Ben,

 

In addition to your concerns (which I share) about whether it’s actually 
possible to encode this sort of thing in policy successfully, I’ll note that 
your proposed text has a slight loophole: even though someone agrees to abide 
by their obligations in the T&Cs, they may not actually be complying with the 
T&Cs, and, to further complicate things, whether they are in compliance or not 
may be a matter that is in dispute between the parties.  

 

As written, the policy proposal would forbid revocation in cases where an 
entity is violating the T&Cs but refuses to admit it, as the entity can claim 
they are exempt from revocation because they “agreed to the T&Cs”.  That would 
be a very unfortunate circumstance.

 

-Tim

 

From: [email protected] <[email protected]> On 
Behalf Of Ben Wilson
Sent: Tuesday, October 19, 2021 4:54 PM
To: [email protected] <[email protected]>
Subject: Re: Policy 2.8: MRSP Issue #129: Require non-discriminatory CA conduct

 

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
  
<https://github.com/BenWilson-Mozilla/pkipolicy/commit/fab61408608feed365a9446ac47560a34c06cf85>
 

 

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