I believe that the current 8446-bis text addresses this. Martin?

On Tue, Jan 16, 2024 at 4:59 PM RFC Errata System <[email protected]>
wrote:

> The following errata report has been held for document update
> for RFC8446, "The Transport Layer Security (TLS) Protocol Version 1.3".
>
> --------------------------------------
> You may review the report below and at:
> https://www.rfc-editor.org/errata/eid6205
>
> --------------------------------------
> Status: Held for Document Update
> Type: Editorial
>
> Reported by: Martin Thomson <[email protected]>
> Date Reported: 2020-06-04
> Held by: Paul Wouters (IESG)
>
> Section: 4.3.2
>
> Original Text
> -------------
>    Servers which are authenticating with a PSK MUST NOT send the
>    CertificateRequest message in the main handshake, though they MAY
>    send it in post-handshake authentication (see Section 4.6.2) provided
>    that the client has sent the "post_handshake_auth" extension (see
>    Section 4.2.6).
>
> Corrected Text
> --------------
>    Servers which are authenticating with a resumption PSK MUST NOT send the
>    CertificateRequest message in the main handshake, though they MAY
>    send it in post-handshake authentication (see Section 4.6.2) provided
>    that the client has sent the "post_handshake_auth" extension (see
>    Section 4.2.6).  Servers which are authenticating with an external PSK
>    MUST NOT send the CertificateRequest message either in the main
> handshake
>    or request post-handshake authentication. Future specifications MAY
>    provide an extension to permit this.
>
> Notes
> -----
> The lack of qualification on "authenticating with a PSK" implies that the
> statement applies equally to both external and resumption PSKs.  However,
> there are two conditions being governed: whether a certificate can be
> requested during the handshake, and whether a certificate can be requested
> post-handshake.  The latter of these requires different rules depending on
> the type of PSK.
>
> We know from the analysis of resumption (see
> https://mailarchive.ietf.org/arch/msg/tls/TugB5ddJu3nYg7chcyeIyUqWSbA/)
> that combining a PSK handshake of either type with a client certificate is
> not safe.  Thus, the prohibition on CertificateRequest during the handshake
> applies equally to both resumption and external PSKs.
>
> For post-handshake, Appendix E.1 already discusses the risks of combining
> PSKs with certificates, citing the same analysis as above.
>
>    [...]  It is unsafe to use certificate-based client
>    authentication when the client might potentially share the same
>    PSK/key-id pair with two different endpoints.
>
> For this reason an external PSK is not safe to use with post-handshake
> authentication.  A resumption PSK does not have this property, so the same
> prohibition doesn't apply.
>
> Splitting the requirements as proposed makes this split clearer.
>
> --------------------------------------
> RFC8446 (draft-ietf-tls-tls13-28)
> --------------------------------------
> Title               : The Transport Layer Security (TLS) Protocol Version
> 1.3
> Publication Date    : August 2018
> Author(s)           : E. Rescorla
> Category            : PROPOSED STANDARD
> Source              : Transport Layer Security
> Area                : Security
> Stream              : IETF
> Verifying Party     : IESG
>
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