Thanks, Joanna.  These are good questions to consider.

On Monday, October 25, 2021 at 2:16:03 PM UTC-6 [email protected] 
wrote:

> Hello Ben and all,
>
> We have put some thought into the practicality of this new requirement and 
> how it will function considering the existing definition of High Risk 
> Certificate Request. This led us to multiple questions for the 
> functionality of this requirement. 
>
> If CA’s are allowed to identify their own High Risk requests using 
> internally derived risk-mitigation criteria what distinguishes this 
> behavior from non-discriminatory behavior?
>
> For example, If we have our own CA name in the High Risk category to 
> prevent potential copy write issues, does that constitute us being 
> discriminatory?
>
> Is it deemed acceptable for the CA to reject this type of request because 
> they consider it High-Risk or a violation of their Terms?
>
> Furthermore, what happens when a certificate is questioned to be 
> discriminatory? Is there an expectation for a CA to publicly provide 
> private information that the customer used to attempt to obtain the 
> certificate in order to justify its decision?
>
> We hope to engage in some conversation around this issue so we all have a 
> clear path forward prior to this requirement being instituted.
> Thank you,
> Joanna Fox
> TrustCor Systems
> On Tuesday, October 19, 2021 at 1:54:32 PM UTC-7 [email protected] wrote:
>
>> 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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