Policy-Discussion

[Duane <duane AT cacert.org>]

Iang wrote:

> http://wiki.cacert.org/wiki/Price
>
> Which answers the question -- Assurers are free
> to charge under any circumstances.  Is the fee
> written on the assurance form?

No, CAcert doesn't set/show fees or cost recovery on any forms for 
Assurances. Our policy has been that any fees or cost recovery charges 
can be charged as long as the person being charged is notified up front, 
either via the assurance lookup page, or email correspondence.

> > Of course problems start if I falsely assure someone because he 
> > presented a forged document. If I do this it was not a good job. But 
> > even then I might have chances to escape liability if the document had 
> > been forged "well enough".
>
>
> Good point.  Can we list out these cases?
>
>   1. forged document
>      + poor quality -- should have been picked up
>      + good quality -- unlikely to be picked up
>   2. did not follow procedure
>      + through error
>      + deliberately

The problem is with fake documents that aren't obviously fake, I guess 
banking staff are probably in the same situation here when someone opens 
an account with fraudulent documents, I think the banking sector can be 
looked at for solutions for a number of these border cases.

We have always stated that any one knowingly assuring someone falsely 
will be personally held liable.

> > IIRC german laws allow it that a company or other organisation covers 
> > (even gross) negligence for its employees/members, though you still 
> > are personally liable if you intentionally break something.

CAcert expressly doesn't cover gross negligence, since that would be 
kind of pointless for us to do so, since there is no stick then.

--

Best regards,
 Duane

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