* Case Number: a20100906.1
  * Status: closed
  * Claimants: Joel S
  * Respondents: CAcert
  * Case Manager: BernhardFröhlich
  * Arbitrator: UlrichSchroeter
  * Date of arbitration start: 2010-09-07
  * Date of ruling: 2010-10-12
  * Case closed: 2010-10-16
  * Complaint: Correction in the spelling of my first name, account contains "Joël", but ID docs contain "Joel" (Joel S)

  * Relief: TBD

Before: Arbitrator UlrichSchroeter (A), Respondent: CAcert (R), Claimant: Joel S (C), Case: a20100906.1


== History Log ==
 . 2010-09-06 (issue.c.o) case [s20100906.163]
 . 2010-09-07 (UlrichSchroeter): added to wiki, request for CM / A
 . 2010-09-07 (A): I'll take care about this case if nobody objects
 . 2010-09-07 (CM): Count me in as Case Manager
 . 2010-09-07 (A): init mailing sent with CCA / DRP request to (C)
 . 2010-09-07 (C): accepts CCA / DRP
 . 2010-09-07 (A): requests from (Support) list of Assurances rcvd from user (C)
 . 2010-09-07 (Support): [s20100907.138] sends list with 25 assurances rcvd, and 15 assurances given, all before May 2008
 . 2010-09-08 (A): requesting ID doxs infos from (C)
 . 2010-09-08 (A): ask (Support) for !IsAssurer state and CATS records by (C)
 . 2010-09-08 (C): sent IDdoxs scans to (A)
 . 2010-09-09 (Support): [s20100907.181] sent response to (A) with users Assurers state
 . 2010-09-10 (CM): note: addtl. 5 assurance points added by a former boardmember
 . 2010-09-11 (A): invites (C) to receive 2 new assurances
 . 2010-09-12 (A): CM, please try to also contact the Assurers of (C) if they can provide any information.
 . 2010-09-13 (C) replies that currently no Assurers are situated close to him
 . 2010-09-13 (CM): Sent request for Assistence to Assurers which have assured C.
 . 2010-09-14 (CM): Of 19 contacted Assurers 9 replied within a day! One explicitly confirms C's claim, the others cannot give a reliable statement.
 . 2010-09-15 (CM): 2 more replies rcvd from Assurers
 . 2010-09-22 (A): (CM) please contact 6 assurers again, who responded in the first run, to check deeper in their paperwork
 . 2010-09-22 (A): resend email to (AS16), first try caused a NDR
 . 2010-10-09 (A): no NDR, no response from (AS16)
 . 2010-10-09 (A): send either CAP form scan or written name on CAP by CARS statement request to (AS01), (AS02), (AS06), (AS11), (AS13), (AS14)


== Discovery ==
 * there was no malfeasance of an type alleged or found
 * the rules regarding names have been in flux since then claimant became a member
 * from the general rule 'you can reduce information but never increase information' the transliteration from an Umlaut in the account name doesn't conflict with other assurances made
 * name rules have been communicated to the Assurers starting with ATE's in 2009, so about June / July 2009. Assurances received are all before May 2008
 * [s20100907.138] remark: And a discrepancy in the accumulated points. How does one gain 135 points? You'd think after 100 all increases would end up even instead of odd.
 * last assurances received and given: before May 2008
 * two current IDdoxs presents 'Joel', IDdoxs issued: Passport: 2008-08-01, IDcard: 2008-07-29, so prev ID doxs have been used in assurances
 * discrepancy in the accumulated points: 5 extra points relates to an assurunce of a former boardmember. With boardmember flag set, software allows adding of assurance points ignoring the limit of 100 assurance points on an account
 || Assurer || Assurers Name || Response || Conforms to Name Change Req ^1^ || Remarks ||
 || AS01 || Frédéric P || {+} || {+} ^2^ || r {+} ||
 || AS02 || Jorrit W   || {+} || {0} || r {0} ||
 || AS03 || Mark O   || {+} || {+} ^2^ || ||
 || AS04 || Christian H || || || ||
 || AS05 || Johan B    || {+} || {+} ^2^ || ||
 || AS06 || Christophe B || {+} || {0} || r {0} ||
 || AS07 || Andreas O  || || || ||
 || AS08 || Matthijs M || || || ||
 || AS09 || Achilleas K || {+} || {+} ^2^ || ||
 || AS10 || Cédric M   || || || ||
 || AS11 || Roland S   || {+} || {+} ^2^ || r {+} ||
 || AS12 || Antoine L  || || || ||
 || AS13 || Mike H     || {+} || {0} || r {0} ||
 || AS14 || Lars S     || {+} || {0} || r {0} ||
 || AS15 || Rémy R     || || || ||
 || AS16 || Raphael B  || || || NDR, 2nd try no NDR ||
 || AS17 || Thomas R   || || || ||
 || AS18 || Thomas B   || || || ||
 || AS19 || Olivier B  || {+} || {+} ^3^ || ||
  . ^1^ incl 8bit to 7bit transliteration
  . ^2^ pre-printed CAP form, no direct confirmation, but transliteration possible
  . ^3^ taken note, without the diacritical mark

