(Everything below is my personal opinion, not the opinion of my employer.)

On Fri, May 24, 2024 at 1:58 PM Mike Shaver <[email protected]> wrote:

> Is it permissible for a CA to issue a certificate to a Subscriber when
> they know that this Subscriber does not, in fact, acknowledge and accept
> item 8?
>

I think there is a subtlety here: just because a Subscriber "acknowledges
and accepts that the CA is entitled to revoke the certificate immediately"
doesn't mean they're actually ready to deal with the fallout of the CA
actually doing so. Just because I acknowledge and accept that those close
to me will one day pass away, I know I'm certainly not ready to actually
manage their wills!

On the whole, I certainly agree with your sentiment here: Subscribers who
cannot replace a certificate in less than 5 days are not protecting the
privacy and the security of their users, and either need to improve their
response time or investigate non-WebPKI solutions. And CAs which knowingly
issue to such Subscribers (perhaps because that Subscriber has failed to
replace a certificate in a prior incident) are asking for trouble.

But I also think that issuing to such a Subscriber is not necessarily
itself a misissuance. The Subscriber has agreed to a legally binding
Subscriber Agreement which includes the necessary warranties. It is not
*necessarily* the CA's fault -- though it is their problem -- that the
Subscriber has failed to understand the full ramifications of that warranty.

Aaron

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