- Case Number: a20080602.1
- Status: closed
- Claimants: Bernhard Fröhlich
- Respondents: Michael Helmut Messner
- Complaint: 100 point assurances with second first name and current ID's (passport/driver license) do not show second first name.
- Case Manager: Lambert Hofstra
- Arbitrator: Lambert Hofstra
- Date of arbitration: 20090524
Bernhard claimed : I checked his ID's at assurance, on the website his name is given as "Michael Helmut Messner" (with second first name). The name on his ID's do not show his second first name "Helmut". His account already got 100 points issued. Michael claims the second first name is appearing on birth certificate but Michael does not use this second first name in practice.
- A: It has come to my attention that Claimant is a member of the private cacert-arbitration mailing list, and thus, as a party to this arbitration, To make sure all involved parties in this dispute have equal access to information discussed on this list I hereby rule that I will copy all relevant information on this list regarding the case to Respondent.
- A: Respondent confirms the following:
- the account was created with all official names, including a middle name that is on his birth certificate.
- the official photo ID's used for the assurance (passport and drivers license) do not include the middle name.
- Respondent has never brought his birth certificate to an assurance.
- none of the assurers at the time had an issue with the middle name not present on the presented ID's.
- A: I have asked the names of the assurers, and sent all of them an email requesting details of the assurance. I received 3 replies:
Assurer (10 points): I remember that I asured Michael Messner at the Fliegerbraeu in Feldkirchen. He showed me his drivers-licence and his passport, but I do not remember if there was any middle name on this documents.
Assurer (10 points): To my shame I must admit that I cannot tell with 100% confidence if the second first name was on the IDs shown or not. Michael brought a identity verification form with him, which I have present right now, where his name "Michael Helmut Messner", his birthdate and e-mail address was prefilled (not by hand, but by computer). I checked the IDs and they seemed for all like normal valid documents, the photo was definitely him. The birthdate, his first and last name matched for sure. Otherwise I really wouldn't have signed the assurance. But the second first name is that unimportant around my culture, I just can't say for sure if I payed attention to it.
Assurer (30 points): Passport and driving license stated: Michael Messner. On his Applicant's Statement he is called Michael Helmut Messner. I thought the second name isn't usually on IDs and I might have done a mistake there.
- A: Currently Respondent has 100 assurance points. At the time of filing this dispute Respondent had 26 Experience points. At 2009-01-04 Respondent has 40 experience points.
Bernhard claimed : member has 100 point assurances with second first name and current ID's (passport/driver license) do not show second first name.
Question: What was the policy at the time of assurance?
Answer: R was assured between February and April 2008 and received 100 points during that time frame. At that time this was not forbidden: no formal policy was available and accepted at the time of the assurances, that was clear enough on this matter.
I rule that the assurance of R by his assurers is valid, no harm was done.
However: Now that the Assurance Policy (including Assurer Handbook) was moved to DRAFT on July 2008 (P20080712) it applies to all new assurances. This includes the Practice on Names: http://wiki.cacert.org/wiki/PracticeOnNames
It will be difficult to explain to new members that the account of the assurer is not compliant with the existing rules on names. To solve this for new assurances made by R, he can either
- bring his Birth Certificate (so he has an official ID stating his middle name)
- request a change in his account and have his middle name removed
R has informed me he prefers not to bring his Birth Certificate, and would like to change his account to match the current name policy.
Since R is already an assurer, changing the name of the account is not possible through the normal method (revoking assurances) because of the impact this would have on previous assurances done by R.
Multiple members that assured R confirm that first and last name of R are correct and on the various ID's.
I therefore rule that Support will modify the account of R and remove the middle name ("Helmut") from this account.
- 20090526: Support has changed the account, case closed