Comodo votes YES
On 1/25/2017 9:27 AM, Kirk Hall via Public wrote:
Voting has started on Ballo3 183, and continues through Tuesday,
January 31, 2017 at 22:00 UTC. Please vote via the Public list.
*B**allot 183 – Amending the Bylaws to Clarify the Ballot Approval
Process*
*//*
The following motion has been proposed by Kirk Hall of Entrust, Inc.
and endorsed by Virginia Fournier of Apple, Inc. and Chris Nalevanko
of Amazon.com, Inc. to amend the CA/Browser Forum Bylaws (the “Bylaws”):
-- MOTION BEGINS –
In accordance with Section 6.1 of the Bylaws of the CA/Browser Forum
(the “Forum”), the Bylaws are hereby amended as follows:
*1. Ballots Among Forum Members. *Section 2.2 of the Bylaws is hereby
amended to read in its entirety as follows: **
“*2.2 General Provisions Applicable to all Ballots*
The following rules will apply to all ballots, including Draft
Guideline Ballots (defined in Section 2.3).
(a) Only votes by Members shall be accepted.
(b) Only one vote per Member company shall be accepted;
representatives of corporate affiliates shall not vote.
(c) A representative of any Member can call for a proposed ballot to
be published for discussion and comment by the membership. Any
proposed ballot needs two endorsements by other Members in order to
proceed. The discussion period then shall take place for at least
seven but no more than 14 calendar days before votes are cast. The
proposer of the ballot will designate the length of the discussion
period, and each ballot shall clearly state the start and end dates
and times (including time zone) for both the discussion period and the
voting period.
(d) Upon completion of the discussion period, Members shall have
exactly seven calendar days for voting, with the deadline clearly
communicated in the ballot and sent via the Public Mail List. All
voting will take place via the Public Mail List. Votes not submitted
to the Public Mail List will not be considered valid, and will not be
counted for any purpose.
(e) Members may vote yes, no, or abstain on a ballot. Only votes that
indicate a clear ‘yes’ or ‘no’ response to the ballot question shall
be considered (i.e. votes to abstain and votes that do not indicate a
clear ‘yes’ or ‘no’ response will not figure in the calculation of
item (f), below).
(f) Members fall into two categories: CAs (comprising issuing CAs and
root CAs, as defined in the membership criteria) and browsers (as
defined in the membership criteria). In order for the ballot to be
adopted by the Forum, two-thirds or more of the votes cast by the
Members in the CA category must be in favor of the ballot, and at
least 50% plus one of the votes cast by the members in the browser
category must be in favor of the ballot. At least one CA Member and
one browser Member must vote in favor of a ballot for the ballot to be
adopted.
(g) A ballot result will be considered valid only when more than half
of the number of currently active Members has participated. The number
of currently active Members is the average number of Member
organizations that have participated in the previous three Forum-wide
meetings (both teleconferences and face-to-face meetings). Working
Group, subgroup, committee, PAG, and other similar meetings do not
count for purposes of calculating the “number of currently active
members.”
(h) The Chair will tabulate and announce the results within 3 business
days of the close of the voting period.
(i) The Chair may delegate any of his/her duties under this Section
2.2 and Section 2.3 to the Vice Chair as necessary, or the Vice Chair
may otherwise execute the duties and obligations of the Chair as
provided in Section 4.1(a) of these Bylaws.”
**
*2. Draft Guideline Ballots.*A new Section 2.3 shall be added to the
Bylaws, and will read in its entirety as follows:
*“2.3 Requirements for Draft Guideline Ballots *
**
This section applies to any ballot that proposes a Final Guideline or
a Final Maintenance Guideline (a “Draft Guideline Ballot”), all as
defined under the Forum’s IPR Policy. Draft Guideline Ballots must
comply with the following rules in addition to the requirements set
forth in Section 2.2 above.
(a) A Draft Guideline Ballot will clearly indicate whether it is
proposing a Final Guideline or a Final Maintenance Guideline. If the
Draft Guideline Ballot is proposing a Final Guideline, such ballot
will include the full text of the Draft Guideline intended to become a
Final Guideline. If the Draft Guideline Ballot is proposing a Final
Maintenance Guideline, such ballot will include a redline or
comparison showing the set of changes from the Final Guideline
section(s) intended to become a Final Maintenance Guideline, and need
not include a copy of the full set of guidelines. Such redline or
comparison shall be made against the Final Guideline section(s) as
they exist at the time a ballot is proposed, and need not take into
consideration other ballots that may be proposed subsequently, except
as provided in Section 2.3(j) below.
(b) As described in Section 2.2(c), there will be a discussion period
of at least seven but no more than 14 calendar days before votes are
cast on a Draft Guideline Ballot, with the start and end dates of such
discussion period clearly specified in the ballot.
(c) As described in Section 2.2(d), upon completion of such discussion
period, Members shall have exactly seven calendar days to vote on a
Draft Guideline Ballot, with the deadline clearly communicated in the
ballot sent via the Public Mail List. All voting will take place via
the Public Mail List. Votes not submitted to the Public Mail List will
not be considered valid, and will not be counted for any purpose. The
Chair may send an email to the Public Mail List reminding Members of
when the voting period opens and closes.
(d) The Forum (via the Chair) will tabulate and announce the results
within 3 business days of the close of the initial voting period (the
“Initial Vote”). If the Draft Guidelines Ballot does not pass the
Initial Vote, the ballot will stop.
