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Neat stuff and a good article.
The question is simply this: does the fact
that a source is XML raise the risk that decrypting or cracking
that source is cheaper or more probable?
If the answer is clearly and reliably, no, there is no liability.
If the answer is yes, then the characteristics that make it
yes, (eg, signposts) are useful to understand.
If the answer is, experts disagree, there is liability and a
real problem to be solved somewhere. That there are costs
is assumed. XML posits that we all drive the same car and
so will be equally liable.
From: Rich Salz [mailto:firstname.lastname@example.org]
The real goal is to make it cheaper for the bad guy to
steal someone else's car.