In one of our tests OpenSSL 1.1.1-dev sends an unrecognized_name warning alert 
before a TLS 1.3 (draft 26) ServerHello.  Alert level is supposed to be 
implicit in TLS 1.3, but in this case it is ambiguous.  Should it even be 
considered a “TLS 1.3 alert” given that it arrives before the protocol version 
is confirmed? 

TLS 1.3 draft section 6 states that "All the alerts listed in Section 6.2 MUST 
be sent with AlertLevel=fatal and MUST be treated as error alerts regardless of 
the AlertLevel in the message”.   Is the client supposed to remember that it 
received a warning level alert and terminate after parsing the ServerHello?

—Roelof


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