Virginia – we have been following the steps you listed below, and have been sending out “Review Notices” since Ballot 190 that included the specific Ballot language in “track changes” mode showing how our guidelines (BRs or EVGL) were amended by each Ballot – I believed that this complied with our Bylaws shown below.
Unfortunately, as Ryan pointed out a few days ago, our Review Notices can’t include just the specific Ballot language showing the changes that were made by the Ballot, but must include “a complete draft of the Draft Guideline [i.e., the entire BR or EVGL document itself] that is the subject of such notice”. Oddly enough, the IPR Agreement language doesn’t allow the “Draft Guideline” that is sent with the Review Notice to show what changes were made by the Ballot, so it’s not very helpful to Members for their IP review. As a result, I will be sending out revised Review Notices this week that include the entire “Draft Guideline that is the subject of such notice” for the following ballots: Ballots 190, 191-193, 195-197, 199, 201, 204, 207, 210, 214-215, and 217. Because there were no Exclusion Notices filed last time in response to the Review Notices sent (except for Ballot 190, where royalty free licenses were granted), I doubt there will be any new Exclusion Notices submitted this time. As a separate matter, I note that the Governance Change Working Group is already working on an updated draft of our IPR Agreement. I suggest the WG consider changing IPRA Sec. 4.1 so that Review Notices for Final Maintenance Guidelines (our typical ballots) only provide the specific Guideline language that was changed by a Ballot (in “track changes” mode), and not the entire Draft Guideline (i.e., don’t send the entire BR or EVGL document that doesn’t showing the changes made by the Ballot). That would seem more useful to Forum Members in reviewing a Review Notice for the purpose of providing Exclusion Notices. Here’s a further explanation. WHAT OUR BYLAWS SAY ABOUT BALLOTS AND REVIEW NOTICES Here are the relevant portions of what our Bylaws say about Ballots that propose a “Final Maintenance Guideline” (something that amends the existing BRs or EVGL), which is different from a “Final Guideline” (which is a whole new set of requirements in a new document): 2.4 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 2.3 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. *** (b) [Discussion period details] (c) [Voting period details] (d) [Announcement of vote result] (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. [Vice Chair may do this if the Chair does not] (f) [Chair to distribute any Exclusion Notices received] (g) [Exclusion Notices must also be sent to the Public List] (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 [PAG created, etc.]. (j) [What to do if two overlapping Ballots amend the same sections] WHAT OUR IPR AGREEMENT SAYS ABOUT BALLOTS AND REVIEW NOTICES Our IPR Agreement is largely consistent with the Bylaws, but includes this provision requiring the entire “Draft Guideline” be part of the Review notice, as Ryan pointed out a few days ago. This means the entire updated BR or EVGL document, not showing what the Ballot changes were: IPR Agreement Sec. 4.1 - Review of Draft Specifications. Prior to the approval of a CAB Forum Draft Guideline as a CAB Forum Final Guideline or Final Maintenance Guideline there shall be a review period during which Participants may exclude certain Essential Claims from CAB Forum RF Licenses. The CAB Forum Chair shall initiate the Review Period by distributing to each CAB Forum Participant a notice of review period and a complete draft of the Draft Guideline that is the subject of such notice (“Review Notice”). Each Participant on behalf of itself and its Affiliates shall have sixty (60) days following the date of the receipt of such Review Notice (“Review Period”) to review such Draft Guideline and consider any licensing obligations with respect to any Essential Claims that may be encompassed by such Draft Guideline. The approval of a CAB Forum Final Maintenance Guideline shall follow the same process except that the Review Period shall be thirty (30) days. From: Public [mailto:[email protected]] On Behalf Of