On Thursday, October 20, 2016 at 2:24:19 PM UTC-7, Florian Weimer wrote:
> 
> Does this requirement apply transitively sub-CAs of sub-CAs?
> 
> It may make sense to stress explicitly that the “technically
> constrained” refers to properties visible in the certificates
> themselves, not technical measures in the certificate issuance process
> (which I would consider organizational constraints, but opinions
> probably differ).

Good points. Updated draft...
~~
Subject: ACTION REQUIRED: Non-Disclosed non-technically-constrained 
Intermediate Certs

Dear Certification Authority,

You are receiving this email because our records indicate that there are 
non-technically-constrained intermediate certificates that chain up to your 
root certificates that are included in Mozilla’s program that have not been 
entered into the CA Community in Salesforce. Please complete this requirement 
by November 14, 2016. Soon after that date, Mozilla will begin discussions in 
the mozilla.dev.security.policy forum about action to take for any remaining 
non-disclosed non-technically-constrained intermediate certificates and the CAs 
who are responsible for those CA hierarchies.

The following was stated in Mozilla’s March 2016 CA Communication 
(https://wiki.mozilla.org/CA:Communications#March_2016):
Beginning with Version 2.1 of Mozilla's CA Certificate Policy, for any 
certificate which directly or transitively chains to the root certificates you 
currently have included in Mozilla's CA Certificate Program, which are capable 
of being used to issue new certificates, and which are not technically 
constrained as described in Section 9 of Mozilla's CA Certificate Inclusion 
Policy, you are required to provide public-facing documentation about the 
certificate verification requirements and annual public attestation of 
conformance to said requirements. This includes certificates owned by, operated 
by, or issued by third parties, whether or not those issuing certificates are 
already part of Mozilla's CA Certificate Program, if they have been 
cross-signed by a certificate that directly or transitively chains to your root 
certificate.
To facilitate this public disclosure, Mozilla is requiring that these 
certificates, as well as their CP/CPS and audit statements, be entered into 
Mozilla's CA Community in Salesforce. This includes the full PEM data of every 
intermediate certificate that directly or transitively chains to your included 
root certificates, provided that the root certificate is enabled with the 
Websites trust bit and the intermediate certificate is not Technically 
Constrained, as described in Section 9 of Mozilla's CA Certificate Inclusion 
Policy.
This also includes every variation of these certificates, in the event they 
were reissued, such as to change the contents of extensions or validity dates.

Please see https://wiki.mozilla.org/CA:SalesforceCommunity for information 
about which intermediate certificate data you are expected to enter into the CA 
Community in Salesforce, and instructions on how to do so.

In particular, CAs must add records to the CA Community in Salesforce for all 
certificates that are capable of being used to issue new certificates, and 
which directly or transitively chain to their certificate(s) included in 
Mozilla’s CA Certificate Program that are not Technically Constrained via 
Extended Key Usage and Name Constraint settings.

Intermediate certificates are considered to be technically constrained, and do 
not need to be added to the CA Community in Salesforce if:
- The intermediate certificate has the Extended Key Usage (EKU) extension and 
the EKU does not include any of these KeyPurposeIds: anyExtendedKeyUsage, 
id-kp-serverAuth; or
- The EKU extension in the intermediate certificate includes the 
anyExtendedKeyUsage or id-kp-serverAuth KeyPurposeIds, and the intermediate 
certificate includes the Name Constraints extension as described in section 
7.1.5 of the CA/Browser Forum's Baseline Requirements; or
- The root certificate is not enabled with the Websites trust bit.

Records should also be added to the CA Community in Salesforce for revoked 
certificates that were capable of being used to issue new certificates, and 
which directly or transitively chain to their certificate(s) included in 
Mozilla’s CA Certificate Program and were not Technically Constrained via 
Extended Key Usage and Name Constraint settings.

Regards,
Kathleen Wilson, Mozilla CA Program Manager
~~ 


> 
> What about sub-CAs with outdated published policies which do not meet
> Mozilla's requirements, but where the CA actually issues certificates
> according to an unpublished policy which is likely conforming to
> Mozilla's requirements?


I'm not sure what that question means.

Thanks,
Kathleen



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