[cabfpub] Ballot 183 – Amending the Bylaws to Clarify the Ballot Approval Process
jimmy at it.auth.gr
Fri Jan 27 07:49:15 UTC 2017
HARICA votes "yes" to ballot 183.
On 17/1/2017 11:59 μμ, Kirk Hall via Public wrote:
> *Ballot 183 – Amending the Bylaws to Clarify the Ballot Approval Process*
> The following motion has been proposed by Kirk Hall of Entrust, Inc.
> and endorsed by Virginia Fournier of Apple, Inc. and Chris Nalevanko
> of Amazon.com, Inc. to amend the CA/Browser Forum Bylaws (the “Bylaws”):
> -- MOTION BEGINS –
> In accordance with Section 6.1 of the Bylaws of the CA/Browser Forum
> (the “Forum”), the Bylaws are hereby amended as follows:
> *1. Ballots Among Forum Members. *Section 2.2 of the Bylaws is hereby
> amended to read in its entirety as follows: **
> “*2.2 General Provisions Applicable to all Ballots*
> The following rules will apply to all ballots, including Draft
> Guideline Ballots (defined in Section 2.3).
> (a) Only votes by Members shall be accepted.
> (b) Only one vote per Member company shall be accepted;
> representatives of corporate affiliates shall not vote.
> (c) A representative of any Member can call for a proposed ballot to
> be published for discussion and comment by the membership. Any
> proposed ballot needs two endorsements by other Members in order to
> proceed. The discussion period then shall take place for at least
> seven but no more than 14 calendar days before votes are cast. The
> proposer of the ballot will designate the length of the discussion
> period, and each ballot shall clearly state the start and end dates
> and times (including time zone) for both the discussion period and the
> voting period.
> (d) Upon completion of the discussion period, Members shall have
> exactly seven calendar days for voting, with the deadline clearly
> communicated in the ballot and sent via the Public Mail List. All
> voting will take place via the Public Mail List. Votes not submitted
> to the Public Mail List will not be considered valid, and will not be
> counted for any purpose.
> (e) Members may vote yes, no, or abstain on a ballot. Only votes that
> indicate a clear ‘yes’ or ‘no’ response to the ballot question shall
> be considered (i.e. votes to abstain and votes that do not indicate a
> clear ‘yes’ or ‘no’ response will not figure in the calculation of
> item (f), below).
> (f) Members fall into two categories: CAs (comprising issuing CAs and
> root CAs, as defined in the membership criteria) and browsers (as
> defined in the membership criteria). In order for the ballot to be
> adopted by the Forum, two-thirds or more of the votes cast by the
> Members in the CA category must be in favor of the ballot, and at
> least 50% plus one of the votes cast by the members in the browser
> category must be in favor of the ballot. At least one CA Member and
> one browser Member must vote in favor of a ballot for the ballot to be
> (g) A ballot result will be considered valid only when more than half
> of the number of currently active Members has participated. The number
> of currently active Members is the average number of Member
> organizations that have participated in the previous three Forum-wide
> meetings (both teleconferences and face-to-face meetings). Working
> Group, subgroup, committee, PAG, and other similar meetings do not
> count for purposes of calculating the “number of currently active
> (h) The Chair will tabulate and announce the results within 3 business
> days of the close of the voting period.
> (i) The Chair may delegate any of his/her duties under this Section
> 2.2 and Section 2.3 to the Vice Chair as necessary, or the Vice Chair
> may otherwise execute the duties and obligations of the Chair as
> provided in Section 4.1(a) of these Bylaws.”
> *2. Draft Guideline Ballots.*A new Section 2.3 shall be added to the
> Bylaws, and will read in its entirety as follows:
> *“2.3 Requirements for Draft Guideline Ballots *
> This section applies to any ballot that proposes a Final Guideline or
> a Final Maintenance Guideline (a “Draft Guideline Ballot”), all as
> defined under the Forum’s IPR Policy. Draft Guideline Ballots must
> comply with the following rules in addition to the requirements set
> forth in Section 2.2 above.
> (a) A Draft Guideline Ballot will clearly indicate whether it is
> proposing a Final Guideline or a Final Maintenance Guideline. If the
> Draft Guideline Ballot is proposing a Final Guideline, such ballot
> will include the full text of the Draft Guideline intended to become a
> Final Guideline. If the Draft Guideline Ballot is proposing a Final
> Maintenance Guideline, such ballot will include a redline or
> comparison showing the set of changes from the Final Guideline
> section(s) intended to become a Final Maintenance Guideline, and need
> not include a copy of the full set of guidelines. Such redline or
> comparison shall be made against the Final Guideline section(s) as
> they exist at the time a ballot is proposed, and need not take into
> consideration other ballots that may be proposed subsequently, except
> as provided in Section 2.3(j) below.
> (b) As described in Section 2.2(c), there will be a discussion period
> of at least seven but no more than 14 calendar days before votes are
> cast on a Draft Guideline Ballot, with the start and end dates of such
> discussion period clearly specified in the ballot.
> (c) As described in Section 2.2(d), upon completion of such discussion
> period, Members shall have exactly seven calendar days to vote on a
> Draft Guideline Ballot, with the deadline clearly communicated in the
> ballot sent via the Public Mail List. All voting will take place via
> the Public Mail List. Votes not submitted to the Public Mail List will
> not be considered valid, and will not be counted for any purpose. The
> Chair may send an email to the Public Mail List reminding Members of
> when the voting period opens and closes.
