Hi,
what I found interesting is that the leaks showed that the NSA attempts
to obtain the private keys for the real certificates. This means they
probably don't really like to use CA-signed separate certificates. I
think there are several reasons for that:

 - Using a different certificate can be detected (CertPatrol etc.), and
the NSA has been said to be *very* careful about not getting caught (I
think that was mentioned in an article by Bruce Schneier about how the
NSA infects its victims - computer-savvy people either get the worthless
publicly known exploits or not attacked at all due to the risk of detection)

 - Using fake certs requires an active attack. Unless a PFS ciphersuite
is used, the original key allows passive decryption - which is
attractive both because it can be done after capture, and because the
NSA might not have the ability to MitM everywhere.

 - Getting caught could have immense consequences for the CA and trust
in US companies, worse than what has happened so far. Unfortunately,
since many past CA compromise incidents had insufficient consequences,
I'm not sure if this would actually happen. This doubt is something we
need to fix, IMHO.

Any *demonstrated* collaboration of a CA should mean immediate yanking
of the root. Moreover, since such an event would likely be covered up,
I'd say that any misissued certificate where there is a *suspicion* of
collaboration by the CA should mean yanking the root. There should not
be need to prove collaboration as long as the misconduct itself is
proven. This would also motivate CAs to take their security seriously.

I think that preventively distrusting US CAs without any evidence is
pointless. I think it makes more sense to instill fear of inevitable
consequences in the CAs, motivating them not to cooperate with the NSA.

This also means that if a CA gets caught, e.g. due to coming Snowden
leaks, off with its root(s), with no further discussion, just 24 hours
of warning for web site admins to change certificates. This should be a
pre-agreed policy so it can be implemented quickly. This includes cases
where there is proof that *all* CAs collaborate (in which case, yank
them all).

Should concrete evidence surface that shows US CAs collaborating with
the NSA, without being able to pin it to a specific CA, *then* we should
talk about some massive root removal.

Kind regards,
Jan

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