We’ve had an interesting situation come up that isn’t clearly covered in the 
BRs.

We have a customer who has a system that does not have a persistent clock when 
it is first unboxed.  When it powers on, it starts counting from a given point 
in time (for example 2017-01-01 00:00:00Z). This device has network access and 
one of the tasks it does early on is to reach out to a server to get a firmware 
update and configuration information.  Having some security smarts, the 
customer assured connections are all made via TLS and they do have certificate 
checking enabled.

You might have already spotted the problem — at some point the server 
certificate is going to get renewed and will probably have a notBefore date 
that is after 2017-01-01.  This will cause the firmware and configuration 
update to fail.

They have asked if they could get a new certificate for the server with a 
notBefore date in the past — notably setting it early enough to pass validation 
by just unboxed devices.  This would be issuing with the same subject 
information and domain names that have been in previous certificates.  The 
issued certificate will meet all the requirements for new certificates issued 
today.  

This was discussed last September: 
https://cabforum.org/pipermail/public/2016-September/008450.html 
<https://cabforum.org/pipermail/public/2016-September/008450.html>, but I never 
brought it to ballot.

So I have two questions:
1) Does anyone think setting a notBefore well before the issuance dates a 
problem, as long as the certificate includes a timestamp that represents the 
issuance date and the CA previously issued a certificate for the same domain 
name(s) to the same applicant that has a validity period that spans from the 
notBefore to issuance date?

2) What is the latest acceptable notAfter date?  39 months (or 825 days in the 
future) from the notBefore date or from the issuance date?

Thanks,
Peter
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