’s

reliance liability.

© 2012 Yianna Danidou & Burkhard Schafer .Published by JI CLT. All Rights Reserved

.

1. Introduction

This pa per argues that Trusted Computing (TC) and Trustmarks (TM) share more than a highly polysemantic

word in their names, a nd that while the respective communities interested in the development and legal

regulation of these two approaches to internet security, have in the past seldom attempted to systematically

exchange concepts and ideas. Such an exercise in mutual learning is of great potential benefit. In particular, we

argue that the more mature de bate on the legal implications of TMs is of high releva nce for the development and

regulation of trusted computing, while conversely t he technologically more ambitious TC approach can provide

important insights into the user requirements for the next generation of T Ms.

As more and more of our activitie s are carried out online, it ha s become increasingly clear over the past

decades that the Internet, which was never in tended for this type and scale of co mmercial activity, is vulnerable

to attacks and criminal activities. Given the widespre ad acceptance of t he commercialization of the Internet, e-

commerce has experienced astonishing growth since its development in the 1990’s. Security and privacy –

amongst other issues

1

– seem t o be at the top of consumer’s concerns while conducting on li1ne transactions. As

recent statistics show, e-consumers do not feel secure at all in the o nline environment and this has an impact on

their willingness to provide personal or payment details over the Interne t

2

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HENG

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