Arbitrations/a20110308.1

Case Number: a20110308.1
Status: Closed
Claimants: Marek M
Respondents: CAcert
Case Manager: BernhardFröhlich
Arbitrator: UlrichSchroeter
Date of arbitration start: 2011-03-10
Date of ruling: 2011-03-23
Case closed: 2011-03-23
Complaint: Removing Account
Relief: TBD

Before: Arbitrator UlrichSchroeter (A), Respondent: CAcert (R), Claimant: Marek M (C), Case: a20110308.1

History Log

2011-03-08 (issue.c.o) case [<ticketing system casenumber>]
2011-03-09 (A): added to wiki, request for CM / A
2011-03-09 (CM): I'll take care about this case as (CM)
2011-03-09 (A): I'll take care about this case as (A)
2011-03-09 (A): sent init mailing with CCA/DRP acceptance request to (C). There exists evidence that this case moves to account cleanup or name modification request.
2011-03-10 (C): accepts formalities
2011-03-11 (A): request for info about secondary account to (C)
2011-03-11 (A): request to (Support) for account infos about (C)'s primary account (accnt#1)
2011-03-11 (A): request to (C) for clarification of irc nick from within last 10 days on CAcert irc
2011-03-11 (C): sends infos about accnt#1 and accnt#2
2011-03-11 (C): confirms irc nick, wants still be member
2011-03-11 (A): requesting account infos for accnt#1 and accnt#2 from (C)
2011-03-11 (A): request to (Support) for account infos about (C)'s secondary account (accnt#2)
2011-03-11 (C): sends requested infos about accnt#1 and accnt#2
2011-03-11 (A): further details request
2011-03-11 (C): response to details request, problem: cannot assure others
2011-03-11 (A): clarification to: a) delete accnt#1, b) add Middlename
2011-03-11 (A): further details request about "cannot assure others" problem
2011-03-11 (C): sends further details infos about "cannot assure others" problem
2011-03-11 (A): answer to "cannot assure others" problem, info given in IRC is not complete, there are other name change methods around w/o removal of assurances
2011-03-11 (C): summarizes the relief: delete accnt#1, add 2nd Givenname onto accnt#2
2011-03-11 (A): Intermediate Ruling + Exec Request sent to (C), (Support)
2011-03-11 (Support): [s20110311.1] reports info about accnt#1
2011-03-11 (Support): [s20110311.3] reports info about accnt#2
2011-03-11 (A): requesting from (AS1), (AS2), (AS3), (AS4), (AS5), (AS6), (C)'s 2nd Givenname on their CAPs
2011-03-11 (A): resending Intermediate Ruling + Exec Request sent to (Support) (Support was missing in recipients list of first Exec Req)
2011-03-11 (AS6): confirms 2nd Givenname
2011-03-11 (Support): [s20110311.51] Exec Report to Intermediate Ruling + Exec Req.
2011-03-11 (A): exec report following Intermediate Ruling to (C)
2011-03-14 (AS2): responded, does not have the CAP form at hand, will answer later
2011-03-14 (AS2): responded, in my CAP which is located in my records isn't a second Givenname noted. I have to state, that I have forgotten to note the second Givenname.
2011-03-15 (AS4): I've no note about a 2nd Givenname.
2011-03-16 (AS1): has no 2nd Givenname on CAP
2011-03-18 (C): contacts (A) in irc channel, has another (Assurer): please sending email to (A), (AS7)
2011-03-18 (C): sending contact info about (AS7)
2011-03-18 (A): contacting (AS7), request for CAP form scan
2011-03-18 (A); reminder to (AS3), (AS5) (requesting 2nd Givenname of (C))
2011-03-18 (AS3): 1st response, will have a look onto the CAP today evening
2011-03-19 (AS7): confirms 2nd Givenname
2011-03-19 (A): quick reminder to (AS3)
2011-03-20 (AS3): Sorry, I didn't notice any other name
2011-03-22 (AS5): spelling 2nd givenname from CAP via phone to (A)
2011-03-22 (A): sending email with spelled 2nd givenname of (C) to (AS5) for confirmation
2011-03-23 (AS5): confirms 2nd givenname

Original Dispute, Discovery (Private Part)

Link to Arbitration case a20110308.1 (Private Part)

EOT Private Part

Discovery

problems with diacritical polish letters a20110119.1, transitions are usable
(C) want's accnt#1 removed to use email addr from accnt#1 under accnt#2
further: (C) want's his name changed on accnt#2 to add 2nd Givenname, w/ transition of diacritical polish letter
Cannot assure someone problem relates to a wrong accusation of another name change method w/o Arbitration by using the revoke assurance method until the user account has 0 pts, name to correct, and re-apply assurances
email to transfer thru manual delete account procedure by SE's v2, so PII is removed on old account
delete account procedure w/o CCA termination. if there are certs issued, account can be identified. with the old account the arbitration case number can be identified and therefor the user can be identified. so certs handling needs no special ruling.

