Ryan Hurst wrote a blog post on this very topic not too long ago.  His 
conclusion was that determining, programmatically, the difference was 
difficult.  See http://unmitigatedrisk.com/?p=203.

This is mostly because there are some certs that still include a domain in the 
org field.  Requiring a BR OID serves two purposes - 1) the OID is a positive 
assertion to the browser by the CA that the cert was issued under the BRs and 
intended for SSL and 2) the OID identifies the sections relied on for 
validation.  The OID assists in auditing whether a CA is aware of its practices 
and how it is choosing to comply with the BRs.

Jeremy

-----Original Message-----
From: dev-security-policy 
[mailto:dev-security-policy-bounces+jeremy.rowley=digicert....@lists.mozilla.org]
 On Behalf Of Robin Alden
Sent: Wednesday, July 23, 2014 8:02 AM
To: 'Gervase Markham'; [email protected]; 
[email protected]
Subject: RE: [SPAM] Re: Proposal: Advocate to get Section 9.3.1 (Reserved 
Certificate Policy Identifiers) made mandatory.

> On 23/07/14 10:06, [email protected] wrote:
> > The status quo today means that it is not possible to discriminate 
> > programatically between a DV and OV certificate in a standardized, 
> > reliable way.
> 
Gerv said..
> This is because Mozilla's position is that, in security terms, there
is no
> relevant difference.
> 

That is not the reason.  
That may be a contributory reason to Mozilla not proposing or supporting the 
proposition of language to change the BR's 9.3.1 which result in it not being 
compulsory to include a mandated policy OID in a certificate which would 
identify it unequivocally as being a DV or an OV certificate, but it is not the 
definitive reason why the BRs do not mandate it.

If the BRs already mandated it I would not expect your opinion or your UI to 
change, but the OP's question would not have arisen as he would have easily 
programmatically been able to tell whether a certificate was OV or DV.

> > This is unreasonable as the validation and assurance on such 
> > certificates are very different.
> 
> They are different, but not in a way that is reasonably measurable and 
> auditable.
> 
<snip>
> 
> If a cert does not meet the EV standards for information validation,
we
> feel you cannot sufficiently trust the O field, and therefore from a 
> security perspective there is no difference between that certificate
and
> one where the O field is absent. Hence we make no UI distinction 
> between OV and DV.
> 
Whilst I disagree with your sentiment, in your UI (browser, certificate viewer, 
mail client, etc.) it's your game, so it's your rules.
The compulsory inclusion of a Policy Identifier OID in the certificate 
definitively stating DV or OV need not offend you, since you will probably 
continue to ignore it.

As to the issue which presumably ignited the thread in the first place, I think 
that for a non-EV BR compliant certificate you probably can distinguish 
programmatically between OV and DV.
According to section 9.2.4 of the BRs,
if the certificate subject contains an organizationName field and also contains 
one or both of (stateOrProvinceName and localityName) then it is an OV 
certificate.
If the certificate subject does not contain an organizationName field then it 
is an OV certificate.
This begs the question of whether the certificate is claiming to be an EV 
certificate or claiming to be BR compliant.

Regards
Robin Alden
Comodo
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