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Lesson 24 - Arbitration Case - CCA Violation

CCA Violations are mostly caused by not responding to Arbitration or Support requests, so therefore violating the obligation to keep the primary email address in a good working order.

In such a case, the case moves to an Administrative Delete Account, so therefore to be handled similar to a Delete my Account request.

Step 1 - Init Notification

Starting with an initial mailing with CCA / DRP acceptance request doesn't makes much sense, especially the user didn't responded onto another Arbitrators or Support-Engineers requests.

To give the user a formal right to respond, the initial mailing has to be turned into an initial notification, giving the user a 2 weeks deadline to respond. Without any response from the user, the case should enter the running state and be processed.

Step 2 - Further Investigations

If there is a NDR received or deadline passed, Arbitrator should send a request to (Support) to list all secondary email addresses. The init notification should be resend to these secondary email addresses. Another solution might be, if the user seems to be the owner of his own domain (name is part of the DNS domain name), Arbitrator can try to investigate for a website and the legal info or contact page that might list a contact address. If this all ends with 0 results, the case can move to the next process step.

Step 3 - Move to Administrative Delete Account

So starting processing, Arbitrator has to discover if the user is an Assurer or not. Depending on the result, the case has to move to be handled similar to a Delete my Account request of a Non-Assurer -or- to a Delete my Account request Is-Assurer

A similar case has been handled under: a20091124.1

Init mailing with Deadline set

  1. Send notification to (C), (R) (Arbitration starts)
    • Dear <respondent>, <claimant>,
      We've received a dispute filing request dated 20##-##-## regarding CCA violations by user <respondents-name> (here referred as respondent). If this is in error (e.g. mail never received), please respond to this notification within 14 days until <deadline set>, otherwise this case will enter the running state and an Administrative Delete Account process will start automatically.
      I'll take this case as Case Manager <name case manager> (<email case manager>).
      The Arbitrator is <name arbitrator> (<email arbitrator>), the case number is <a case number>. 
      The status of the case is recorded at [1]. If you notice any missing or wrong information there feel free to provide us your point of view on it.
      Like every case this also is opened by some formalities:
        1. Please reply to this email and confirm that you accept the
           Arbitration under the CAcert Community Agreement [2] and the
           Dispute Resolution Policy [3].
        2. The governing law will be that of NSW, Australia. It is possible
           to request a change of law, but it is unlikely to be helpful in
           this case.
        3. You each need to notify me if you are seeking legal counsel (a
           lawyer). This is not recommended. Rather, if you feel the need for
           help, I can ask an experienced Assurer to assist you.
      Finally, please remember: this forum is about sorting out our common 
      difficulties and improving our ability to secure ourselves. Unlike other 
      forums, I ask you to maintain a positive and helpful spirit at all times!
      The proceedings of the Arbitration have to be in English. If you have troubles 
      expressing yourself in English we can try to find a translator for you.
      CM's or A's  signature
      [1]<case number>
      [2]  CAcert Community Agreement
      [3]   Dispute Resolution Policy

If the user responds ...

... Arbitrator can rule an advise to the member ...

see Lesson 53 - Advice: CCA violation (primary email)


Eva: I'm a little bit confused about the difference between Init Mailing and Init Notification according to step 1 and the proposed init notification mail. Step 1 states that it does not make much sense to ask the member for CCA/DRP acceptance while the mail explicitely asks for this.



Arbitrations/Training/Lesson24 (last edited 2014-03-21 11:13:49 by EvaStöwe)