If private corporations are to issue identity credentials there will need to be some type of legislation passed spelling out the liability issues, says Tom Smedinghoff, a partner at the law firm of Wildman Harrold and chairman of the American Bar Association Task Force exploring the legal issues around identification.
Further, says Smedinghoff according to SecureIDNews:
No matter the legal theory or the jurisdiction, clarification will be necessary before organizations decide to jump into the credentialing business. “Businesses need some certainly on the legal risk,” Smedingnhoff says, “and that’s where legislation could help.”
Also, according to the article:
Creating an identity ecosystem is the plan for the National Strategy for Trusted Identities in Cyberspace. This ecosystem would give individuals privacy while also enhancing security.
This would involve some type of credential, be it a software or hardware solution, but how do we make sure that credential is issued to the correct person?
This issue is alluded to in the strategy but not fully explored. There are thousands of different types of birth certificates in circulation and states having different standards for driver license issuance. This makes it essential that a standard for ID proofing and vetting be developed, officials say.
The entire article entitled Liability, Legislation Around Online ID can be read at http://www.secureidnews.com/2010/10/26/liability-legislation-around-online-id .
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