On Friday, November 24, 2017 at 6:07:44 AM UTC-6, Gervase Markham wrote:

> While I do not want to make this discussion entirely about specific
> people, as Mozilla's investigator of the issues at the time I am
> satisfied that WoSign's actions at the time were taken with full
> knowledge - that is, they were not due to incompetence. And those
> decisions were overseen and approved by individual(s) who still control
> WoSign/WoTrus.
> 
> Gerv

This is core issue that I believe makes any proposed inclusion or re-inclusion 
of WoTrus/WoSign/et.al _as it presently exists_ a non-starter.

I can not fathom that the community would or should tolerate the extension of 
trust to an organization being managed by an individual who has knowingly 
violated the requirements, conventions, and standards demanded by the community.

The rare exception set aside, an individual does not generally experience an 
overnight turn-around and incorporate a strict adherence to ethics and rules.

Mozilla has previously allowed as much as to say that WoSign/StartCom engaged 
in intentional deception during the course of the investigation.  You've now 
expressed confidence that the underlying actions in at least some of the 
violations were purposeful and performed while knowing that such actions were 
not in compliance.

All persons involved who had advance knowledge of the actions to be taken -- 
and of the impropriety of such actions -- in addition to the ability to stop 
those actions or ability to forewarn the community of those actions should be 
blacklisted as unfit for employment by any trusted CA.

I believe that with the current management and executive team in place, WoTrus 
is unfit for inclusion.

Modern society gives us plenty of other-than-CA examples of industries and 
functional roles within those industries in which the individuals are held to 
standards and the violations of those standards remove  that individuals' 
ability to continue within that function.  This is seen in both fully 
formalized rule making as well as in more informal contexts.

I offer up as just two examples among many possibles:

The various SEC rules disqualifying various "bad actors", convicted felons, etc 
from certain types of service in publicly traded corporations.  They similarly 
have rules barring those individuals from new securities offerings.

Less formally, look to cases such as the Wells Fargo fraudulent account opening 
debacle.  It is unlikely that Wells' CEO and upper management committed a crime 
in building an incentive structure which caused literally thousands of 
employees to engage in actual criminal frauds.  However, it was clear that the 
people of the US, the congress, and the various regulatory agencies were not 
content to leave the CEO and upper management which caused those actions to 
come about in place.  At no point was there a discussion of whether or not the 
Wells Fargo bank would continue.  There was always question of whether the 
leadership could continue.  Ultimately, their own board resolved the matter by 
ousting those who had to go.  It immediately reduced external animus toward the 
bank.

However uncomfortable the situation may be, I believe that the community and 
the root program must find a way to adopt a position vests trust with the 
executive and management team -- and pulls that trust appropriately.

I think it is not an uncontroversial position to suggest that Richard Wang 
should not have privileged access at any publicly trusted CA.

If that is truly uncontroversial, the rest of the decisions are just details to 
hammer out.

I can well imagine that the tough one is how to break that to the CA / proposed 
CA.  I can also imagine that the precedent set in doing so will have broader 
ramifications for the root program.

Nevertheless, WoTrus is (presumably) a commercial operation.  Whoever owns that 
organization bought or built it with an expectation of at least the possibility 
of commercial success (profit).  The organization's long term success requires 
inclusion in major root programs.

If that organization will never get such trust and inclusion regardless of 
technical prowess or audits -- while person X is in place -- the community and 
program owe it to the ownership to make that crystal clear.

Matt Hardeman

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