[cabfpub] Pre-Ballot 209 EV Liability

[Moudrick M. Dadashov]

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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