I think from the point of view of both interoperability and security, the original empty-fragment approach is best when a cipher using 8-byte blocks has been negotiated (usually 3DES), while 1 / n-1 splitting is better for interoperability and fully adequate for large block sizes (AES).
Regardless of which of these splitting techniques is chosen, we'd want it to be enabled by default, but it always should be possible to entirely disable this. So I'd suggest to rename SSL_OP_DONT_INSERT_EMPTY_FRAGMENTS to cover 1 / n-1 splitting (e.g., SSL_OP_DONT_SPLIT_FRAGMENTS) while retaining the old name as an alias (#define SSL_OP_DONT_INSERT_EMPTY_FRAGMENTS SSL_OP_DONT_SPLIT_FRAGMENTS). To slightly simplify the code, we could stop worrying about the 8-byte block ciphers (i.e., never use empty fragments, use 1 / n-1 splitting instead), but while using 8-byte blocks comes with known security issues, there's probably no good justification to make this worse [*]. Data that Yngve Pettersen has shown actually suggests that interoperability with 3DES implementations is better with the empty-fragment approach anyway. [*] For a 8-byte block cipher, the 1 / n-1 splitting approach means you 56 MAC bits for randomization in the first block. With some luck (p = 2^-56), these bits will come out as needed by the attacker. You'd typically have other security problems too when using an 8-byte block cipher, but why add to them?I think from the point of view of both interoperability and security, the original empty-fragment approach is best when a cipher using 8-byte blocks has been negotiated (usually 3DES), while 1 / n-1 splitting is better for interoperability and fully adequate for large block sizes (AES).
Regardless of which of these splitting techniques is chosen, we'd want it to be enabled by default, but it always should be possible to entirely disable this.
So I'd suggest to rename SSL_OP_DONT_INSERT_EMPTY_FRAGMENTS to cover 1 / n-1 splitting (e.g., SSL_OP_DONT_SPLIT_FRAGMENTS) while retaining the old name as an alias (#define SSL_OP_DONT_INSERT_EMPTY_FRAGMENTS SSL_OP_DONT_SPLIT_FRAGMENTS).
To slightly simplify the code, we could stop worrying about the 8-byte block ciphers (i.e., never use empty fragments, use 1 / n-1 splitting instead), but while using 8-byte blocks comes with known security issues, there's probably no good justification to make this worse [*]. Data that Yngve Pettersen has shown actually suggests that interoperability with 3DES implementations is better with the empty-fragment approach anyway.
[*] For a 8-byte block cipher, the 1 / n-1 splitting approach means you 56 MAC bits for randomization in the first block. With some luck (p = 2^-56), these bits will come out as needed by the attacker. You'd typically have other security problems too when using an 8-byte block cipher, but why add to them?