As I mentioned elsewhere, I'm not sure this is an entirely useful or
productive concern to be raising at this time. I have also shared that I
think this is a question of policy than protocol, even though the policy
decision has implications on other protocols. Thus I think it's much more
appropriately discussed among individual implementations.

As a protocol for allowing both the pre-disclosure of a certificate and
post-disclosure of a certificate. We saw, rather extensively in the Threat
Model document, different perspectives on policies regarding how
pre-disclosure should be treated and handled. For example, using the
protocol in 6962 or -bis, it's possible to use CT as a means of detecting
and correcting certificates prior to issuance (the discussion about Logs
applying rules to certificates). Similarly, it's possible for CT as a
protocol to be used entirely internal to an organization, as part of audit
logging for external audits via a common protocol, even with the inclusion
of data that might otherwise be inappropriate for publicly-exposed logs.

So I do think that, from the point of view of the RFCs, it's a matter of
policy as to how the existence of a pre-certificate is treated, which
aligns with the particular intended deployment of the CT protocol. If a
policy (e.g. by a browser, for the Web PKI) treats the issuance of a
pre-certificate as an unrebuttable proof of an equivalent certificate,
which is certainly one of the core things CT enables policy to state, then
it naturally follows that it must be treated as such within protocols that
are keyed on the issuance of certificates.

It's an operational concern, defined by local policy, as to what impact, if
any, it has on other protocols. Just as RFC 5280 does not define, for
example, what forms of names to include within a distinguished name, I'm
not convinced that this would even belong in 6962-bis, because it covers
the operational aspects and implications of a PKI that may use, in part or
whole, these RFCs.
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