Gerv, thank you for the useful objections in this mail! Seriously - I mean it! You've touched a few points (some of it was already discussed, but never mind), which require either a good answer or some improvement...

Gervase Markham wrote:
You misunderstand my concern - I apologise for not explaining better. Let me try again.

Why will they "have to" mark their certificates as corresponding to the level which matches its policy, rather than marking them at a higher level? What happens if the CA and the browser vendor disagree about what level a particular type of certificate should be?
This is a good question! Let me explain, because there is not *one* answer to this...First of all, by assigning a certain level to a certificate, the CA makes a promise, that the certificate in question matches the relevant verification level of the Mozilla CA policy (I have mentioned it previously). Since the definition of the various levels will be strait forward and very clear about what they mean and which verification have to be performed in order to assign a certain OID to the certificate, there will be not much room to play for the CA. For example the Mozilla CA policy is very clear about its minimum verification procedure and its a requirement. I view the proposal a natural extension of this Mozilla CA policy. Additionally by having the CA confirm and sign the Mozilla CA policy, the CA is bound to it! No but and no when! Should a problem arise, all parties involved can refer to the same definition, i.e. the Mozilla CA policy.
Will you be a policeman with EV?

No, because the CA validation practices will get audited against the public documents on the cabforum.org website. So Ernst and Young, KPMG and friends are the policemen.
So I have some objections about your statement above, in that respect they are also the policemen of any other policy they audited, which means, that there is a similarity at least. However I don't view them as policemen's at all, it's not their job.

If the motives of the CA are solely to be completely honest about it, yes. But given that they can make more money if they can pass less validated certs off as more validated certs, there's a big incentive to say "well, this set of practices corresponds to level 3" when in fact we might think it corresponds to level 2.
In such a case, a CA would have to live up to their claim! I suspect, that a CA wouldn't take on a higher level, because of the promise involved. First of all, should a problem arise, the CA would be responsible up to the level it assigned the certificate. Second I believe that the public might complain at some point as well.

I don't think that any existing practices are as strong as EV. (I'd be interested if you could prove me wrong by pointing me to a public document detailing validation practices, in use by a CA today, which is as strong or stronger).
OK, time allowing, I'll dig up something...
The certificates in questions are most likely domain validated.

Nope. Organisationally validated. Check the certificate contents, and match them up with the relevant CA's products.
OK, now this is actually a very good case for our proposal! First of all I'd like to point out, that the certificate signed by XRamp might be a domain validated only certificate - I couldn't figure it out (Another good reason why we need the levels). However the second certificate was issued by Comodo Class 3 and in common practice at CAs would have to be a fully verified certificate (similar to EV, i.e. Class/Level 3). Obviously this is not the case here, which is why we *need* to have our proposal implemented!

In case of the Comodo certificate, they couldn't have marked it as Level 3 (as the issuer certificate might indicate) and if they'd have done that nevertheless, it would have been a breach of contract (That between Mozilla and the CA). Now this is indeed serious stuff, because the cert in question is misleading to say the least. We need to be able to differentiate between this claims first of all. CA adherence to the Mozilla policy would be the second step after that.

(Again EV will not solve this problem and I'm really sorry about the way EV is handled today and the direction they took. They should have come up with the proposal we made, not us...Seeing these facts about the various certificates you pointed out, I really question myself now even more, what's the use...But hey, Comodo and XRamp are members of this very club, can we expect anything better than that? Their practice is more than questionable, which doesn't really gives anybody of us a better feeling towards the CAB forum either.)

Domain validated certificates have the domain name in the O field, not a name like this.
Not really. Some CAs issue certificates including personal name and/or organization name in the organization field, respectively the common name field for client certificates. However usually they are also marked with "Persona not validated" or similar and are signed from a Class 1 issuer.

I agree it is not good to lump everything into one category,
Good!
but I say that it's unavoidable without documented and third-party-audited standards so we can meaningfully discriminate. Having the Mozilla project find resources to do our own audit is just out of the question.
Right! But Mozilla can provide the foundation and framework for having certificates marked correctly. The Mozilla CA policy can be the definition (Call is standard if you want). The CAs get audited as before and the subscribers and relying parties (i.e. the public) are the people making the judgment (with the help of a good UI). When thousands of people are able to know about a certificate a lot more than today - with a clear definition in place - no CA will dare to cheat. Should it happen nevertheless, Mozilla must have a clear definition what it is going to do in such a case. This should be an effective and binding policy.

BTW, perhaps you might ask the CAB forum, why they didn't think about such a plan like our proposal. Why should 99% of the SSL certificates remain unclassified and broken in the browsers? Shouldn't have this specific forum come up with a solution for all certificates?

--
Regards

Signer:      Eddy Nigg, StartCom Ltd.
Phone:       +1.213.341.0390
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