 * effected AP related paragraphs
  * 2.1. The Member's Name  (strict rules)
   {{{
At least one individual Name is recorded in the Member's CAcert login account. The general standard of a Name is:

    * The Name should be recorded as written in a government-issued photo identity document (ID).
    * The Name should be recorded as completely as possible. That is, including all middle names, any titles and extensions, without abbreviations, and without transliteration of characters.
    * The Name is recorded as a string of characters, encoded in unicode transformation format.
}}}
  * 2.2. Multiple Names and variations (relaxed rules)
   {{{
In order to handle the contradictions in the above general standard, a Member may record multiple Names or multiple variations of a Name in her CAcert online Account. Examples of variations include married names, variations of initials of first or middle names, abbreviations of a first name, different language or country variations, and transliterations of characters in a name. 
}}}
 * Timeline of Policy Descisions and Motions (regarding Assurance Policy)
  * [2008-07-12] [[PolicyDecisions#p20080712.1_Assurance_Policy|p20080712.1]] Assurance Policy
   . Proposal for Assurance Policy to move from WIP to DRAFT status.
   . Votes: 9 Ayes, 1 Nay, 4 Abstentions.

  * [2009-01-05] [[PolicyDecisions#p20090105.2_Assurance_Policy_status:_POLICY|p20090105.2]] Assurance Policy status: POLICY
   . Proposal to accept Assurance Policy as POLICY has been voted on. Votes ended 24th of December 2008.
   . AYE: 5 - Nay: 0
   . (AP is now on main website.)

  * [2009-09-12] [[https://community.cacert.org/board/motions.php?motion=m20090912.1|m20090912.1]] - m20090912.1
   . Approved 2009-09-20 00:00:03 UTC m20090912.1
   . Assurance under Assurance Policy only
   . Resolved, that this committee, officers and all Assurers are charged to
   . ensure that all assurance follows Assurance Policy, made binding DRAFT
   . p20080712.1 and POLICY p20090105.2.
   . Further resolved, to cease all assurance activity outside Assurance
   . Policy.  Old programmes not as yet translated into the new Assurance Policy
   . regime of subsidiary policies include:
   . - super-assurance
   . - TVerify
   . - assurances by and of Juniors
   . - TTP
   . These are to cease immediately, and be only restarted when the appropriate
   . subsidiary policy under AP is passed into DRAFT by policy group.

   . This committee notes with concern that any assurance conducted outside AP
   . (after its passing into binding DRAFT) is subject to reversal and worse by
   . the Arbitrator.
   . Due: 2009-09-19 23:59:59 UTC
   . Proposed: Ian Grigg (2009-09-12 13:44:44 UTC)
   . Vote type: veto
   . Aye|Naye|Abstain: 5|0|0

  * [2009-09-14] [[https://community.cacert.org/board/motions.php?motion=m20090914.2|m20090914.2]] - Confirm Motion m20090912.1

