[cabfpub] Pre-Ballot 209 EV Liability

Moudrick M. Dadashov md at ssc.lt
Tue Jul 25 15:27:19 MST 2017


Thanks, Ryan, I agree "or" doesn't make it clear. I'm going to suggest 
slightly refined (2).

Thanks,
M.D.


On 7/26/2017 1:13 AM, Ryan Sleevi wrote:
> Moudrick,
>
> To make sure I understand - you're trying to understand whether you 
> have to limit liability in both cases or neither case, correct? That 
> is, you're reading it as your options are (A AND B) or NOT (A or B)
>
> By proposing "OR", I'm not sure it brings the clarity, if that's the 
> case, since it would read
> (A OR B) or NOT (A AND B)
>
> I think the intent is to be and/or - which would mean your options are 
> (a), (b), (a) and (b), or neither (a) or (b).
>
> Does that work - changing it to "and/or" ?
>
> On Tue, Jul 25, 2017 at 6:09 PM, Moudrick M. Dadashov via Public 
> <public at cabforum.org <mailto:public at cabforum.org>> wrote:
>
>     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 <tel:%28801%29%20701-9678>
>>
>>
>>
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