[cabfpub] Ballot 147
Eddy Nigg
eddy_nigg at startcom.org
Sun Jun 21 07:18:21 UTC 2015
StartCom votes YES.
On 06/10/2015 09:42 PM, Jeremy Rowley wrote:
>
> *Ballot 147 - Attorney-Accountant Letter Changes*
>
> ------------------------------------------------------------------------
>
> This is a validation working group final product that will amend the
> EV Guidelines to permit verification of legal existence through an
> attorney/accountant opinion letter. This change is based on the
> rationale that attorneys are the most skilled at verifying legal
> existence, yet are currently not permitted to do so. To ensure that a
> single legal letter is not the sole source of validation, language was
> included to require corroboration with a QIIS.
>
> Kirk Hall ofTrendMicromade the following motion, Cecilia Kam from
> Symantec and Jeremy Rowley from DigiCerthave endorsed it.
>
> ------------------------------------------------------------------------
>
> Motion Begins
>
> ------------------------------------------------------------------------
>
> 1. Add the following definition:
>
> Verified Professional Letter: A Verified Accountant Letter or Verified
> Legal Opinion.
>
> 2. Amend the guidelines as follows:
>
> 11.2. Verification of Applicant's Legal Existence and Identity
>
> 11.2.2. Acceptable Method of Verification
>
> To verify the Applicant's legal existence and identity, the CA MUST do
> the following.
>
> (1) Private Organization Subjects:_Unless verified under subsection
> (6),_all items listed in Section 11.2.1(1) MUST be verified directly
> with, or obtained directly from, the Incorporating or Registration
> Agency in the Applicant's Jurisdiction of Incorporation or
> Registration. Such verification MAY be through use of a Qualified
> Government Information Source operated by, or on behalf of, the
> Incorporating or Registration Agency, or by direct contact with the
> Incorporating or Registration Agency in person or via mail, e-mail,
> Web address, or telephone, using an address or phone number obtained
> directly from the Qualified Government Information Source,
> Incorporating or Registration Agency, or from a Qualified Independent
> Information Source.
>
> (2) Government Entity Subjects:_Unless verified under subsection
> (6),_all items listed in Section 11.2.1(2) MUST either be verified
> directly with, or obtained directly from, one of the following: (i) a
> Qualified Government Information Source in the political subdivision
> in which such Government Entity operates; (ii) a superior governing
> Government Entity in the same political subdivision as the Applicant
> (e.g. a Secretary of State may verify the legal existence of a
> specific State Department), or (iii) from a judge that is an active
> member of the federal, state or local judiciary within that political
> subdivision, or (iv) an attorney representing the Government Entity.
>
> Any communication from a judge SHALL be verified in the same manner as
> is used for verifying factual assertions that are asserted by an
> Attorney as set forth in Section 11.11.1.
>
> Such verification MAY be by direct contact with the appropriate
> Government Entity in person or via mail, e-mail, Web address, or
> telephone, using an address or phone number obtained from a Qualified
> Independent Information Source.
>
> (3) Business Entity Subjects:_Unless verified under subsection
> (6),_items listed in Section 11.2.1(3) (A) through (C) above, MUST be
> verified directly with, or obtained directly from, the Registration
> Agency in the Applicant's Jurisdiction of Registration. Such
> verification MAY be performed by means of a Qualified Government
> Information Source, a Qualified Governmental Tax Information Source,
> or by direct contact with the Registration Agency in person or via
> mail, email, Web address, or telephone, using an address or phone
> number obtained directly from the Qualified Government Information
> Source, Qualified Governmental Tax Information Source or Registration
> Agency, or from a Qualified Independent Information Source. In
> addition, the CA MUST validate a Principal Individual associated with
> the Business Entity pursuant to the requirements in subsection (4), below.
