RFC5280 says (emphasis mine)...
  "4.2.1.10.  Name Constraints
   The name constraints extension, which MUST be used only in a CA
   certificate, indicates a name space within which all subject names in
   *subsequent certificates in a certification path* MUST be located."

The Mozilla CA Policy says...
  "For a certificate to be considered technically constrained, the
   certificate MUST include an Extended Key Usage (EKU) extension
   specifying all extended key usages that the subordinate CA is
   authorized to issue certificates for...
   If the certificate includes the id-kp-serverAuth extended key usage,
   then the certificate MUST include the Name Constraints X.509v3
   extension with constraints on both dNSName and iPAddress."
(BRs Section 7.1.5 contains the same requirements)


Consider a certificate chain of this form:
  Root
    Intermediate 1 (contains Name Constraints / EKU)
      Intermediate 2 (does not contain Name Constraints / EKU)
        End-entity

In fact, here's a real example:
  Root: https://crt.sh/?id=1
    Intermediate 1: https://crt.sh/?id=1250505
      Intermediate 2: https://crt.sh/?id=1250506
        End-entity certs: https://crt.sh/?Identity=%25&iCAID=1188


As per RFC5280, certificate path processing software imposes Intermediate 1's name constraints upon Intermediate 2, because name constraints flow down to "subsequent certificates in a certification path".

Similarly, (IINM) NSS treats the EKU extension in an intermediate certificate as a constraint on the permitted EKUs in "subsequent certificates in a certification path". (This is arguably an abuse of RFC5280, but let's not revisit that argument yet again).


Since Intermediate 2 is effectively technically constrained, you might imagine that it should be exempt from the disclosure requirement. However, the "certificate MUST include...extension" language in both the Mozilla CA Policy and the BRs seems to clearly state that:
  - Intermediate 1 need not be disclosed.
  - Intermediate 2 MUST be disclosed.

Anyone disagree with my interpretation?

--
Rob Stradling
Senior Research & Development Scientist
COMODO - Creating Trust Online

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