Draft Minutes September 29, 2016

 

Attendees: Andrew Whalley (Google), Anuj Saxena (Network Solutions), Arno
Fiedler (D-Trust), Atsushi Inaba (Globalsign), Ben Wilson (Digicert), Billy
VanCannon (Trustwave), Bruce Morton (Entrust), Connie Enke (SwissSign), Curt
Spann (Apple), Dean Coclin (Symantec), Dimitris Zacharopoulos (Harica), Doug
Beattie (Globalsign), Erwann Abalea (DocuSign), Geoff Keating (Apple),
Gervase Markham (Mozilla), Giuseppe Cimino (FPKI),  Inigo Barreira
(Startcom), Jeff Stapleton (Wells Fargo), Jody Cloutier (Microsoft), Josh
Purvis (Cisco),  Ken Myers (US PKI), Kirk Hall (Entrust), Li-Chun Chen
(Chunghwa Telecom), Mads Henriksveen (BuyPass), Neil Dunbar (Trustcor),
Peter Bowen (Amazon), Peter Miscovic, (Disig), Phillip Hallam-Baker
(Comodo), Rich Smith (Comodo), Rick Andrews (Symantec), Robin Alden
(Comodo), Ryan Sleevi (Google), Tim Shirley (Trustwave), Virginia Fournier
(Apple), Wayne Thayer (GoDaddy).

 

 

1.           Roll Call

 

2.           Antitrust Statement was read by Robin 

 

3.           Review Agenda - no changes

 

4.           Approve Minutes of Sept. 15th - Dean asked if there were any
edits to the draft minutes.  Rick said he had sent notice of a typo to Kirk,
and Kirk said he would correct that for the final minutes.  There were no
other edits, and so the minutes of September 15th were approved and will be
posted to the public list.

 

5.           Ballot Status

 

Dean asked if there was any discussion on ballots (other than the election
ballots). Peter posted a proposal for defining how the Issuance Date for a
certificate must be represented in a certificate.  It has generated some
discussion, and will likely move to a ballot soon.  Dean stated that we may
need to hold new ballots in a queue for a bit based on the IPR discussion
later in the call.

 

6.           Continuing the discussion on CAA:

 

Rick summarized the discussion about next steps for CAA on the CABF list as
divided between those who want to use a "go slow" approach to deploying CAA
and a "go fast" approach. "Go slow" would mean that CAs would have to
implement CAA checking, but would be able to soft-fail on a CAA failure
(e.g., discuss with the subscriber and proceed if the subscriber approved).
"Go fast" would mean that all CAs would have to hard-fail on a CAA failure.

 

Gerv reminded us of a third option being discussed: make soft-fail the
default, and define a way for domain owners to specify hard-fail in their
CAA record. Why would anyone choose soft-fail? Perhaps when first deploying
a CAA record, the domain owner would use soft-fail for a test period, then
move to hard-fail once they were confident that their CAA record was
properly configured. Phil proposed deploying it in the opposite sense: make
hard-fail the default, and specify a way for domain owners to specify
soft-fail in their CAA record.

 

Rick made a distinction between two types of failures: CAA record mismatch
(the CA sees one or more CAA records but they don't include a domain name
identifying that particular CA) and DNS error. Someone then suggested that
we allow soft-fail for DNS errors. Gerv thought that if there was a DNS
error, the CA should first try again several times (perhaps from a different
location on the Internet) and then hard fail and ask the customer what's up
with their DNS! Rick wondered if anyone would be concerned about a DDOS
attack against a subscriber's DNS server. What if the CA mis-configured its
DNS resolver to hit the wrong IP address, and so all CAA checks resulted in
DNS error and therefore cert issuance? Ryan said CAA requirements should be
clear enough so that all CAs and users could implement, even if their
technical skills were limited. There was some discussion about making sure
the CA's actions would be auditable. CAA failures due to malicious or
unintended DNS configuration should be discoverable by the auditor.

 

7.           Governance Change Working Group update. No meeting was held
this week so there was no further update. 

 

8.           Validation Working Group Status.  Ben said there were a number
of issues for the Validation Working Group to look at, but its bi-weekly
teleconference time slot had been taken by the Policy Review Working Group,
so Jeremy would need to find a new time slot.  Kirk said there were perhaps
three pending issues mentioned in the CABF Minutes from Sept. 15, and Ben
said he would mention that to Jeremy as a source of working group agenda
items.

 

9.           Policy Review Working Group.  Dimitris discussed updates to
Section 6.1.7 which he has distributed to the list concerning issuance of
time stamping certificates directly from a trusted root.  Kirk noted the BR
was ambiguous on this point, asked if Dimitris was in favor of or opposed to
allowing time stamping certificates to be issued directly from a trusted
root. Dimitris said the Baseline Requirements for Code Signing proposal was
clear that time stamping certificates must be issued from an Intermediate so
the majority seems to consider that it is prohibited, at least from a Root
in a hierarchy that issues SSL certificates. He will likely seek endorsers
before moving to a ballot to clarify BR 6.1.7 on this point. 

 

10.         Application of current IPR policy.  Kirk summarized the memo
which Dean circulated to the management list regarding the Forum's current
IPR policy.  In essence, the Forum has not been following the IPR Policy as
to the procedures to follow in adopting new guidelines or amendments to
existing guidelines.  The IPR Policy specifies the following order: first,
draft a potential ballot, next, the Chair should circulate the ballot and
guidelines with a Review Notice. Then, the members will have an IP review
period of 30 days for guideline amendments and 60 days for adoption of
entirely new guidelines.  During the review period, members should submit
Exclusion Notices to the Chair if they have Essential Claims that would be
infringed by the guideline, with specifics, and must indicate if they will
offer a license on royalty-free terms in compliance with the IPR Policy or
not offer a license.  

