• Incorporate comments §A.6.c;.
  • Liabilities with all parties are handled by means of dispute resolution. CAcert asserts own jurisdiction under Arbitration Act and refers disputes to internal Arbitration. Arbitration allocates liability within community, from Member to Member, including to/from CAcert.
  • Dispute Resolution Policy documents the process and rules of Arbitration. DRP was approved by Board to POLICY at executive meeting decision m20070918.2 m20070918.3 m20070919.3. CCA was ratified at AGM of the Association 20071117. Minutes.
  • The dispute resolution mechanism is observed in action at wiki.cacert.org/wiki/ArbitrationCases.
  • Contingencies:
    • Liability outside own jurisdiction is disclaimed. This assumes promulgation, consistency, acceptance.
    • Liability inside own jurisdiction is agreed in CCA. See §A.6.d.
    Either of these could be subject to challenge.
  • David Ross's additional comments: Requirement A.6.b might mean that the CA assumes little liability. This would be especially true for anything happening before the CA is informed that a subscriber is acting improperly. However, it should mean that the CA assumes legal responsibility for verifying the identity of a subscriber and might include responsibility for verifying that, at the time a subscriber certificate is issued, the subscriber is operating a legitimate business.
  • Addressing David Ross's additional points above:
    • CA limits its liability implicitly to the same liability as other Members.
    • Before / after notification would be dealt with by Arbitrator's ruling under DRP.
    • Verification is handled by the Assurance Statement in AP1.2 and linked to CPS by Relying Party Statement CPS4.5.2
  • CPS9.8 Limitations of Liability
  • See §B.2.d. Statement is published.