(e) If a Draft Guideline Ballot passes the Initial Vote, the Chair
shall initiate, no later than the 3rd business day after the
announcement of the Initial Vote results, the Review Period of 30 or
60 days, as applicable and as described in Section 4.1 of the IPR
Policy. The Chair will initiate the Review Period by sending the
Review Notice to both the Member Mail List and the Public Mail List.
The Review Notice will clearly specify the open and close dates and
times (with time zone) of the Review Period. If the Chair does not
initiate the Review Period within 5 business days after the
announcement of the Initial Vote results, the Vice Chair may initiate
the Review Period, using the same process as the Chair would have been
required to use.
(f) The Review Period will continue to the end of the 30- or 60-day
period, as applicable, regardless of the number of Exclusion Notices
filed pursuant to the IPR Policy during such period, if any. No later
than 3 business days after the conclusion of the applicable Review
Period, the Chair will distribute any Exclusion Notices submitted in
accordance with Section 4.2 of the IPR Policy via the Public Mail
List; provided, however, that the Chair may distribute such Exclusion
Notices earlier.
(g) In addition to following the process for submitting Exclusion
Notices set forth in Section 4 of the IPR Policy, Members will also
send Exclusion Notices to the Public Mail List as a safeguard.
(h) If no Exclusion Notices are filed during the Review Period with
respect to a Draft Guideline Ballot, then the results of the Initial
Vote are automatically deemed to be final and approved, and Draft
Guidelines then become either Final Guidelines or Final Maintenance
Guidelines, as designated in the Draft Guidelines Ballot. The Chair
will notify both the Member Mail List and the Public Mail List of the
final approval within 3 business days, as well as update the Public
Website of Final Guidelines and Final Maintenance Guidelines within 10
business days of the close of the Review Period.
(i) If Exclusion Notice(s) are filed during the Review Period (as
described in Section 4.3 of the IPR Policy), then the results of the
Initial Vote are automatically rescinded and deemed null and void, and;
(i) A Patent Advisory Group (PAG) will be formed, in accordance with
Section 7 of the IPR Policy, to address the conflict. The PAG will
make a conclusion as described in Section 7.3.2 of the IPR Policy, and
communicate such conclusion to the rest of the Forum, using the Member
Mail List and the Public Mail List.; and
(ii) After the PAG provides its conclusion, if the proposer and
endorsers decide to proceed with the Draft Guidelines Ballot, and:
(A) The proposer and endorsers*do not make any changes* to the Draft
Guidelines Ballot, such ballot must go through the steps described in
Sections 2.3(b) through (d) above, replacing the “Initial Vote” with a
“Second Vote.” If a Draft Guidelines Ballot passes the Second Vote,
then the results of the Second Vote are deemed to be final and
approved. Draft Guidelines then become either Final Guidelines or
Final Maintenance Guidelines, as designated in the Draft Guidelines
Ballot. The Chair will notify both the Member Mail List and the
Public Mail List of the approval, as well as update the public website
of Final Guidelines and Final Maintenance Guidelines; or
(B) The proposer and endorsers *make changes* to the Draft Guidelines
Ballot, a new Draft Guidelines Ballot must be proposed, and must go
through the steps described in Sections 2.3(a) through (i) above.
(j) If a ballot is proposed to amend the same section of the Final
Guidelines or the Final Maintenance Guidelines as one or more previous
ballot(s) that has/have not yet been finally approved, the newly
proposed ballot must include information about, and a link to, any
such previous ballot(s), and may include provisions to avoid any
conflicts relating to such previous ballots.”
3. *Interpretation of Bylaws*. A new Section 6.3 shall be added to
the Bylaws and will read in its entirety as follows:
“*6.3 Interpretation of Bylaws*
**
Nothing in these Bylaws is intended to supersede or replace anything
in the IPR Policy. In the event of a conflict between these Bylaws and
the IPR Policy, the IPR Policy shall govern.”
3. *Effect of Ballot.* Nothing in this ballot is intended to
supersede or replace anything in the IPR Policy. In the event of a
conflict between this ballot and the IPR Policy, the IPR Policy shall
govern. Except as specifically provided in this ballot, all other
provisions of the Bylaws shall remain in full force and effect.
**
*-- MOTION ENDS – *
The procedure for this ballot is as follows (exact start and end times
may be adjusted to comply with applicable Bylaws and IPR Agreement):
BALLOT 183
Status: Amendment to Bylaws
Start time (22:00 UTC)
End time (22:00 UTC)
Discussion (7 days)
17 Jan. 2017
24 Jan. 2017
Vote for approval (7 days)
24 Jan. 2017
31 Jan. 2017
Votes must be cast by posting an on-list reply to this thread on the
Public Mail List.
A vote in favor of the ballot must indicate a clear 'yes' in the
response. A vote against must indicate a clear 'no' in the response. A
vote to abstain must indicate a clear 'abstain' in the response.
Unclear responses will not be counted. The latest vote received from
any representative of a voting Member before the close of the voting
period will be counted. Voting Members are listed here:
https://cabforum.org/members/
In order for the ballot to be adopted, two thirds or more of the votes
cast by Members in the CA category and greater than 50% of the votes
cast by members in the browser category must be in favor. Quorum is
currently ten (10) Members – at least ten Members must participate in
the ballot, either by voting in favor, voting against, or abstaining.
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