Robin, just to answer this one...

Robin Alden:
> [Robin said...] 
> A fair point, and perhaps that is a whole other problem.  Our CA *does* have
> roots in NSS.
>   

This is correct. However your CA roots are considered legacy roots which 
were inherited from the Netscape era. Many critics have rightly pointed 
to the fact, that these legacy roots never underwent a review nor proper 
inclusion process. This is the reason why Frank made your request for 
upgrade conditional and a general inclusion request as if this were new 
roots. Your CA doesn't enjoy immunity because you have these legacy 
roots in NSS, nor does any other CA have that privilege, no matter if 
legacy or not.

> Is this:
> a) an abstract discussion to help Mozilla crystallize the details of its CA
> policy, 
>   

No! Mozilla does have a CA policy and defined procedures on how CAs are 
included into NSS. This also includes a public discussion where relevant 
issues with the "to-be-included" CA can be raised. I made use of this 
right and raised my objection to the inclusion of your CA into NSS under 
the current circumstances. No decision has been made so far however.

> b) a discussion about what changes to CA behaviour Mozilla would like to see
> (and may insist on) from some point in time, or
>   

No! Mozilla has the right to not include a particular CA certificate in 
its software products, to discontinue including a particular CA 
certificate in its products, /or/ to modify the "trust bits" for a 
particular CA certificate included in its products, *at any time and for 
any reason*. This includes (but is not limited to) cases where we 
believe that including a CA certificate would cause *undue risks to 
users' security*...

(c) Copyright of the Mozilla CA policy

> c) a trial to determine whether our CAs should be removed from Mozilla
> products?
>   

No, it's the process of considering the inclusion of your CA roots and 
upgrade to EV status. This is not a trial, as Mozilla has refused the 
inclusion of CAs already entirely in the past or made the inclusion 
conditional to certain aspects to their CPS and implementation. It has 
nothing to do with your CA per se, this is due process of the inclusion 
process.

> We have certainly strayed from my point of entry into this process which was
> to ask to have these 3 existing roots enabled for EV.
>   
See above (first section) why this isn't the case! Additionally, to all 
of my knowledge, other CAs had to undergo the very same process as well 
and your situation isn't unique!

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