  * [2009-09-28] [[https://community.cacert.org/board/motions.php?motion=m20090928.1|m20090928.1]] - Tverify continues till Nov 16, 2009
   . Approved 2009-10-06 00:00:02 UTC m20090928.1
   . Run Tverify as-is until End Of Life 20091116
   . Aye|Naye|Abstain: 6|1|0
 * AP push to Community at events [[http://www.fosdem.org/2009/|Fosdem Brussels 2009-02-08]] and [[events/CeBit2009|Cebit 2009-03-03 - 2009-03-08]] and Auditor Spring Tour (ATEs) 2009
 * [2010-02-28] First ruling in Arbitration case [[Arbitrations/a20090618.12|a20090618.12]] Ruling accepts a common short name in the account

== Ruling ==
 * The name change request is a request for correction of a transliteration error in name from 8bit diacritical mark into a name w/o diacritical mark
 * The request was initiated by the user itself.
 * The request can be confirmed by one IDdoc scan sent by (C), and has been confirmed by at least one Assurer who assured (C) in the past
 * The request is in conformance to all simple name rules (reduce informations allowed, transliteration 8bit to 7bit allowed) based on AP 2.1 and AP 2.2
 * The Assurance statement doesn't fully apply to this case, as all Assurances were made before May 2008, before AP has been pushed out to the Community and practicle solutions to add CCA agreement into an Assurance statement has been fixed in March 2009 first. Despite this fact, (C) has accepted CCA / DRP under this arbitration case so Assurance statement can be confirmed lately thru this Arbitration initiation. 
 * Name rules are in flux since AP has been moved to DRAFT 2008-07-12 and status POLICY dated 2009-01-05
  * AP push to Community started around February 2009
  * By pushing AP to Community, first strict name rules have been pushed into Community, this results in about 50-100 Arbitration cases in 2009 regarding name change requests
  * [2010-02-28] was the date, first ruling in Arbitration case [[Arbitrations/a20090618.12|a20090618.12]] Ruling accepts a common short name in the account, marks a sea shift in rules about name exceptions
  * This started a move in Assurance Area regarding "strict" names vs. "exceptions" on names based on the relation to "Assurance Statement" definition from AP 1.1 (5 finger rule)
  * So this opens the view how names should be handled, simplified by the comment under [[Assurance/PracticeOnIdChecking|Practice On ID Checking]]
   . "Hence, the Assurance Statement goes some distance to detune or soften the need for pure identity documents ... as long as we can reliably get the guy to Arbitration, the precise Name and Documents matter less."
 * One Assurer states: "Generally in France it is accepted to write the names with or without the diacritical caracters, so Joel is completely equivalent to Joël. I may have accepted his name like that.". This shifts some light onto this case, that the exact name doesn't matter in the culture (C) cames from, that way it conflicts with AP 2.1 strict definition but AP 2.2 allows it (transliteration, language and country variations)
 * so I state that there was no malfeasance of an type alleged or found at no time
  * Assurers who did assure (C) in the past are today in compliance to the current rules AP 1.1, 2.1, 2.2
  * so there is nothing to rule over the Assurers who assured (C)
 * and I order Support, to follow (C)'s request to change the givenname as requested.

Frankfurt/Main, 2010-10-12

== Execution ==
 * 2010-10-12 (A): sent ruling to (C), (CM), (Support)
 * 2010-10-12 (A): execution order request sent to (Support)
 * 2010-10-12 (A): response to (AS06), (AS13) about delayed outstanding requests, not any longer needed
 * 2010-10-16 (Support): [s20101012.3] the name change has been executed as requested by your arbitration ruling
 * 2010-10-16 (A): notification to (C), (CM), case closed

== Similiar Cases ==
|| [[Arbitrations/a20090618.12|a20090618.12]] || [[Arbitrations/a20090618.12|User not registered under full name]] ||
|| [[Arbitrations/a20091111.1|a20091111.1]] || [[Arbitrations/a20091111.1|Member requests name change after marriage]] ||
|| [[Arbitrations/a20090619.1|a20090619.1]] || [[Arbitrations/a20090619.1|Correction of Givenname in his Account]] ||
|| [[Arbitrations/a20090823.1|a20090823.1]] || [[Arbitrations/a20090823.1|Assurance with an additional Suffix]] ||

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 . CategoryArbitration
 . CategoryArbCaseAccountDataNameModificationsRequested