[cabfpub] Pre-Ballot 209 EV Liability

Ben Wilson ben.wilson at digicert.com
Tue Jul 25 13:59:14 MST 2017


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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