> (d) The Forum (via the Chair) will tabulate and announce the results
> within 3 business days of the close of the initial voting period (the
> “Initial Vote”). If the Draft Guidelines Ballot does not pass the
> Initial Vote, the ballot will stop.
> (e) If a Draft Guideline Ballot passes the Initial Vote, the Chair
> shall initiate, no later than the 3rd business day after the
> announcement of the Initial Vote results, the Review Period of 30 or
> 60 days, as applicable and as described in Section 4.1 of the IPR
> Policy. The Chair will initiate the Review Period by sending the
> Review Notice to both the Member Mail List and the Public Mail List.
> The Review Notice will clearly specify the open and close dates and
> times (with time zone) of the Review Period. If the Chair does not
> initiate the Review Period within 5 business days after the
> announcement of the Initial Vote results, the Vice Chair may initiate
> the Review Period, using the same process as the Chair would have been
> required to use.
> (f) The Review Period will continue to the end of the 30- or 60-day
> period, as applicable, regardless of the number of Exclusion Notices
> filed pursuant to the IPR Policy during such period, if any. No later
> than 3 business days after the conclusion of the applicable Review
> Period, the Chair will distribute any Exclusion Notices submitted in
> accordance with Section 4.2 of the IPR Policy via the Public Mail
> List; provided, however, that the Chair may distribute such Exclusion
> Notices earlier.
> (g) In addition to following the process for submitting Exclusion
> Notices set forth in Section 4 of the IPR Policy, Members will also
> send Exclusion Notices to the Public Mail List as a safeguard.
> (h) If no Exclusion Notices are filed during the Review Period with
> respect to a Draft Guideline Ballot, then the results of the Initial
> Vote are automatically deemed to be final and approved, and Draft
> Guidelines then become either Final Guidelines or Final Maintenance
> Guidelines, as designated in the Draft Guidelines Ballot. The Chair
> will notify both the Member Mail List and the Public Mail List of the
> final approval within 3 business days, as well as update the Public
> Website of Final Guidelines and Final Maintenance Guidelines within 10
> business days of the close of the Review Period.
> (i) If Exclusion Notice(s) are filed during the Review Period (as
> described in Section 4.3 of the IPR Policy), then the results of the
> Initial Vote are automatically rescinded and deemed null and void, and;
> (i) A Patent Advisory Group (PAG) will be formed, in accordance with
> Section 7 of the IPR Policy, to address the conflict. The PAG will
> make a conclusion as described in Section 7.3.2 of the IPR Policy, and
> communicate such conclusion to the rest of the Forum, using the Member
> Mail List and the Public Mail List.; and
> (ii) After the PAG provides its conclusion, if the proposer and
> endorsers decide to proceed with the Draft Guidelines Ballot, and:
> (A) The proposer and endorsers*do not make any changes* to the Draft
> Guidelines Ballot, such ballot must go through the steps described in
> Sections 2.3(b) through (d) above, replacing the “Initial Vote” with a
> “Second Vote.” If a Draft Guidelines Ballot passes the Second Vote,
> then the results of the Second Vote are deemed to be final and
> approved. Draft Guidelines then become either Final Guidelines or
> Final Maintenance Guidelines, as designated in the Draft Guidelines
> Ballot. The Chair will notify both the Member Mail List and the
> Public Mail List of the approval, as well as update the public website
> of Final Guidelines and Final Maintenance Guidelines; or
> (B) The proposer and endorsers *make changes* to the Draft Guidelines
> Ballot, a new Draft Guidelines Ballot must be proposed, and must go
> through the steps described in Sections 2.3(a) through (i) above.
> (j) If a ballot is proposed to amend the same section of the Final
> Guidelines or the Final Maintenance Guidelines as one or more previous
> ballot(s) that has/have not yet been finally approved, the newly
> proposed ballot must include information about, and a link to, any
> such previous ballot(s), and may include provisions to avoid any
> conflicts relating to such previous ballots.”
> 3. *Interpretation of Bylaws*. A new Section 6.3 shall be added to
> the Bylaws and will read in its entirety as follows:
> “*6.3 Interpretation of Bylaws*
> Nothing in these Bylaws is intended to supersede or replace anything
> in the IPR Policy. In the event of a conflict between these Bylaws and
> the IPR Policy, the IPR Policy shall govern.”
> 3. *Effect of Ballot.* Nothing in this ballot is intended to
> supersede or replace anything in the IPR Policy. In the event of a
> conflict between this ballot and the IPR Policy, the IPR Policy shall
> govern. Except as specifically provided in this ballot, all other
> provisions of the Bylaws shall remain in full force and effect.
> *-- MOTION ENDS – *
> The procedure for this ballot is as follows (exact start and end times
> may be adjusted to comply with applicable Bylaws and IPR Agreement):
> BALLOT 183
> Status: Amendment to Bylaws
> Start time (22:00 UTC)
> End time (22:00 UTC)
> Discussion (7 days)
> 17 Jan. 2017
> 24 Jan. 2017
> Vote for approval (7 days)
> 24 Jan. 2017
> 31 Jan. 2017
> Votes must be cast by posting an on-list reply to this thread on the
> Public Mail List.
> A vote in favor of the ballot 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 ballot 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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