Frank Hecker:
First, DigiNotar first submitted its request several months ago, at a time when its EV audit would have been current had I processed DigiNotar's application in a timely manner.

...and you would be today in a situation where you would have to remove this CA already from EV status.

I'm not inclined to penalize DigiNotar for my own delays.

No, you only adhere to your own criteria. Who do you penalize here really (if they don't have an updated audit and not conform to the EV criteria)? Just adding them to have them removed?

First, based on my experience a lot of CAs have experienced delays in getting their EV audits completed and published.

So? (Sorry for being nasty, but I want to get my point through to you ;-) )

I'm guessing that this has been primarily due to the large number of CAs wanting to get EV audits, and the limited number of auditors available to do them. You may also recall that the first batch of EV reports was not published on the webtrust.org site, apparently due to delays by the AICPA/WebTrust folks and/or the various auditors in setting up arrangements to incorporate EV reports into the standard WebTrust SealFile system.

The seals are not required. We need the audits. Apparently auditing works without problems...

So in general I've been willing to give CAs some leeway in terms of the audit dates, and see no reason not to do so in this case.

Some leeway is fine, but don't forget that we need to be in sync at some point (better before FF3 gets out). I see a reason to insist this time because the audit is very old in terms of EV. They've got KPMG next door, so I don't see a reason why this should be a problem (and I know what I'm talking about). And you won't be alone, MS will pull their EV status as well if they haven't already (assuming there is no updated audit, otherwise all is fine).

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