[cabfpub] Ballot 174 - Reform of Requirements Relating to Conflicts with Local Law
Moudrick M. Dadashov
md at ssc.lt
Mon Aug 29 05:45:12 UTC 2016
SSC votes: "Yes".
On 8/15/2016 12:03 PM, Gervase Markham wrote:
> *Ballot 174 - Reform of Requirements Relating to Conflicts with Local
> Law *
> The following motion has been proposed by Gervase Markham of Mozilla
> and endorsed by Kirk Hall of Entrust and Moudrick Dadashov of SSC:
> *Statement of Intent:* The purpose of this change is to reform section
> 9.16.3 of the BRs, titled "Severability", which deals with what a CA
> must do when it encounters a conflict between the requirements of a
> jurisdiction under which it operates and the requirements of the BRs.
> At the moment, this clause is triggered only by a court determination
> rather than by the CA encountering a conflict, which makes it unlikely
> to ever be triggered, and it requires notification to the CAB Forum
> but not documentation of the outcome. The current clause is:
> 9.16.3. Severability
> If a court or government body with jurisdiction over the activities
> covered by these Requirements determines that the performance of any
> mandatory requirement is illegal, then such requirement is considered
> reformed to the minimum extent necessary to make the requirement valid
> and legal. This applies only to operations or certificate issuances
> that are subject to the laws of that jurisdiction. The parties
> involved SHALL notify the CA / Browser Forum of the facts,
> circumstances, and law(s) involved, so that the CA/Browser Forum may
> revise these Requirements accordingly.
> *--Motion Begins--
> Delete section 9.16.3 from the Baseline Requirements in its entirety
> and replace it with the following:
> 9.16.3. Severability
> In the event of a conflict between these Requirements and a law,
> regulation or government order (hereinafter 'Law') of any jurisdiction
> in which a CA operates or issues certificates, a CA MAY modify any
> conflicting requirement to the minimum extent necessary to make the
> requirement valid and legal in the jurisdiction. This applies only to
> operations or certificate issuances that are subject to that Law. In
> such event, the CA SHALL immediately (and prior to issuing a
> certificate under the modified requirement) include in Section 9.16.3
> of the CA’s CPS a detailed reference to the Law requiring a
> modification of these Requirements under this section, and the
> specific modification to these Requirements implemented by the CA.
> The CA MUST also (prior to issuing a certificate under the modified
> requirements) notify the CA/Browser Forum of the relevant information
> newly added to its CPS by sending a message to questions at cabforum.org
> and receiving confirmation that it has been posted to the Public
> Mailing List and is indexed in the Public Mail Archives available at
> https://cabforum.org/pipermail/public/ (or such other email addresses
> and links as the Forum may designate), so that the CA/Browser Forum
> may consider possible revisions to these Requirements accordingly.
> Any modification to CA practice enabled under this section MUST be
> discontinued if and when the Law no longer applies, or these
> Requirements are modified to make it possible to comply with both them
> and the Law simultaneously. An appropriate change in practice,
> modification to the CA’s CPS and a notice to the CA/Browser Forum, as
> outlined above, MUST be made within 90 days.
> CAs are required to make this change to their processes by a date 90
> days from the date this ballot passes.
> *--Motion Ends--
> The review period for this ballot shall commence immediately and close
> at 2200 UTC on Monday 22nd August. Unless the motion is withdrawn
> during the review period, the voting period will start immediately
> thereafter and will close at 2200 UTC on Monday 29th August. 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:
> 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 ten (10) members – at least ten members must participate in
> the ballot, either by voting in favor, voting against, or abstaining.
> Public mailing list
> Public at cabforum.org
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