Let me try that again since I didn't explain my original post very well. 
Totally worth it since I got a sweet Yu-gi-oh reference out of fit. 

What happened at DigiCert is that the OCSP service failed to return a signed 
response for a certificate where a pre-certificate existed by a certificate had 
not issued for whatever reason. The question asked was what type of OCSP 
services are required for a pre-cert if there is no other certificate. The 
answer we came up with is it should respond "GOOD" based on the Mozilla policy, 
not Unknown or any other response. Note that this was a bug in the DigiCert 
system but it lead to a fun internal discussion. What I'm sharing is the 
outcome of the internal discussion - it's only tangentially related to the bug, 
not the cause or remediation of it.

Summary: Pre-certs require a standard OCSP response as if the pre-cert was a 
normal cert. In fact, it's a mistake to ever think of pre-certs as anything 
other than TLS certs, even if the poison extension exists.

The question comes up because the BRs don't cover pre-certs. However, as Ryan 
points out, the browsers sort-of cover this as does the Mozilla policy. The 
browser say this is a promise to issue the cert and mis-issuance of a pre-cert 
is the same as mis-issuance of a cert. Although this isn't mis-issuance in the 
traditional profile sense, the lack of OCSP services for the pre-cert is a 
violation of the Mozilla policy. I couldn't figure out if it's a violation of 
the Chrome policy since Chrome says it's a promise to issue a cert. If the cert 
hasn't issued, then I'm not sure where that puts the OCSP service for Chrome. 
Regardless, according to Mozilla's policy, the requirement is that regardless 
of how long the cert takes to issue, the CA must provide OCSP services for the 
pre-cert. The reason is Mozilla requires an OCSP for each end-entity 
certificate listing an AIA in the certificate. Pre-certs are end-entity 
certificates.
 
Jeremy

-----Original Message-----
From: dev-security-policy <dev-security-policy-boun...@lists.mozilla.org> On 
Behalf Of Jeremy Rowley via dev-security-policy
Sent: Thursday, August 29, 2019 11:55 AM
To: Peter Bowen <pzbo...@gmail.com>; Ryan Sleevi <r...@sleevi.com>
Cc: Curt Spann <csp...@apple.com>; mozilla-dev-security-pol...@lists.mozilla.org
Subject: Re: DigiCert OCSP services returns 1 byte

Yes. That was the point of my post. There is a requirement fo return an ocsp 
repsonse for a pre cert where the cert hasn't issued because of the Mozilla 
policy. Hence our failure was a Mozilla policy violation even if no practical 
system can use the response because no actual cert (without a posion extension) 
exists.
________________________________
From: Peter Bowen <pzbo...@gmail.com>
Sent: Thursday, August 29, 2019 11:44:11 AM
To: Ryan Sleevi <r...@sleevi.com>
Cc: Jeremy Rowley <jeremy.row...@digicert.com>; Curt Spann <csp...@apple.com>; 
mozilla-dev-security-pol...@lists.mozilla.org 
<mozilla-dev-security-pol...@lists.mozilla.org>
Subject: Re: DigiCert OCSP services returns 1 byte



On Thu, Aug 29, 2019 at 10:38 AM Ryan Sleevi via dev-security-policy 
<dev-security-policy@lists.mozilla.org<mailto:dev-security-policy@lists.mozilla.org>>
 wrote:
On Thu, Aug 29, 2019 at 1:15 PM Jeremy Rowley via dev-security-policy < 
dev-security-policy@lists.mozilla.org<mailto:dev-security-policy@lists.mozilla.org>>
 wrote:

> Thanks for posting this Curt.  We investigated and posted an incident 
> report on Bugzilla. The root cause was related to pre-certs and an 
> error in generating certificates for them. We're fixing the issue 
> (should be done shortly).  I figured it'd be good to document here why 
> pre-certs fall under the requirement so there's no confusion for other CAs.
>

Oh, Jeremy, you were going so well on the bug, but now you've activated my trap 
card (since you love the memes :) )

It's been repeatedly documented every time a CA tries to make this argument.

Would you suggest we remove that from the BRs? I'm wholly supportive of this, 
since it's known I was not a fan of adding it to the BRs for precisely this 
sort of creative interpretation. I believe you're now the ... fourth... CA 
that's tried to skate on this?

Multiple root programs have clarified: The existence of a pre-certificate is 
seen as a binding committment, for purposes of policy, by that CA, that it will 
or has issued an equivalent certificate.

Is there a requirement that a CA return a valid OCSP response for a pre-cert if 
they have not yet issued the equivalent certificate?

Is there a requirement that a CA return a valid OCSP response for a serial 
number that has never been assigned?  I know of several OCSP responders that 
return a HTTP error in this case.

Thanks,
Peter
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