Shifting focus from technology to legal ramifications of identity
In the area of identity management there has been significant work related to the technical exchange of identity information and the actual authentication processes. There has not, however, been a focused look at the legal issues, particularly those that would hold parties responsible for not properly identifying and authenticating users or customers.
“You need rules and obligations placed on the various parties and they need to perform these obligations, and if they don’t then you need some enforcement mechanism,” says Tom Smedinghoff, a partner at Wildman Harrold and chairman of the American Bar Association’s Federated Identity Management Legal Task Force.
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