On Sun, May 31, 2015 at 6:43 PM, Ryan Sleevi <
ryan-mozdevsecpol...@sleevi.com> wrote:

> On Sat, May 30, 2015 2:47 pm, Brian Smith wrote:
> >  The main sticks that browsers have in enforcing their CA policies is the
> >  threat of removal. However, such a threat seem completely empty when
> >  removal means that essential government services become inaccessible and
> >  when the removal would likely lead to, at best, a protracted legal
> battle
> >  with the government--perhaps in a secret court.
>
> Ah, but if we're worried about protracted legal battles in secret courts,
> why aren't we worried about protracted legal battles in secret courts for
> inclusion requests? After all, if we were to deny any applicant, who knows
> what secret courts may summon the trust stores!
>

For what it's worth, I agree with Ryan's rebuttal. I definitely believe
government CAs respond to different incentives than commercial CAs, but we
can't go around living in total fear of the government doing any old
irrational or power-grabbing thing.

Governments, including the US government, manage political capital and
resources the same way other institutions do, and we should use real
precedent as a guide, rather than speculated muscle-flexing.


>  IIRC, in the past, we've seen CAs that lapse in compliance with Mozilla's
> >  CA policies and that have claimed they cannot do the work to become
> >  compliant again until new legislation has passed to authorize their
> >  budget.
> >  These episodes are mild examples show that government legislative
> >  processes
> >  already have a negative impact on government CAs' compliance with
> >  browsers'
> >  CA policies.
>
> I agree, this is the strongest argument against government CAs presented
> in this thread, and I wish this, rather than the musings of secret courts
> and "maybe impossibles", was the core of your argument.
>
> These arguments apply not just to government CAs (that may rely on
> external controls for financing, such as budgets, as you mention) but also
> to small commercial CAs (whose profit margins may be too thin to implement
> controls).
>
> The response to both should be the same - removal.
>

Completely agree.

-- Eric


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