The CCADB Steering Committee has opened a new forum for public trust 
matters that affect Certificate Consumers in general rather than just 
Mozilla specifically. As we just barely opened this thread and it hasn’t 
really had a chance to get going yet, we suggest holding back on commentary 
and dialog for this thread.  We will give the new forum a few days to be 
ready for active discussion, and then we will start a thread there to 
replace this thread.

Then everyone will have a chance to get into commentary on Sectigo’s points 
and requests in the going-forward forum.  

On Friday, November 4, 2022 at 11:21:39 AM UTC-4 [email protected] wrote:

> With Sectigo’s encouragement, Apple recently opened the Bugzilla incident 
> “Apple: CRLs for dormant CAs will not be populated in CCADB” (
> https://bugzilla.mozilla.org/show_bug.cgi?id=1793210).  Mozilla closed 
> this bug shortly thereafter on the rationale that it intends to make a 
> change to its policy that will eliminate this issue as an incident and has 
> communicated that intent to the public.  This decision came despite the 
> fact that on October 1 no such change had occurred, meaning that this 
> behavior was still out of keeping with the stated requirements of Mozilla’s 
> official published policy.
>
>  
>
> We imagine that there are many other CAs who failed to meet the stated 
> requirement in Mozilla’s policy on October 1 of this year but that did not 
> write up incidents, based at least in part on Mozilla’s comment 4 on that 
> thread and the decision to close the bug.  DigiCert concurs with our 
> evaluation in comment 2 on the same bug.
>
>  
>
> We have been struggling with how to interpret this decision in a broader 
> context for CAs and how we are to deal with the rules that root stores lay 
> down for included roots and their providers.  We find it deeply problematic 
> that the stated intention to modify a requirement in the future would be 
> treated identically to an actual published requirement.  Opening the door 
> to creative interpretation of unofficial statements from browser 
> representatives as equivalent surrogates to the actual published 
> requirements leaves subscribers, CAs, relying parties, and industry 
> watchers unclear on exact expectations for the WebPKI.
>
>  
>
> The core of the problem is that we have taken what ideally should be 
> tight, well defined compliance rules and made them muddy and speculative.  
> Traditionally, specified rules are captured in carefully worded published 
> policies.  They are subject to scrutiny by stakeholders, industry peers, 
> and the general public.  The owners of these policies regularly adjust them 
> in response to direct feedback or if it becomes clear that the community is 
> misunderstanding their intent.  In principle this means these policies 
> improve over time.
>
>  
>
> Compare that to the inherent looseness of sidebar conversations about 
> future intentions.  These statements are deeply unlikely to carry the same 
> level of detail as an official policy document.  They do not undergo the 
> same widespread scrutiny, don’t endure the crucible of real-world use by 
> scores of operating CAs, and don’t improve iteratively over time.
>
>  
>
> And perhaps of greater concern, there is no clear definition of which of 
> these sidebar comments are meant to be taken as policy and which are not.  
> When a browser representative makes a statement on m.d.s.p about a future 
> intention, is that to be taken as a policy update?  What if that same 
> representative says the same thing in a private email to a single CA?  To a 
> non-CA?  On a personal Twitter feed?  In the hallway at the next CABF 
> face-to-face?
>
>  
>
> Are such sidebar communications to be interpreted as requirements by CAs, 
> or are they optional for CAs to use or discard as they see fit?  What if 
> the CA doesn’t see the sidebar communication in question?  What if that CA 
> isn’t on the private email or wasn’t standing in the right hallway at the 
> right time?
>
>  
>
> Of course, the major root programs could go through a carefully considered 
> process of codifying exactly which of these sidebar communications should 
> be considered policy and which should not, perhaps maintaining a list of 
> sources that are considered surrogates for the official, published policy 
> and then expecting CAs to follow them.  Root programs would then have a set 
> of known channels that were considered official communications, and they 
> will know which are not.  CAs would be able to unambiguously distinguish 
> official from unofficial policy communications.  The interested public 
> would know which communications to scrutinize carefully as active policy 
> and which to consider speculative and future looking.  In Mozilla’s case 
> candidate repositories for the rules around sidebar communications could 
> include the “Required or Recommended CA Practices” page at 
> https://wiki.mozilla.org/CA/Required_or_Recommended_Practices or 
> conceivably the “Forbidden  or Problematic CA Practices” page at 
> https://wiki.mozilla.org/CA/Required_or_Recommended_Practices. Other root 
> programs would have to identify or create their own equivalents.
>
>  
>
> Or on the other hand, we could use the existing root store policies for 
> their intended purpose, which is to be the single, canonical place for all 
> stakeholders and interested parties to find details of each root program’s 
> individual requirements of CAs.  
>
>  
>
> We are having trouble seeing the benefit of creating separate, parallel 
> surrogates for published program policies.  In this case it appears to be a 
> matter of agility, with the time required to publish intended updates felt 
> to be slower than desired.  However, presumably there are reasons it takes 
> time to make these updates.  Publishing HTML in general is quick and easy, 
> so we imagine it to be things like careful crafting, review, and buy-in 
> that slow down the process.  If these steps are still required for 
> out-of-band policy updates, then the benefit to agility should be very 
> small.  If they are bypassed, then that raises a whole host of concerns 
> about the accuracy, specificity, and longevity of any policy stated in such 
> communication channels.
>
>  
>
> Considering all the above, we cannot see how it makes sense for a root 
> program to habituate CAs and the public at large to interpret anything 
> other than the published policy document as an official source.  We 
> discourage Mozilla and all root programs from proclaiming and enforcing 
> policy through channels other than their official, published policy 
> documents.  We ask the major root stores to reaffirm that their published 
> policies are the sole source of enforced requirements and that other 
> communications, while very helpful in educating the community and signaling 
> important future directions, are not to be interpreted as official policy 
> in their own right.
>
>  
>
>  
>

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