[cabfpub] Corrected dates - Ballot 141 – Elimination of EV Insurance Requirement; Financial Responsibility for Mis-Issued Certificates
haavardm at opera.com
Wed Jan 14 15:59:12 UTC 2015
Opera votes yes on 142 and no on 141
On 12. jan. 2015 17:55, kirk_hall at trendmicro.com wrote:
> As Dean has stated, I included the right dates but wrong days in the
> reposted ballot. The corrected dates/days are shown below.
> Voting on both ballots begins today (Monday) at 2:00 pm Pacific, 5:00
> pm Eastern time (2200 UTC), and ends at the same time next Monday,
> Jan. 19.
> */Kirk R. Hall/*
> Operations Director, Trust Services
> Trend Micro
> *Ballot 141 – Elimination of EV Insurance Requirement; Financial
> Responsibility for Mis-Issued Certificates*
> The following motion has been proposed by Kirk Hall of Trend Micro and
> endorsed by Robin Alden of Comodo and Dean Coclin of Symantec.
> The existing insurance requirements of EV Guidelines Section 8.4 were
> intended to help assure the public that CAs would be financially
> responsible, but the requirements for Commercial General Liability and
> Professional Liability / Errors & Omissions insurance are not well
> suited for this purpose and do not apply to DV and OV certificates.
> The current insurance requirements should be replaced by other, more
> effective financial responsibility requirements that are more directly
> focused on financial responsibility for potential harm to subscribers
> and relying parties from mis-issued certificates of all types. At
> present, CAs are permitted to limit their potential liability to
> subscribers and relying parties to $2,000 per EV certificate under EV
> Guidelines Section 18 and $0 per DV and OV certificate under Baseline
> Requirements Section 18.1.
> This ballot (1) deletes the current EV insurance requirements at EV
> Guidelines Section 8.4, and (2) amends the EV Guidelines and the
> Baseline Requirements so that CAs are permitted to limit their
> potential liability to subscribers and relying parties to $10,000 per
> EV certificate, $5,000 per OV certificate, and $2,000 per OV
> certificate. This ballot does not otherwise change whatever legal
> liability a CA would or would not have for its certificates under
> applicable law.
> -- MOTION BEGINS --
> 1. EV Guideline 8.4 is deleted.
> 2. EV Guideline Section 18 is amended to read as follows:
> *18. Liability and Indemnification*CAs MAY limit their liability as
> described in Section 18 of the Baseline Requirements except that a CA
> MAY NOT limit its liability to Subscribers or Relying Parties for
> legally recognized and provable claims to a monetary amount less
> thantwo_ten_thousand US dollars per Subscriber or Relying Party per EV
> A CA's indemnification obligations and a Root CA’s obligations with
> respect to subordinate CAs are set forth in the Baseline Requirements.
> 3. Baseline Requirements Section 18.1 is amended to read as follows:
> *18.1 Liability to Subscribers and Relying Parties*
> If the CA has issued and managed the Certificate in compliance with
> these Requirements and its Certificate Policy and/or Certification
> Practice Statement, the CA MAY disclaim liability to the Certificate
> Beneficiaries or any other third parties for any losses suffered as a
> result of use or reliance on such Certificate beyond those specified
> in the CA's Certificate Policy and/or Certification Practice
> Statement. If the CA has not issued or managed the Certificate in
> compliance with these Requirements and its Certificate Policy and/or
> Certification Practice Statement, the CA MAY seek to limit its
> liability to the Subscriber and to Relying Parties, regardless of the
> cause of action or legal theory involved, for any and all claims,
> losses or damages suffered as a result of the use or reliance on such
> Certificate by any appropriate means that the CA desires. If the CA
> chooses to limit its liability for Certificates that are not issued or
> managed in compliance with these Requirements or its Certificate
> Policy and/or Certification Practice Statement, then the CA SHALL
> include the limitations on liability in the CA’s Certificate Policy
> and/or Certification Practice Statement._Notwithstanding the
> foregoing, a CA MAY NOT limit its liability to Subscribers or Relying
> Parties for legally recognized and provable claims to a monetary
> amount less than two thousand US dollars per Subscriber or Relying
> Party per DV Certificate or less than five thousand US dollars per
> Subscriber or Relying Party per OV Certificate._
> -- MOTION ENDS --
> The review period for this ballot shall commence at 2200 UTC on
> Monday, 5 January 2015, and will close at 2200 UTC on Monday, 12
> January 2015. Unless the motion is withdrawn during the review period,
> the voting period will start immediately thereafter and will close at
> 2200 UTC on Monday, 19 January 2015. 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
> In order for the motion to be adopted, two thirds or more of the votes
> cast by members in the CA category and greater than 50% of the votes
> cast by members in the browser category must be in favor. Quorum is
> currently nine (9) members– at least nine members must participate in
> the ballot, either by voting in favor, voting against, or abstaining.
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