[cabfpub] [EXTERNAL]Re: Ballot 190: Domain Validation

[Ryan Sleevi]

On Thu, Apr 13, 2017 at 4:45 PM, Kirk Hall <Kirk.Hall at entrustdatacard.com>
wrote:

> Your analysis below is not correct.   The “law” in the CA/Browser Forum is
> what is approved by the members in a Ballot (all of it – in Ballot 190,
> that includes both Section 1 and Section 2 – both sections have equal
> validity and applicability because both were adopted by the members at the
> same time.)
>

I'm sorry Kirk, but your analysis is not correct.

What suggestion of the documents are you suggesting Section 2 modifies? How
are you suggesting members audit it, if not part of the document? How are
you suggesting future Ballots reform it?



> In contrast, the BRs are just a compilation of those portions of prior
> adopted Ballots that have long-term applicability to members.  It’s a
> mistake to junk up the BRs with lots of effective dates and transition rule
> that will expire, and it’s unnecessary.  Again, the adopted ballots of the
> Forum are the “law” – all sections of the ballots equally – and not the BR
> compilations themselves.  I think Google’s Legal Department will agree.
>

Kirk, I will again emphasize to you the Baseline Requirements are not a
legal document. Your legal analysis is appreciated, but not relevant. These
are technical standards. They belong in the standards.


> We could put ballot transition rules in BRs themselves (for Ballot 190,
> move from Section 2 to Section 1 and make part of BR 3.2.2.4), but I would
> rather not – then the transition rules are no longer relevant (because they
> are time-based and will expire), they have to be pulled out again by a
> later ballot – not useful.  The transition rules will exist in Section 2 of
> the adopted Ballot 190 itself, and that is sufficient.
>

I strongly disagree here.


> Another option is to add transition rules like Ballot 190, Section 2 to
> the BRs as “Notes” to BR 3.2.2.4 that are not part of BR 3.2.2.4, and that
> can later be removed by the BRs compiler without a further ballot once the
> transition rules are no longer relevant (because all validation data from
> before the effective date of Ballot 190 will have expired).  That’s what
> some legislatures do, and I wouldn’t object to that.
>

They are either normative parts of the technical standards or they are not.
If they want to have force, they are normative.
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