<div dir="ltr"><br><div class="gmail_extra"><br><div class="gmail_quote">On Tue, Sep 26, 2017 at 5:39 AM, Kirk Hall via Public <span dir="ltr"><<a href="mailto:public@cabforum.org" target="_blank">public@cabforum.org</a>></span> wrote:<br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">
<div lang="EN-US" link="blue" vlink="purple">
<div class="m_-630625941191810996WordSection1">
<p class="MsoNormal"><span style="color:rgb(31,73,125)"> </span><span style="color:rgb(31,73,125)">So Ballot 214 would be in effect for about 12 days (Oct. 27 – Nov. 9). It’s possible a new ballot could say “It is not a violation of the BRs if CAs did not comply with Ballot 214 after its effective date but
before the effective date of this ballot.” We would know that provision had passed on about Oct. 10, but wouldn’t be effective until about Nov. 9 – but if worded correctly it would be retroactive to the effective date of Ballot 214. I think auditors would
take the position that CAs who ignored Ballot 214 for the 12 day period had not violated the BRs – we can check.</span></p></div></div></blockquote><div><br></div><div>As noted many, many times before, the suggestion of retroactive immunity is a decision for root stores - not the CA/Browser Forum. Compliance is binary, measured over time. You are either compliant or non-compliant. Our voting process establishes what compliance is - and redefining it changes it at a future point.</div><div><br></div><div>Your suggestion of "not violating the BRs" is also not consistent. It would be a violation of the BRs - but the suggestion is that it can be informed through the CA/Browser Forum's consensus process whether that violation is material to the stated principles and criteria. That is very different than what you suggest, but a subtle and important distinction worth reiterating :)</div></div><br></div></div>