[cabfpub] Reform of section 9.16.3

[Gervase Markham]

On 16/07/16 02:24, Ryan Sleevi wrote:

> We can and should continue discussion of reform to 9.16.3, for the
> many obvious threats that were presented. As an example, Kirk's
> unfortunate response ("well, you have your disclosure, so why are we
> wasting any more time on it?") highlights the need to provide greater
> clarity, for some people, about the importance and expectation of
> timely disclosure of relevant facts. Similarly, the issues raised by
> Gerv and I in the past are still in need of suitable resolution.

This seems like a good moment to revive the reform plan for 9.16.3, the
text of which was helpfully contributed to by several people, including
Kirk.

The final text we came up with after the last discussion was:
*
9.16.3. Severability*

If a court or government body with jurisdiction over the activities
covered by these Requirements determines that the performance of any
mandatory requirement is illegal, then such requirement is considered
reformed to the minimum extent necessary to make the requirement valid
and legal. This applies only to operations or certificate issuances that
are subject to the laws of that jurisdiction. The parties involved SHALL
notify the CA / Browser Forum _by sending a message
to questions at cabforum.org <mailto:questions at cabforum.org> explaining_the
facts, circumstances, and law(s) involved, _and receiving confirmation
that it has been posted to the Public Mailing List and is indexed in the
Public Mail Archives available at
https://cabforum.org/pipermail/public/,_ so that the CA/Browser Forum
may _consider possible revisions to these_ Requirements accordingly.

_A CA that issues a certificate under a requirement reformed through an
action of a court or government body with jurisdiction SHALL list the
reformed requirement in Section 9.16.3 of the CA’s CPS prior to issuing
a certificate and include (in Section 9.16.3 of the CA’s CPS) a
reference to the law or government order requiring a reformation under
this section._


Any more comments before I prepare a ballot?

Gerv

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