[cabfpub] Pre-Ballot 209 EV Liability

[Moudrick M. Dadashov]

Ok. Do I understand the intention correctly: to have a "floating 
liability" amount per EV certificate and "fixed liability" amount per 
continuous 12-month period?

Thanks,
M.D.


On 7/26/2017 1:10 AM, Ben Wilson wrote:
>
> No. Because they MAY do both.  An “or” would mean that they have to 
> choose between the two, which isn’t the intent.
>
> *Ben Wilson, JD, CISA, CISSP*
>
> VP Compliance
>
> +1 801 701 9678
>
> *From:*Moudrick M. Dadashov [mailto:md at ssc.lt]
> *Sent:* Tuesday, July 25, 2017 4:09 PM
> *To:* Ben Wilson <ben.wilson at digicert.com>; CA/Browser Forum Public 
> Discussion List <public at cabforum.org>
> *Subject:* Re: [cabfpub] Pre-Ballot 209 EV Liability
>
> 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
>
>
>
>
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>
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>
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