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Absolutely. I didn't mean to seem uncharitable to the average sysop. We've all been there. In fact this state of affairs means that clear legal frameworks, simple messaging that everyone understands, could be powerful. Bad actors mainly exist at a higher level. Over-stretched people in moral grey areas benefit from clear reasons to act decisively, which is why we make sure soldiers get unambiguous orders.
If all sysadmins and developers knew they could go to jail for reading or enabling another to read private communications sent with a reasonable expectation of confidentiality, we'd be in a very different place.
Unfortunately we've let this slip, and entered a cultural interregnum in which we kinda expect emails to be read by others, and even assume they will be. That's not okay. Because even if we fix-up the protocol level there's a residual expectation that it's alright to work around it "because we need to read peoples' emails", right?
> I think encrypted L7 overlay networks are a good solution to step > aside these problems at the cost of a bit of overhead (wrapping > packets, etc)
Yes, I absolutely agree with you. If email can be fixed it has to happen at a whole new "Tor for email" level. Hell, maybe we could all start running our servers as open relays again, given that we'll not know exactly what we are routing.
But I think the law has a part to play. If only to kick-start the initiative to secure email, because right now the surveillance capitalists and spooks are entrenched in a criminal mind-set. Caveat Dolev-Yeo notwithstanding, one can't build trustworthy systems on that culture however good the tech.