[cabfpub] Pre-Ballot 209 EV Liability

Tue Jul 25 23:11:29 UTC 2017

Never mind – I think I now see your point.  Not “up to” it needs to be “not less than $5 million.”  Would that make it clearer?

Ben Wilson, JD, CISA, CISSP

VP Compliance

+1 801 701 9678

From: Public [mailto:public-bounces at cabforum.org] On Behalf Of Ben Wilson via Public
Sent: Tuesday, July 25, 2017 5:10 PM
To: Moudrick M. Dadashov <md at ssc.lt>; CA/Browser Forum Public Discussion List <public at cabforum.org>
Subject: Re: [cabfpub] Pre-Ballot 209 EV Liability

It’s permissive – a CA MAY limit its liability.   Maybe we should say “up to $5 million”.   Then, would that be clearer -  that it can be less than $5 million?

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 4:35 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

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  <mailto:ben.wilson at digicert.com> <ben.wilson at digicert.com>; CA/Browser Forum Public Discussion List  <mailto:public at cabforum.org> <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  <mailto:ben.wilson at digicert.com> <ben.wilson at digicert.com>; CA/Browser Forum Public Discussion List  <mailto:public at cabforum.org> <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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