As an initial edit, I am proposing that we add the following language as a
new subsection 6 to MRSP section 2.1 - "[CAs SHALL] provide services on a
non-discriminatory basis to all applicants who meet the requirements and
agree to abide by their obligations as specified in the CA's terms and
conditions".  See
https://github.com/BenWilson-Mozilla/pkipolicy/commit/fab61408608feed365a9446ac47560a34c06cf85


On Thu, Oct 7, 2021 at 6:06 PM Ben Wilson <[email protected]> wrote:

> All,
>
> This email is the first in a series of discussions concerning the next
> version of the Mozilla Root Store Policy (MSRP), version 2.8, to be
> published in 2022. (See https://github.com/mozilla/pkipolicy/labels/2.8)
>
> Issue #129 <https://github.com/mozilla/pkipolicy/issues/129> in GitHub
> proposes that we add a policy of non-discrimination to the MRSP.
>
> This particular issue arose from discussions of whether CAs should be
> allowed to arbitrarily refuse to issue or to revoke certificates. (The
> situation involved an EV certificate for Stripe, Inc., of Kentucky,
> https://groups.google.com/g/mozilla.dev.security.policy/c/NjMmyA6MxN0/m/asxTGD3dCAAJ).
> Many of you argued that CAs should objectively and non-arbitrarily apply
> the issuance and revocation standards of the CA/Browser Forum. The full
> discussion can be read in the email thread referenced above, so I'll forego
> any attempt to recap.
>
> Potential policy language can be paraphrased from the suggestion made in
> Issue #129, which was to base language on ETSI 319 401--"Practices under
> which the CA operates SHALL be non-discriminatory. The CA SHALL make its
> services accessible to all applicants who meet the requirements and agree
> to abide by their obligations as specified in the CA's terms and
> conditions." Alternative wording might be something like, "Decisions not
> to issue or to revoke a certificate should be based on the unbiased
> application of the CA/Browser Forum's requirements using the objective
> criteria stated therein," OR "CAs shall apply the CA/Browser Forum’s
> issuance and revocation requirements in a non-arbitrary manner."
> Is a variation of the language above sufficient? What do you suggest as
> language? Should it be inserted somewhere in section 2
> <https://www.mozilla.org/en-US/about/governance/policies/security-group/certs/policy/#2-certificate-authorities>
> of the MRSP?
>
> Thoughts?
>
> Thanks,
>
> Ben
>

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