On Thu, Sep 28, 2017 at 11:50 AM, Gervase Markham <g...@mozilla.org> wrote:

>
> The nature of trust is that it's harder to regain than it is to gain in
> the first place. Just ask someone who's been the victim of adultery - or
> someone who is a now-repentant adulterer. Rightly or wrongly, people get
> a first chance, but it's tough to get a second. I think you are right
> when you conclude that this is just the way of things, and we should
> accept it rather than kick against it.
>
> Gerv
>

I am curious how accepting that reality might impact the program.

It raises several questions in my mind:

Does the root program formally recognize the trust required of key
executives and operations staff?

Does the program actually concern itself with beneficial ownership -
particularly when all parties are asserting that the ownership is passive?
If so, how are those assertions and determinations vetted and documented?

Regardless of ownership, does the root program require any specific formal
assertions or affirmations by CA's key executive staff?  Do those or would
those include declarations such as "I am formally declaring that I was/will
be the senior executive responsible for management and operational
decisions of the CA for the period ___. "?

Would / should the program require that trusted individuals in key roles
regularly certify such claims of responsibility and require that these
individuals personally acknowledge an affirmative responsibility to notify
the program if their role transitions or that the exercise of their
professional discretion within their role has been subverted or curtailed?

The spirit of these questions is to inspire some thought as to who are the
individuals in whom trust must be granted are and what precisely we are
trusting them with and how can we capture in a more formal way just what it
is that they are being trusted with and what the program's and community's
expectations are regarding any formal affirmative responsibilities related
to the trust that's being granted.

Business entities lack thought and discretion.  It's the trusted people
within a CA who either operate the CA pursuant to standard or do not.  How
can those specific extensions of trust be formally documented and what
obligations does that impose on those individuals.  How can that be
captured in such a way as to hold those who've been granted trust
accountable?

By way of example, I suspect that a certain R.W. is effectively subject to
a lifetime ban from executive and trusted operations roles in any CA in the
Mozilla root program.  I also suspect that's not really formally documented
as such in the general case.  I can not imagine that anyone in the
management of the Mozilla root program would respond with a "Erm, yes, I
guess" to a CA asking the hypothetical question "We're contemplating hiring
Richard Wang for COO of our currently publicly trusted CA.  But we're good,
though, right?"  To be quite clear, I am not asking about any particular
individual, but making a point that, as you said, trust is far harder to
regain than it is to be granted initially.

Formalizing the program's recognition of the key participants of the
various roles offers the opportunity for holding individual bad actors
accountable while also giving the opportunity to hold harmless an executive
who reports an attempt at a silent, internal coercion as to his autonomy in
his role (perhaps by a purportedly arms-length owner) and that said
executive is abandoning the role officially and wishes not to be held
responsible for events at said CA beyond time point X.

Formalizing the responsibilities and liabilities of the individuals allows
punishment and reward.  It also has the potential for providing a mechanism
for redress, where warranted.  Generally speaking it is difficult for a
person who is unofficially banned to get officially unbanned.  It follows
that it's hard to get a status changed when others won't acknowledge the
status.

Just some thoughts...

Matt
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