Hate to tell you this, but my outlook reports your certificate invalid!  So
much for theory.  In practice, certificates have a significant number of
management and administration problems.  They expire and can make archived
email inaccessible.  They require significantly more help desk and seat
management time.  Additionally, if you have a certificate, you are
vulnerable to its use by email based virus that send from your email client
once infected.  At least web-based / internet browser viewed secure email is
secure and reliable based upon the server SSL certificate (different than
the distributed certificate that accompanies regular email).  Though again
the problem with both is lack of Trust.  The network is as much the problem
as anything.  There are "sniffers" that can capture email passing through
most ISPs, and MIME can be broken.  New "harvester" worms infect your email
client and copy/resend emails based upon special criteria.  In my opinion,
only if there is a true trusted network, can you reasonably assure
compliance.  Outlook is a great product, but at this time, I personally do
not see it as HIPAA compliant for either the Exchange or Internet Email
clients, where the email travels over the web.  Products like Lok, and any
others like it offer a fully secure and trusted solution.

-----Original Message-----
From: William J. Kammerer [mailto:[EMAIL PROTECTED]]
Sent: Monday, April 29, 2002 7:06 PM
To: [EMAIL PROTECTED]
Subject: Re: Transmitting Patient Information via Internet (Email)


I religiously sign using X.509 certificates (digital IDs), and have had
very few problems corresponding with either folks who have given me
their certificates (in which case e-mails can be encrypted), or those
who have no certificates (in which case, I merely sign). The latter
"un-certificated" folks will most likely receive my e-mail showing a red
ribbon indicating the message has been signed and giving them an
automatic means of importing my certificate (public key) - assuming they
are using an S/MIME compatible e-mail client.  Others (using AOL - which
doesn't support any standard e-mail protocols, let alone S/MIME - or
free web browser e-mail) will merely see a pkcs7-signature attachment,
which they can safely ignore.

My correspondents have used any number of e-mail clients:  Outlook,
Outlook Express or Netscape Communicator (on Windows or the Mac) and all
have worked flawlessly as far as signing and encryption are concerned.
Any number of encryption methods have been used among us, e.g., 40-bit
RC2, DES and Triple-DES, with nary a concern.

Sometimes, though, we have to futz a little to get a digital ID properly
associated with an address book entry.  But once that's done, secure
e-mail Digital IDs or certificates from any number of CAs - usually
Thawte or Verisign - have never caused a problem with interoperability
using these e-mail clients. I've even had correspondents (who don't
trust CAs for some reason) give me self-signed certificates, which I've
gotten to work easily.

The only serious problem I have run into is one zealous network
administrator at a correspondent's company who thinks pkcs7-signature
attachments are viruses, and has tuned the virus scanner to throw away
my signed missives:  I always have to remember to reset the "Sign"
button when sending to that company.  Other network administrators, I'm
sure, are annoyed my correspondents use encryption, as it gets in their
way of reading all incoming and outgoing e-mail in their copious free
time.

In short, any e-mail client which advertises itself as supporting S/MIME
has always seemed to work for me and my correspondents.  The few
technical gotchas are insignificant compared to the problem of getting
folks to try it out.  All the software they need for secure e-mail is
probably already sitting on their desktop:  it's just a social
engineering problem to deal with the resistance.

William J. Kammerer
Novannet, LLC.
+1 (614) 487-0320

----- Original Message -----
From: "Jan Root" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Cc: <[EMAIL PROTECTED]>; "David Frenkel" <[EMAIL PROTECTED]>
Sent: Monday, 29 April, 2002 05:32 PM
Subject: Re: Transmitting Patient Information via Internet (Email)


One more point to add (sorry to keep raining on a good idea):
Interoperability has always been a major challenge to doing secure
email.  If I buy secure email system X and you buy secure email system
Y, can we exchange secure email?  Probably not.

The Massachusetts component of HealthKey (the Mass. Health Data
Consortia) did an interoperability project for secure email.  I think
they started with 6 (5?) secure email vendors, all of which claimed to
have implemented the X.509 (v3?) standard.  However, when tested, none
of these systems could read each other's email.  This was a couple of
years ago so perhaps this problem has been solved, but interoperability
is something to consider if you are looking at secure email systems.

And then there is the problem of trying to send secure email to someone
who doesn't have secure email facilities.  Vendors have come up with
clever ways to deal with this, but it is far from being automatic or
transparent.  Secure email still seems to be much more difficult than it
appears on first blush.

Jan Root


----- Original Message -----
From: <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>; "David Frenkel" <[EMAIL PROTECTED]>
Sent: Monday, 29 April, 2002 03:17 PM
Subject: RE: Transmitting Patient Information via Internet (Email)


Traditional email systems, are very difficult to make secure. They are
subject to numerous potential hazards that affect security and privacy,
and thus make them non-compliant. You will notice changing language in
the terms and conditions of some "free" web-based email systems
already - declaring their non-HIPAA compliance upfront.

The problem with traditional email, is several fold I believe. First,
there is the simple matter of transmission reliability. Emails are
passed through a network of systems, some or all could retain copies of
the email - can you get Trusted Party Agreements with each? No way - you
NEVER know what systems touch your emails. Emails are also not always
received. Other than requesting a "Read Receipt", there is no way to
know with a traditional email what ultimately happens to it - take a
look at the transmission header info of a few of your own emails and you
will begin to see the problem. Security is a big problem in traditional
emails. You can use "Certificates" or even PGP encrypt them, this may
secure the contents, but you still have the network Trust problems.

There is however, a solution for this. There is one company who has
developed a new product/service/technology for a full "trusted" email
network, with a secure reliable client and server. It appears fully
ready to go and solid. The company is LOK technology (www.loktech.com).
Their system inherently appears compliant (good enough for the CIA &
NSA, former directors of both agencies are on their boards). In
addition, they have a secure file transmission service called LOKvault
that would replace the traditional FTP approach so many use. While, my
company does not yet use it for our clients, I have evaluated it and I
am strongly pushing its adoption as the standard for all our compliance
implementations. One less issue to worry about. I would strongly
encourage all to look at their website for more info.

Regards,

Dr. Tim McGuinness, Ph.D.
Sr. Compliance Specialist & Solutions Architect
Certified HIPAA Chief Privacy Officer
DynTek Inc.
www.dyntek.com



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