Gerv wrote, 
"Counter-question to many of these: who defines what is malware, and who
made them king?"

The contract that the CA enters into with the  subscriber should have done
that.  

Subscriber Agreements should have language in them that says something to
the effect, "We can revoke your certificate if you are [insert bad behavior]
as we determine [insert evidentiary standard or threshold]."  (The
evidentiary standard might be "as we reasonably believe", "as we determine
in our sole discretion", etc.)

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