Virginia Fournier via Public Sent: Thursday, February 1, 2018 12:22 PM To: [email protected]<mailto:[email protected]> Subject: [EXTERNAL][cabfpub] Review Notices I agree that some Review Notices that have been sent out may not comply with Section 2.4(e) of the Bylaws. The sequence of events is important, and there was a very thorough discussion about this sequence in connection with the ballot. A thumbnail sketch of the sequence: * 7-day discussion period * 7-day voting period * Ballot passes the Initial Vote (if it doesn’t, stop here). * Chair initiates Review Period (30 or 60 days) with Review Notice to Public and Member lists * If no exclusion notices are filed during the Review Period, then ballot is approved. * If there are exclusion notices filed during the Review Period, then ballot is not approved at that time, then PAG, etc. So, here’s the question, was a Review Notice sent out after a Ballot passed, and, if so, did the Review Notice include the correct information? If not, the Ballot was not properly approved, a new Review Notice will need to be sent out with the correct information, and participants will need to be given a new Review Period. Otherwise, the Ballot will not be “approved” according to the Bylaws. Any questions about this? Best regards, Virginia Fournier Senior Standards Counsel Apple Inc. ☏ 669-227-9595 ✉︎ [email protected]<mailto:[email protected]> On Feb 1, 2018, at 10:33 AM, [email protected]<mailto:[email protected]> wrote: Send Public mailing list submissions to [email protected]<mailto:[email protected]> To subscribe or unsubscribe via the World Wide Web, visit https://cabforum.org/mailman/listinfo/public or, via email, send a message with subject or body 'help' to [email protected]<mailto:[email protected]> You can reach the person managing the list at [email protected]<mailto:[email protected]> When replying, please edit your Subject line so it is more specific than "Re: Contents of Public digest..." Today's Topics: 1. Re: Public Digest, Vol 69, Issue 118 (Ryan Sleevi) ---------------------------------------------------------------------- Message: 1 Date: Thu, 1 Feb 2018 13:32:15 -0500 From: Ryan Sleevi <[email protected]<mailto:[email protected]>> To: Kirk Hall <[email protected]<mailto:[email protected]>>, "CA/Browser Forum Public Discussion List" <[email protected]<mailto:[email protected]>> Cc: Virginia Fournier <[email protected]<mailto:[email protected]>> Subject: Re: [cabfpub] Public Digest, Vol 69, Issue 118 Message-ID: <cacvawvaycxkz1s00ftlz+spnm3pvqvuijx_6fnwkbi9jkpz...@mail.gmail.com<mailto:cacvawvaycxkz1s00ftlz+spnm3pvqvuijx_6fnwkbi9jkpz...@mail.gmail.com>> Content-Type: text/plain; charset="utf-8" Hi Kirk, As mentioned previously, these Review Notices don't comply with Section 2.4(e) of the Bylaws and our IPR Policy, Section 4.1 As per https://cabforum.org/wp-content/uploads/CABF-IPR-Policy-v.1.2.pdf Prior to the approval of a CAB Forum Draft Guideline as a CAB Forum Final Guideline or Final Maintenance Guideline there shall be a review period during which Participants may exclude CA/B Forum Intellectual Property Rights Policy, v. 1.2 Page 2 certain Essential Claims from CAB Forum RF Licenses. The CAB Forum Chair shall initiate the Review Period by distributing to each CAB Forum Participant **a notice of review period and a complete draft of the Draft Guideline that is the subject of such notice (?Review Notice?)**. Each Participant on behalf of itself and its Affiliates shall have sixty (60) days following the date of the receipt of such Review Notice (?Review Period?) to review such Draft Guideline and consider any licensing obligations with respect to any Essential Claims that may be encompassed by such Draft Guideline. The approval of a CAB Forum Final Maintenance Guideline shall follow the same process except that the Review Period shall be thirty (30) days. I think the important part is "a complete draft of the Draft Guideline" Not a redline, but the complete draft - the fully integrated text. On Thu, Feb 1, 2018 at 1:28 PM, Kirk Hall via Public <[email protected]<mailto:[email protected]>> wrote: Virginia ? yes, we have been posting Review Notices for every ballot that changes the Guidelines since Ballot 190 to the Public list ? just search on ?Review Notice? and you should see them. Here is an example. *From:* Public [mailto:[email protected]] *On Behalf Of *Virginia Fournier via Public *Sent:* Wednesday, January 31, 2018 8:09 PM *To:* [email protected]<mailto:[email protected]> *Subject:* [EXTERNAL]Re: [cabfpub] Public Digest, Vol 69, Issue 118 Hi - I don?t recall seeing any Review Notices sent out pursuant to Section 2.4(e) of the Bylaws. What is happening with those? Best regards, Virginia Fournier Senior Standards Counsel ? Apple Inc. ? 