On Tue, Sep 19, 2017 at 3:09 PM, Nick Lamb via dev-security-policy
<[email protected]> wrote:
> I have no doubt that this was obvious to people who have worked for a public 
> CA, but it wasn't obvious to me, so thank you for answering. I think these 
> answers give us good reason to be confident that a cross-signed certificate 
> in this situation would not be available to either end subscribers or 
> StartCom unless/ until the CA which cross-signed it wanted that to happen.
>
> It might still make sense for Mozilla to clarify that this isn't a good idea, 
> or even outright forbid it anyway, but I agree with your perspective that 
> this seemed permissible under the rules as you understood them and wasn't 
> obviously unreasonable.

I'm pretty sure it's already forbidden, since policy version 2.5
anyway (has effective date after the Certinomis shenanigans though):

"The CA with a certificate included in Mozilla’s root program MUST
disclose this information within a week of certificate creation, and
before any such subordinate CA is allowed to issue certificates."

2.5 added the "within a week of certificate creation" [1] . "Creation"
vs "My Safe", "Creation" wins.  :-)

[1] 
https://github.com/mozilla/pkipolicy/commit/b7d1b6c04458114fbe73fa3f146ad401235c2a1b
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