Ballot 183 – Amending the Bylaws to Clarify the Ballot Approval Process

Ballot overview

• Ballot 183 amended the CA/Browser Forum Bylaws to clarify the ballot approval process.
• The ballot was approved by 17 yes, 0 no, 0 abstain votes from CAs and 2 yes, 0 no, 0 abstain votes from browsers.
• The quorum figure was 8 votes total, and quorum was achieved.
• CA yes votes listed: Amazon, ANF Autoridad de Certificacion, Buypass AS, Chunghwa Telecom, Cisco, Comodo, DigiCert, Disig a.s., Entrust Datacard, GlobalSign, GoDaddy, HARICA, Izenpe S.A., SwissSign AG, Symantec, Trustwave, and TurkTrust.
• Browser yes votes listed: Apple and Mozilla.

Main bylaw changes

• Section 2.2 was rewritten to set general ballot rules for all ballots, including Draft Guideline Ballots.
• The revised rules require:
  • Only votes by Members are accepted.
  • Only one vote per Member company is accepted.
  • A ballot needs two endorsements by other Members to proceed.
  • The discussion period must last at least 7 and no more than 14 calendar days before voting.
  • The voting period must last exactly 7 calendar days after discussion ends.
  • Votes must be submitted on the Public Mail List.
  • Only clear yes or no votes count toward adoption calculations.
  • Adoption requires two-thirds or more CA votes in favor, at least 50% plus one browser votes in favor, and at least one CA Member and one browser Member voting in favor.
  • A ballot result is valid only when more than half of currently active Members participate.
  • The Chair must tabulate and announce results within 3 business days after voting closes.
  • The Chair may delegate duties to the Vice Chair as needed.

Draft Guideline Ballot process

• A new Section 2.3 was added for Draft Guideline Ballots.
• The section applies to ballots proposing a Final Guideline or Final Maintenance Guideline.
• It requires:
  • The ballot to identify whether it proposes a Final Guideline or Final Maintenance Guideline.
  • Final Guideline proposals to include the full text of the draft guideline.
  • Final Maintenance Guideline proposals to include a redline or comparison against the current Final Guideline section(s).
  • A discussion period of at least 7 and no more than 14 calendar days.
  • A 7-day initial voting period.
  • The Chair to announce initial vote results within 3 business days.
  • If the initial vote passes, a Review Period of 30 or 60 days, as applicable under the IPR Policy, must begin no later than the 3rd business day after the initial vote announcement.
  • If no Exclusion Notices are filed during the Review Period, the initial vote becomes final and approved, and the draft guidelines become final guidelines or final maintenance guidelines.
  • If Exclusion Notices are filed, the initial vote is rescinded and deemed null and void, a PAG is formed, and further steps depend on whether the proposer and endorsers continue and whether changes are made.
  • If another ballot targets the same section before prior ballots are finally approved, the new ballot must reference the earlier ballot(s).

Bylaws interpretation

• A new Section 6.3 states that nothing in the Bylaws is intended to supersede or replace the IPR Policy.
• If there is a conflict between the Bylaws and the IPR Policy, the IPR Policy governs.
• The ballot itself also states that it does not supersede or replace the IPR Policy, and that the rest of the Bylaws remain in effect except as specifically provided.

Procedure and dates

• Discussion period: 17 Jan. 2017 to 24 Jan. 2017.
• Voting period: 24 Jan. 2017 to 31 Jan. 2017.
• The ballot page states that exact start and end times may be adjusted to comply with applicable Bylaws and IPR Agreement.
• The ballot page says the ballot was approved.
• The evidence does not explicitly state any IPR exclusion notices or a separate IPR review end date.