[cabfpub] Pre-Ballot 209 EV Liability

[Moudrick M. Dadashov]

With "and" I don't see its optional.

Again, just to understand the model: is per EV certificate amount is NOT 
fixed whereas 12-month continuous amount is the only option ($5 mln.)?

Thanks,
M.D.

On 7/26/2017 1:28 AM, Ben Wilson wrote:
>
> All of the provisions would provide optional caps that CAs could place 
> on EV liability.  The 12-month $5 Million cap allows a CA to cap all 
> EV liability to all those EV certificates issued within a single year.
>
> *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 4:24 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
>
> 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>
>     <mailto:ben.wilson at digicert.com>; CA/Browser Forum Public
>     Discussion List <public at cabforum.org> <mailto: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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