669-227-9595 <(669)%20227-9595> ?? [email protected]<mailto:[email protected]> On Jan 27, 2018, at 4:20 PM, [email protected]<mailto:[email protected]> wrote: Send Public mailing list submissions to [email protected]<mailto:[email protected]> To subscribe or unsubscribe via the World Wide Web, visit https://cabforum.org/mailman/listinfo/public or, via email, send a message with subject or body 'help' to [email protected]<mailto:[email protected]> You can reach the person managing the list at [email protected]<mailto:[email protected]> When replying, please edit your Subject line so it is more specific than "Re: Contents of Public digest..." Today's Topics: 1. Updated CABF documents - Record of Review Notices (Kirk Hall) ---------------------------------------------------------------------- Message: 1 Date: Sun, 28 Jan 2018 00:20:52 +0000 From: Kirk Hall <[email protected]<mailto:[email protected]>> To: CA/Browser Forum Public Discussion List <[email protected]<mailto:[email protected]>> Subject: [cabfpub] Updated CABF documents - Record of Review Notices Message-ID: <[email protected]. datacard.com<mailto:[email protected].%0bdatacard.com>> Content-Type: text/plain; charset="us-ascii" I attached updated copies of the BRs, EVGL, and Bylaws in "show changes" mode, in both Word and pdf format. Please review. If there are no edits, we can finalize and post to the CABF website at the end of next week. A note on timing. The changes to the BRs and EVGL all come from a single ballot, Ballot 217, which only became effective on Jan. 20, 2018 (a week ago). Under our Bylaws, updated BRs and EVGLs should have been circulated by last Wednesday, so I am 3 days late - I apologize for any inconvenience. Our Bylaws do not specify any time limit on when updated copies of the Bylaws must be created and circulated, and these revised Bylaws include only the changes from Ballot 216, which became effective Dec. 21, 2017 - about five weeks ago. Again, I apologize if anyone was inconvenienced by not receiving an updated copy of the Bylaws before today. I also attach a document "Record of Review Notices Since Ballot 190 (27 Jan 2018)" which indicates there have been no Exclusion Notices filed on Guidelines ballots since Ballot 190. Members were already aware of this, as anyone claiming an Exclusion Notice must post it to the Public list (and none have been posted since Ballot 190), but we will maintain and update this new document and send it out in the future on the Public list after the Review Period for each Guidelines ballot expires. -------------- next part -------------- An HTML attachment was scrubbed... URL: <http://cabforum.org/pipermail/public/attachments/ 20180128/bffb6a85/attachment.html<http://cabforum.org/pipermail/public/attachments/%0b20180128/bffb6a85/attachment.html>> -------------- next part -------------- A non-text attachment was scrubbed... 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Name: Record of Review Notices Since Ballot 190 (27 Jan 2018).docx Type: application/vnd.openxmlformats-officedocument. wordprocessingml.document Size: 18341 bytes Desc: Record of Review Notices Since Ballot 190 (27 Jan 2018).docx URL: <http://cabforum.org/pipermail/public/attachments/ 20180128/bffb6a85/attachment.docx<http://cabforum.org/pipermail/public/attachments/%0b20180128/bffb6a85/attachment.docx>> ------------------------------ Subject: Digest Footer _______________________________________________ Public mailing list [email protected]<mailto:[email protected]> https://cabforum.org/mailman/listinfo/public ------------------------------ End of Public Digest, Vol 69, Issue 118 *************************************** ---------- Forwarded message ---------- From: Kirk Hall <[email protected]<mailto:[email protected]>> To: "CA/Browser Forum Public Discussion List" <[email protected]<mailto:[email protected]>> Cc: Bcc: Date: Thu, 21 Dec 2017 22:22:35 +0000 Subject: Notice of Review Period ? Ballot 217 *NOTICE OF REVIEW PERIOD ? BALLOT 217* This Review Notice is sent pursuant to Section 4.1 of the CA/Browser Forum?s Intellectual Property Rights Policy (v1.2). This Review Period is for Final Maintenance Guidelines (30 day Review Period). A complete draft of the Draft Guideline that is the subject of this Review Notice is attached. Date Review Notice Sent: December 21, 2017 Ballot for Review: Ballot 217 ? Sunset RFC 2527 Start of Review Period: December 21, 2017 at 23:00 UTC End of Review Period: January 20, 2018 at 23:00 UTC Please forward any Exclusion Notice relating to Essential Claims to the Chair by email to [email protected]<mailto:[email protected]> before the end of the Review Period. See current version of CA/Browser Forum Intellectual Property Rights Policy for details. *(Optional form of Exclusion Notice is attached)* *Ballot 217: Sunset RFC 2527* *-- MOTION BEGINS --* This ballot modifies the "Baseline Requirements for the Issuance and Management of Publicly-Trusted Certificates" as follows, based upon Version 1.5.1: In Section 2.2, replace the text: "The CA SHALL publicly disclose its Certificate Policy and/or Certification Practice Statement through an appropriate and readily accessible online means that is available on a 24x7 basis. The CA SHALL publicly disclose its CA business practices to the extent required by the CA's selected audit scheme (see Section 8.1). The disclosures MUST include all the material required by RFC 2527 or RFC 3647, and MUST be structured in accordance with either RFC 2527 or RFC 3647. " with the following: "The CA SHALL publicly disclose its Certificate Policy and/or Certification Practice Statement through an appropriate and readily accessible online means that is available on a 24x7 basis. The CA SHALL publicly disclose its CA business practices to the extent required by the CA's selected audit scheme (see Section 8.1). Effective as of 31 May 2018, the Certificate Policy and/or Certification Practice Statement MUST be structured in accordance with RFC 3647. Prior to 31 May 2018, the Certificate Policy and/or Certification Practice Statement MUST be structured in accordance with either RFC 2527 or RFC 3647. The Certificate Policy and/or Certification Practice Statement MUST include all material required by RFC 3647 or, if structured as such, RFC 2527." This ballot modifies the "Guidelines for the Issuance and Management of Extended Validation Certificates" as follows, based on Version 1.6.6: In Section 8.2.2, replace the text: "Each CA MUST publicly disclose their EV Policies through an appropriate and readily accessible online means that is available on a 24x7 basis. The CA is also REQUIRED to publicly disclose its CA business practices as required by WebTrust for CAs and ETSI TS 102 042 and ETSI EN 319 411-1. The disclosures MUST be structured in accordance with either RFC 2527 or RFC 3647." With the following: "Each CA MUST publicly disclose its Certificate Policy and/or Certification Practice Statement through an appropriate and readily accessible online means that is available on a 24x7 basis. The CA SHALL publicly disclose its CA business practices to the extent required by the CA's selected audit scheme (see Section 17.1). Effective as of 31 May 2018, the CA's Certificate Policy and/or Certification Practice Statement MUST be structured in accordance with RFC 3647. Prior to 31 May 2018, the CA's Certificate Policy and/or Certification Practice Statement MUST be structured in accordance with either RFC 2527 or RFC 3647. The Certificate Policy and/or Certification Practice Statement MUST include all material required by RFC 3647 or, if structured as such, RFC 2527." *-- MOTION ENDS --* _______________________________________________ Public mailing list [email protected]<mailto:[email protected]> https://cabforum.org/mailman/listinfo/public -------------- next part -------------- An HTML attachment was scrubbed... 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