 

If no Exclusion Notices are filed within the 30 or 60 day review period, the
Forum can proceed to a vote in its normal manner.  If Exclusion Notices are
received, the Forum should form a Patent Advisory Group (PAG) to evaluate
the Essential Claims and offer recommendations to the Forum, such as drop
the ballot, amend the guidelines to avoid the conflict, proceed with the
ballot, etc.  After that, the Forum would vote on the ballot (including any
amendments), drop the ballot, etc.

 

Kirk said our actual process to date was to approve ballots first, and then
sporadically send out Review Notices afterward.  When we have received
Exclusion Notices, they were not always in the correct form, and we simply
posted them and did no evaluation.  We also never took a vote to approve (or
reapprove) a ballot after the Review Notices were sent, so we have not been
following our IPR Policy.  He continued that we had been following the
balloting procedures of our Bylaws (which are not in conflict with the IPR
Policy), but not the IPR Policy.  He noted the IPR Policy provided valuable
protections to the members and gave them necessary information they needed
before voting to approve a new guideline, so we should try to follow our
policy in the future.

 

Kirk proposed two steps: (1) all ballots from that point forward should
follow the IPR Policy procedure strictly, and (2) to make up for the past,
we should re-adopt the entire Baseline Requirements and EV Guidelines as
they exist through the most recent completed ballot, sending out a draft
re-adoption ballot and Review Notice, allowing 60 days to review, dealing
with Exclusion Notices, and then voting to readopt again.  He suggested two
ballots, one to readopt the entire BRs (except for BR 3.2.2.4 on domain
validation methods) and a separate ballot for BR 3.2.2.4.  Because we are
only likely to receive Exclusion Notices for BR 3.2.2.4 (which will require
creation of a PAG, etc., which could take time), we could probably complete
re-adoption of the balance of the BRs and EVGL in a much shorter period that
way.

 

Finally, Kirk noted that some had asked if this analysis meant that the
current BRs and EVGL were not enforceable, and what it meant for the recent
Ballot 169 updating the domain validation methods.  Kirk noted that the
Forum itself does not impose any requirements on CAs (but only adopts
non-enforceable best practices), and it is the browsers through their
trusted root programs that impose the CABF guidelines on participating CAs
(as checked by WebTrust and ETSI auditors).  For this reason, in Kirk's
personal opinion CAs should proceed at this point as if nothing had changed
and that CA compliance with the current BRs and EVGL would still be required
by the browsers.  Virginia cautioned, however, that whether or not past
attempts to comply with the IPR Policy were effective or not, there had been
several Exclusion Notices filed by CAs listing some IP that may or may not
be infringed by portions of the existing BRs and EVGL, so that CAs should
consult with their legal counsel and proceed at their own risk concerning
the IP listed in those Exclusion Notices.

 

Ryan said that as far as Google was concerned, it would expect CAs to
continue to comply with the current guidelines for now.  He also said he
would prefer not to split the ballots for re-adoption of the existing BRs
and EVGL in two as Kirk had suggested, but keep them together in a single
ballot to simplify review.  Someone said it would be inefficient to go
through this entire process for a draft ballot, only to have it fail in the
end, and suggested we start with a non-binding straw poll on the draft
ballot - if the straw poll fails, the draft ballot would be dropped, but if
it passes, we would follow the review procedure laid out in the IPR Policy,
and then hold a real vote on the ballot (at which time members could change
their minds from the straw poll).  There was also a suggestion that the
ballot adopting our current IPR policy (v1.2) be readopted, but Virginia
responded that was not necessary as the IPR Policy only applies to
"guidelines" and the IPR Policy was not a guideline. The matter will be
discussed further at the face to face meeting in Redmond in October.

 

11.         Membership status of WoSign, Startcom, Qihoo 360: Dean said that
given the recent disclosures from the Mozilla Foundation on these 3
entities, the concern for the Forum is member/voting status and whether
these three members should share a single vote. In addition, it was brought
to the Chair's attention that Ballot 171 concerning ETSI standards passed
only because 360 voted from the browser side (no other browser voted and the
Bylaws require at least one browser to vote in favor of a ballot) which made
quorum.  Kirk said he had seen research showing shared ownership of the
three companies on the Mozilla website, but he believed the Forum should not
simply rely on that but instead gather the information in the Forum before
making any decisions.  While the Bylaws say that only one vote will be
accepted per Forum member and affiliates should not vote, there was no
definition of affiliate in the Bylaws and the Forum should clarify that.
Dean will send a note to the 3 companies, asking them to clarify their
ownership status and who they want to be represented in the Forum. 

 

12.         SHA-1 Exception process. Dean noted that Symantec will be
submitting a SHA-1 exception on behalf of First Data later today. Billy
noted that Trustwave will also be submitting an application on behalf of TNS
in the next few days. 

 

13.         Ballots 177/178 - Kirk Hall was confirmed as the new Chair of
the Forum, starting right after the F2F meeting in Redmond, WA. The ballot
for vice chair is now active with voting concluding on October 6th.   In
response to a question of when the terms start and end, Kirk noted that the
dates were essentially set by the ballot for the first election of a Chair,
and that the start date for a new Chair's was approximately October 22,
running for two years from that date.

 

14.         Any Other Business - Dean asked members attending the F2F
meeting to indicate their dinner choice on the wiki. He is working on the
draft agenda on the wiki. 

 

15.         Next Forum teleconference will be on October 13th. 

 

16.         Adjourn

 

 

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