On Monday, December 11, 2017 at 6:01:25 PM UTC-6, Ryan Sleevi wrote:

> > Not really - what matters is that the user insists they got had via a
> > phishing link or other process - that can certainly be verified after the
> > fact
> 
> 
> No.

Why's that?  This is how investigations begin.

> 
> - did someone steal their money in a sketchy way, but with apparent user
> > authorization?  Further, the user swears back and forth that the green bar
> > was there and they looked to see that it matched the site's name - their
> > bank, PayPal, etc.
> 
> 
> All users will swear this if it avoids liability. And let’s be honest, it’s
> actively hostile to users to say they bear liability if they don’t do this
> - for every click of the page.

I'm confused.  I never suggested that the user's assertion that they saw this 
would cause any change in liability.  In fact, anyone responsible would explain 
that to the user even as the user tries to report it.  The value would be that 
if the certificate that managed to sway the user can be found and tracked down 
(which should be possible via CT), the possibility exists that the person(s) 
responsible for the deception may ultimately be caused to suffer for their 
deception.

Real world contracts, business relationships, and statutes define who is 
responsible for what frauds and torts arise in engaging in commerce whether 
online or not.  EV status is not about shifting liability.

A significant value that EV does provide (or at least have strong potential to 
provide) is the ability of a user to assess the EV certificate and its most 
essential contents as one additional factor to rely upon in the calculus of 
whether or not to assume the risk of entering certain confidential data into 
the website they are visiting.

> 
>  All EV certs are CT logged, find the cert or homograph from there, track
> > to issuer and validation details, chase the entity document path, etc.

One should presume that if the EV presented certificate confused the user who 
relied upon it into thinking they were dealing with a particular party, that 
the contents should contain sequences or homograph sequences that closely 
mirror what the real site would indicate.

> 
> And of course ignoring all the innocent bystanders along the way - such as
> Ian, who has not phished Stripe users.

Security research is legitimate.  The people who created these entities and got 
these certificates are innocent of any crime.  What they are not is immune from 
reasonable investigation to show this.  If someone suggested tomorrow that an 
EV certificate caused that person to believe that they were at the Stripe site, 
it would be entirely reasonable for any law enforcement agency or investigator 
to track down these researchers and ask them to explain why they sought 
certificates and entity creation that seem engineered to deceive.  The matter 
should resolve when they show legitimate cause.  This doesn't mean that they 
should be given a free pass and ignored, if subsequently, someone phishes a 
Stripe customer by way of a look-alike entity and cert.
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