On Thu, Mar 07, 2019 at 05:30:24PM -0600, Matthew Hardeman wrote:
> On Thu, Mar 7, 2019 at 5:14 PM Matt Palmer via dev-security-policy <
> dev-security-policy@lists.mozilla.org> wrote:
> > Whilst those are all good points, I don't see how any of them require the
> > CA
> > to control an unconstrained intermediate CA certificate (or a root
> > certificate).  All of those things can be done as a reseller or
> > third-party-managed CA.
> 
> There's a fundamental difference in gaining membership to a root store like
> the Mozilla program.
> 
> As I recall, the program intentionally doesn't maintain contractual
> relationships with the CAs.
> 
> It could be argued under US sanctions laws that the act of working with an
> entity and adding their root to the store could in that moment be a
> regulated transaction.  However, once it's on the trust list, its
> continuation there is not a new service or product being provided to a
> sanctioned entity.  At that point, it's merely continued publication of a
> curated list, which in the US qualifies as protected speech.

That's a *really* long bow to draw.  Also, whilst Mozilla might not maintain
a contractual relationship with a CA, other root programs *do*, so if the US
government wants something distrusted, they're gone.

Conversely, though, not all existing root CAs (or even intermediates) are
based in the US, so it should be *much* easier to find a CA to resell, than
to ensure that a trust anchor remains globally included.

- Matt

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