>
> ***
>
> (5) Non-Commercial Entity Subjects (International
> Organization):_Unless verified under subsection (6),_all items listed
> in Section 11.2.1(4) MUST be verified either:
>
> (A) With reference to the constituent document under which the
> International Organization was formed; or
>
> (B) Directly with a signatory country's government in which the CA is
> permitted to do business. Such verification may be obtained from an
> appropriate government agency or from the laws of that country, or by
> verifying that the country's government has a mission to represent it
> at the International Organization; or
>
> (C) Directly against any current list of qualified entities that the
> CA/Browser Forum may maintain at www.cabforum.org.
>
> (D) In cases where the International Organization applying for the EV
> Certificate is an organ or agency - including a non-governmental
> organization of a verified International Organization, then the CA may
> verify the International Organization Applicant directly with the
> verified umbrella International Organization of which the Applicant is
> an organ or agency.
>
> _(6) The CA may rely on a Verified Professional Letter to establish
> the Applicant's information listed in (1)-(5) above if (i) the
> Verified Professional Letter includes a copy of supporting
> documentation used to establish the Applicant's legal existence, such
> as a certificate of registration, articles of incorporation, operating
> agreement, statute, or regulatory act, and (ii) the CA confirms the
> Applicant's organization name specified in the Verified Professional
> Letter with a QIIS or QGIS._
>
> ***
>
> 11.3. Verification of Applicant's Legal Existence and Identity --
> Assumed Name
>
> 11.3.2. Acceptable Method of VerificationTo verify any assumed name
> under which the Applicant conducts business:
>
> (1) The CA MAY verify the assumed name through use of a Qualified
> Government Information Source operated by, or on behalf of, an
> appropriate government agency in the jurisdiction of the Applicant's
> Place of Business, or by direct contact with such government agency in
> person or via mail, e-mail, Web address, or telephone; or
>
> (2) The CA MAY verify the assumed name through use of a Qualified
> Independent Information Source provided that the QIIS has verified the
> assumed name with the appropriate government agency.
>
> (3) The CA MAY rely on a_Verified Professional Letter_Verified Legal
> Opinion, or a Verified Accountant Letterthat indicates the assumed
> name under which the Applicant conducts business, the government
> agency with which the assumed name is registered, and that such filing
> continues to be valid.
>
> 11.4. Verification of Applicant's Physical Existence
>
> 11.4.1. Address of Applicant's Place of Business
>
> ***
>
> (2) Acceptable Methods of Verification
>
> (A) Place of Business in the Country of Incorporation or Registration
>
> ***
>
> (2) For all Applicants, the CA MAY alternatively rely on a Verified
> Professional Letter Verified Legal Opinion or a Verified Accountant
> Letter that indicates the address of the Applicant's or a
> Parent/Subsidiary Company's Place of Business and that business
> operations are conducted there.
>
> ***
>
> (B) Place of Business not in the Country of Incorporation or
> Registration: The CA MUST rely on a_Verified Professional
> Letter_Verified Legal Opinion or Verified Accountant's Letterthat
> indicates the address of the Applicant's Place of Business and that
> business operations are conducted there.
>
> 11.4.2. Telephone Number for Applicant's Place of Business
>
> (2) Acceptable Methods of Verification: To verify the Applicant's
> telephone number, the CA MUST perform items A and either B or C as
> listed below:
>
> ***
>
> (C) Rely on a_Verified Professional Letter_Verified Legal Opinion or a
> Verified Accountant Letterto the effect that the Applicant's telephone
> number, as provided, is a main phone number for the Applicant's Place
> of Business.
>
> 11.5. Verification of Applicant's Operational Existence
>
> 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:
>
> (4) Relying on a_Verified Professional Letter_Verified Legal Opinion
> or a Verified Accountant Letterto the effect that the Applicant has an
> active current Demand Deposit Account with a Regulated Financial
> Institution.
>
> 11.7. Verification of Name, Title, and Authority of Contract Signer
> and Certificate Approver
>
> 11.7.2. Acceptable Methods of Verification -- Name, Title and Agency
>
> Acceptable methods of verification of the name, title, and agency
> status of the Contract Signer and the Certificate Approver include the
> following.