Discovery I process ends with 2 reliefs:

delete account #1 (this can be handled now -> Intermediate Ruling)
add 2nd Givenname to account #2 (this needs to be handled in final ruling, after Discovery II process)

Intermediate Ruling

Support should execute earlier requests about account infos first.
Support should hijack users old account and should execute the Delete My Account procedure for SE's v2 in full, especialy:
- replace primary email address with arbitration number mask
- delete former primary email address from the account
- delete existing domains
- notify arbitrator about existing certs and their latest expire date (if exists): Client Certs, Server Certs, GPG/PGP keys
- delete existing certs
- last action, to delete the account
As the user still continues to be a member, there is no CCA termination date to calculate.

Frankfurt/Main, 2011-03-11

Discovery II

Assurances Received:

Assurer	Assurers Name	Confirmant to Name Change Request
AS1	Jochen K	{-}
AS2	Marc-Oliver H	{-}
AS3	Christoph K	{-}
AS4	Michael K	{-}
AS5	Dirk A	{+}
AS6	Piotr S	{+}
AS7	Marcin D	{+}

Ruling

The ruling has to handle two issues as found in dicovery process:

delete account #1
add 2nd Givenname to account #2

Part I

The first part has been handled thru intermediate ruling dated 2011-03-11
This has been processed in the meanwhile thru (Support)
(C) could use this account in the meanwhile
No further actions here.

Part II

there was no malfeasance of an type alleged or found
from the general rule 'you can reduce information but never increase information', (C)'s name change request needs confirmation by at least two experienced Assurers, to bring the users account to at least 50 Assurance points. This did happen with one experienced and two unexperienced Assurers. So here I order (Support) to add (C)'s Middlename onto his online account as requested. As (C)'s Middlename includes a diacritical polish letter, (C) has been adviced about potential problems with a diacritical polish letter in his online account, (C) requested to add the Middlename w/o diacritical polish letter.
AP 2.1. The Member's Name (strict rules) defines "The Name should be recorded as written in a government-issued photo identity document (ID).". Despite the fact, this is softened by the next paragraph of variations, Assurers should follow for evidence gathering all names they've read in an users IDdoc. So this means, also if the Assuree presents the Assurer a pre-printed CAP form, the Assurer should note all names onto the CAP form, so on later name change requests, an Arbitrator can gather the evidence in adding eg missing Middlenames. This hasn't been followed by the first four Assurers. All of them are not yet experienced Assurers. So I hereby order, that they should get an advise on evidence gathering in an Assurance process following the policy Principles of the Community x. Training
CPS 3.1.1. "Types of names - CN= The common name takes its value from one of: ... * For individual Members, a Name of the Subscriber, as Assured under AP" isn't effected by this ruling as user can create certificates that has the Givenname (as current) and also Givenname + Middlename in it.
By revoking the Assurances received from Assurers 1-4 (C) will loose his Assurer state as of missing 45 points. This is unacceptable for the user, who waits about half a year to meet with Assurers for receiving Assurances. So therefor I take no further action here. The evidence about the name change request has been brought by the last 3 Assurers.

Frankfurt/Main, 2011-03-23

Execution

2011-03-23 (A): sending ruling to (C), (AS1), (AS2), (AS3), (AS4)
2011-03-23 (A): Exec order request to (Support) to add (C)'s Middlename transliterated (w/o diacritical polish letter) onto his account
2011-03-23 (A): sending Assurers Advice "Evidence Gathering" to (AS1), (AS2), (AS3), (AS4)
2011-03-23 (Support): [s20110323.16] I executed the ruling and added the Middlename to the users account.
2011-03-23 (A): exec report to (C), (Assurers). Case closed.

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