[cabfpub] Ballot 126 - Operational Existence

[Robin Alden]

Comodo votes 'yes'.

 

Regards
Robin

 

 

From: public-bounces at cabforum.org [mailto:public-bounces at cabforum.org]
On Behalf Of Ben Wilson
Sent: 11 July 2014 04:45
To: public at cabforum.org
Subject: [cabfpub] Ballot 126 - Operational Existence

 

Jeremy Rowley of Digicert made the following motion and Cecilia Kam of
Symantec and Doug Beattie of GlobalSign have endorsed it: 

Reason(s) for Ballot 126: Problem(s) with Current Wording

A - Section 11.5 is unclear, as evidenced by the need to restate that
requirement with an additional sentence

B - Section 11.5 begins with the word "If" - making it appear
conditional rather than mandatory 

C - Section 11.5 does not follow the framework used elsewhere in Section
11 of the EV Guidelines.   The framework is: (1) state the requirement
and (2) state the acceptable methods of meeting that requirement. 

D - Section 11.5 could be edited to help clarify the relationship
between "ability to engage in business" and "operational existence" for
purposes of the EV Guidelines

 

Approach Used in Ballot 126 to Address the Problem

 

Language is removed from the requirements section (section 11.5.1) and
placed in the acceptable methods section (section 11.5.2) so that
section 11.5.1 simply says, "The CA MUST verify that the Applicant has
the ability to engage in business by verifying the Applicant's, or
Affiliate/Parent/Subsidiary Company's, operational existence."  

 

Section 11.5.2 would begin, "To verify the Applicant's ability to engage
in business, the CA MUST verify the operational existence of the
Applicant, or its Affiliate/Parent/Subsidiary Company, by: .."  The
current introduction to section 11.5.2 only refers to "operational
existence" and not "an ability to engage in business".  An "ability to
engage in business" is added to section 11.5.2 to keep it congruent with
section 11.5.1.

 

Section 11.5.2:

 

(1) Three-year existence in subsection 11.5.2(1) comes from moving it
down from section 11.5.1.

 

(2) QIIS/QTIS listing in subsection 11.5.2(2) also comes down from
section 11.5.1.   

 

Subsection (3) consists of wording changes to maintain parallelism
throughout sections 11.5.1 and 11.5.2.

 

The word "or" between subsections (3) and (4) does not make section
11.5.2 any different substantively from how sections 11.5.1 and 11.5.2
currently exist.

 

Subsection (4) is essentially the same.

 

Additional Support for Approach Taken / Words Used in Ballot 126

 

Section 11.5 is meant to address operational existence.  In drafting the
original language, members of the Forum knew that it would be too hard
to presumptively establish that an organization was "actually doing
business," but there was a desire to retain a requirement and method  to
establish that an organization had more than just a legal existence and
physical address, and they settled on the concept of "an ability to do
business".  

 

----Motion Begins ----

 

1.   DELETE Section 11.5.1 (Verification Requirements) of the EV
Guidelines and INSERT the following:

 

11.5.1. Verification Requirements

The CA MUST verify that the Applicant has the ability to engage in
business by verifying the Applicant's, or Affiliate/Parent/Subsidiary
Company's, operational existence.

 

2.  DELETE Section 11.5.2 (Verification Requirements) of the EV
Guidelines and INSERT the following:

 

11.5.2. Acceptable Methods of Verification

To verify the Applicant's ability to engage in business, the CA MUST
verify the operational existence of the Applicant, or its
Affiliate/Parent/Subsidiary Company, by:

(1) Verifying that the Applicant, Affiliate, Parent Company, or
Subsidiary Company has been in existence for at least three years, as
indicated by the records of an Incorporating Agency or Registration
Agency;

(2) Verifying that the Applicant, Affiliate, Parent Company, or
Subsidiary Company is listed in either a current QIIS or QTIS;

(3) Verifying that the Applicant, Affiliate, Parent Company, or
Subsidiary Company has an active current Demand Deposit Account with a
Regulated Financial Institution by receiving authenticated documentation
of the Applicant's, Affiliate's, Parent Company's, or Subsidiary
Company's Demand Deposit Account directly from a Regulated Financial
Institution; or

(4) Relying on a Verified Legal Opinion or a Verified Accountant Letter
to the effect that the Applicant has an active current Demand Deposit
Account with a Regulated Financial Institution.

 

----Motion Ends ----

 

The review period for this ballot shall commence at 2200 UTC on
Thursday, July 10, 2014, and will close at 2200 UTC on Thursday, July
17, 2014. 

Unless the motion is withdrawn during the review period, the voting
period will start immediately thereafter and will close at 2200 UTC on
Thursday, July 24, 2014. Votes must be cast by posting an on-list reply
to this thread. 

A vote in favor of the motion must indicate a clear 'yes' in the
response. 

A vote against must indicate a clear 'no' in the response. 

A vote to abstain must indicate a clear 'abstain' in the response.
Unclear responses will not be counted. 

The latest vote received from any representative of a voting member
before the close of the voting period will be counted. 

Voting members are listed here:  <https://cabforum.org/members/>
https://cabforum.org/members/ 

In order for the motion to be adopted, two thirds or more of the votes
cast by members in the CA category and more than one half of the votes
cast by members in the browser category must be in favor. Quorum is
currently seven (7) members- at least seven members must participate in
the ballot, either by voting in favor, voting against, or by abstaining
for the vote to be valid.

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