[cabfpub] Pre-Ballot 209 EV Liability

[Ryan Sleevi]

Moudrick,

To make sure I understand - you're trying to understand whether you have to
limit liability in both cases or neither case, correct? That is, you're
reading it as your options are (A AND B) or NOT (A or B)

By proposing "OR", I'm not sure it brings the clarity, if that's the case,
since it would read
(A OR B) or NOT (A AND B)

I think the intent is to be and/or - which would mean your options are (a),
(b), (a) and (b), or neither (a) or (b).

Does that work - changing it to "and/or" ?

On Tue, Jul 25, 2017 at 6:09 PM, Moudrick M. Dadashov via Public <
public at cabforum.org> wrote:

> Hi Ben,
>
> could it be "or" between (1) and (2)?
>
> Thanks,
> M.D.
>
> On 7/25/2017 11:59 PM, Ben Wilson via Public wrote:
>
> Here is another pre-ballot for discussion.
>
>
>
> *Ballot 209 - EV Liability*
>
>
>
> In Section 18 of the EV Guidelines, add the following sentences to the end
> of the first paragraph:
>
>
>
> Notwithstanding the foregoing, a CA MAY limit its liability to Subscribers
> or Relying Parties for legally recognized and provable claims to: (1) one
> hundred thousand US dollars – aggregated across all claims, Subscribers,
> and Relying Parties – per EV Certificate; and (2) five million US dollars –
> aggregated across all claims, Subscribers, and Relying Parties – for all EV
> Certificates issued by the CA during any continuous 12-month period. These
> limitations are notwithstanding anything in the Baseline Requirements
> purportedly to the contrary.
>
>
>
> Such that Section 18 of the EV Guidelines would read:
>
>
>
> CAs MAY limit their liability as described in Section 9.8 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 than two thousand US dollars per Subscriber or Relying Party
> per EV Certificate. *Notwithstanding the foregoing, a CA MAY limit its
> liability to Subscribers or Relying Parties for legally recognized and
> provable claims to: (1) one hundred thousand US dollars – aggregated across
> all claims, Subscribers, and Relying Parties – per EV Certificate; and (2)
> five million US dollars – aggregated across all claims, Subscribers, and
> Relying Parties – for all EV Certificates issued by the CA during any
> continuous 12-month period. These limitations are notwithstanding anything
> in the Baseline Requirements purportedly to the contrary*.
>
>
>
> A CA's indemnification obligations and a Root CA’s obligations with
> respect to subordinate CAs are set forth in Section 9.9 of the Baseline
> Requirements.
>
>
>
> *Ben Wilson, JD, CISA, CISSP*
>
> VP Compliance
>
> +1 801 701 9678 <(801)%20701-9678>
>
>
>
>
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