Who said anything about it being a legal defense. In discovery you’d have to 
give over your local copies anyway, so it’s very clearly not.



> On Jul 10, 2020, at 21:16, John Levine via mailop <mailop@mailop.org> wrote:
> 
> In article <48a3bfbe-5109-ebbb-3631-1bb604cd1...@bluematt.me> you write:
>>>    TL;DR: The customer is always right, and the customer sees DKIM being 
>>> used regularly to authenticate leaked
>> emails - if
>>>    old not-in-use keys are public, anyone can sign anything they want, and 
>>> suddenly you can't authenticate mail
>> with them,
>>>    at least after-delivery, that is.
> 
> I'm trying to think of a situation in which I would want someone as a
> customer who finds it a problem that people can tell what mail they
> sent, but whatever.
> 
> The highly technical answer to your question is that most mail is
> delivered in a day, so if they rotate keys daily and retract them a
> day after last using them, their sigatures will generally validate.
> RFC 8463 added ECC signatures to DKIM in 2018 but as far as I know,
> only the python DKIM library implements them so they're not yet ready
> for prime time. They can do the key burning hack if they want, but
> merely unpublishing them should be about as effective, since there
> aren't a lot of archives of former DNS records. I doubt anyone has
> copies of my key records from last year or even last month.
> 
> The more realistic answer is that burning the keys is not a get out of
> jail free card. Many, probably most, mail systems add an
> Authentication-Results header when a message is received, which says
> which DKIM signatures were valid. Imagine this ends up in court, and
> party A says "our system checked the signature when the mail arrived,
> and this shows that it was valid" and party B says "oh but you can't
> check it now because we publish our keys on this web site so any
> spammer can impersonate us", what is any sensible judge going to do?
> 
> R's,
> John

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