A number of other points are raised by the DTI document:
If a separate rebuttable presumption were brought in, perhaps along the lines of the proposed German digital signature law, then legislators should avoid the mistakes in the German draft (it does not allow for role as opposed to identity certificates, it insists that certification chains have a length of precisely one, it renders invalid all signatures whose public keys are not certified by a licensed TTP, and would appear to render invalid all signatures made in accordance with current UK government proposals). Many of these mistakes stem from an attempt to tie up the digital signature issue with the crypto control issue. This is a bad idea, especially when the advisers to the drafters of legislation are not particularly au fait with the technical issues involved in non-military cryptography.
This is yet another reason why the centralisation of trust into organisations such as banks is unacceptable. Simply creating a new criminal offence of releasing key material without a warrant would not suffice; the police are notoriously unwilling to prosecute large organisations such as banks and failed to do so on more than one occasion during the ATM litigation despite compelling evidence of conspiracy to defraud (which, as remarked above, included a televised confession of the conspiracy).
By contrast, if the current more distributed trust structures are allowed to be incorporated into the electronic world in the normal course of events, then for many purposes it will be possible for users to use trust services provided whether implicitly or explicitly by people against whom they have some effective redress, such as a GP (who can be reported to the GMC for misconduct) or a local businessman (with a reputation in the community that could be lost).
A long term solution to these problems would involve changing British procedural law to make it more closely resemble American law. While I believe that to be desirable, it is not imminent and legislative provision in other areas must reflect reality.