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Re: Liability for PCA's

1993-05-27 12:29:00
.> I would argue that the PCA policy statement accept no liability except
.> regarding performance of the policy.  The policy should then be as
.limited or > expansive as the PCA wishes.  As stated earlier, I cannot
.imagine the PCA > accepting any liability for subjects.

.Why in the world would anybody use a PCA which accepted no liability for
.its actions?

.It I am going to pay money to a PCA I expect something in return!

.- - -

.Does anybody know what liability a notary accepts now by sealing a
.document?

.How about you Mike Baum, I now your lurking out there somewhere.

.- - -

.Tom Jones - ViaCrypt div.  of Lemcom Sys

.dockmaster.ncsc.mil

Tom,

        Note that my statement does not say that the PCA would accept no
        liability, just that it couldn't reasonably be expected to accept
        liability for events beyond it's control.  Certainly a PCA would
        would be expected to avoid liability for the actions of subjects 
holding 
        certificates issued by CAs under that PCA !

        The question is not whether you would subscribe to a PCA 
      (as a candidate CA) but whether the PCA will accept you !
        If I were a PCA I would try to write a policy which would
        place as much of the burden of proof of performance on my
        subscribing CAs as possible.  I would certainly explicity
        reject liability for any action of the CA or it's subjects.
        To borrow your notary analogy ... the PCA is more like the
        issuer of the notary seal, the CA is like the notary.  When
        was the last time you remember an issuer of notary seals being
        held responsible for the activity of a notary ?  Isn't it rather
        for the notary to "prove" compliance with the issuer's requirements ?

        I don't remember any requirement to pay a PCA for services ...
        
        The PCA issues a policy, and certificates to CA's who agree to 
implement 
        that policy.  It is not clear that the PCA must adhere to the policy 
        that it's CAs must adhere to.

        I can imagine that a PCA might have a policy which requires CA's to 
        employ one set of identification procedures which the PCA itself does
        not use !

John



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