>
> (1) Name and Title: The CA MAY verify the name and title of the
> Contract Signer and the Certificate Approver by anyappropriate method
> designed to provide reasonable assurance that a person claiming to act
> in such a role is in fact the named person designated to act in such role.
>
> (2) Agency: The CA MAY verify the agency of the Contract Signer and
> the Certificate Approver by:
>
> (A) Contacting the Applicant by phone or mail, at the phone number or
> address for the Applicant, obtained and verified in accordance with
> Section 11.4.1 or 11.4.2, and obtaining confirmation that the Contract
> Signer and/or the Certificate Approver, as applicable, is an employee; or
>
> (B) Obtaining an Independent Confirmation From the Applicant (as
> described in Section 11.10.4), or a_Verified Professional
> Letter_Verified Legal Opinion (as described in Section 11.10.1), or a
> Verified Accountant Letter (as described in Section 11.10.2)verifying
> that the Contract Signer and/or the Certificate Approver, as
> applicable, is either an employee or has otherwise been appointed as
> an agent of the Applicant.
>
> 11.7.3. Acceptable Methods of Verification -- Authority
>
> Acceptable methods of verification of the Signing Authority of the
> Contract Signer, and the EV Authority of the Certificate Approver, as
> applicable, include:
>
> (1)_Verified Professional Letter_Legal Opinion: The Signing Authority
> of the Contract Signer, and/or the EV Authority of the Certificate
> Approver, MAY be verified by reliance on a_Verified Professional
> Letter_--Verified Legal Opinion (as described in Section 11.10.1)--;
>
> ***
>
> (2) Accountant Letter: The Signing Authority of the Contract Signer,
> and/or the EV Authority of the Certificate Approver, MAY be verified
> by reliance on a Verified Accountant Letter (as described in Section
> 11.10.2);
>
> 11.11. Other Verification Requirements
>
> 11.11.3. Parent/Subsidiary/Affiliate Relationship
>
> A CA verifying an Applicant using information of the Applicant's
> Parent, Subsidiary, or Affiliate, when allowed under section 11.4.1,
> 11.4.2, 11.5.1, or 11.6.1, MUST verify the Applicant's relationship to
> the Parent, Subsidiary, or Affiliate. Acceptable methods of verifying
> the Applicant's relationship to the Parent, Subsidiary, or Affiliate
> include the following:
>
> ***
>
> (4)_Verified Professional Letter_Legal Opinion: A CA MAY verify the
> relationship between an Applicant and a Parent, Subsidiary, or
> Affiliate by relying on a_Verified Professional Letter_Verified Legal
> Opinion (as described in Section 11.10.1);
>
> (5) Accountant Letter: A CA MAY verify the relationship between an
> Applicant and a Parent, Subsidiary, or Affiliate by relying on a
> Verified Accountant Letter (as described in Section 11.10.2);
>
> ------------------------------------------------------------------------
>
> Motion Ends
>
> ------------------------------------------------------------------------
>
> The review period for this ballot shall commence at 2200 UTC on
> Thursday, 11 June 2015, and will close at 2200 UTC on Thursday, 18
> June 2015. Unless the motion is withdrawn during the review period,
> the voting period will start immediately thereafter and will close at
> 2200 UTC on Thursday, 25 June 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
> here: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 greater than 50% of the votes
> cast by members in the browser category must be in favor. Also, at
> least seven members must participate in the ballot, either by voting
> in favor, voting against, or abstaining.
>
>
>
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--
Regards
Signer: Eddy Nigg, COO/CTO
StartCom Ltd. <http://www.startcom.org>
XMPP: startcom at startcom.org <xmpp:startcom at startcom.org>
Blog: Join the Revolution! <http://blog.startcom.org>
Twitter: Follow Me <http://twitter.com/eddy_nigg>
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