Thanks Andrew and Ryan. I can certainly see the intent to implement a
comprehensive ban on SHA-1 with the "sign SHA-1 hashes" language in section
5.1.1. This implies that section 5.1.1 overrides the scope statement in
section 1.1of our policy.

However, it is also apparent that S/MIME is intentionally not in scope [1]:

Therefore, we would like to update Mozilla's CA policy to implement a
"proper" SHA-1 ban. At the moment, it seems difficult to define a SHA-1
ban for email, so the current text leaves that for a future update.

A number of CAs reported continuing issuance of code signing certificates
[2] after this policy went into effect, and it appears that section 5.1.1
permit this as well. What it does not permit is the issuance of new SHA-1
CA certificates, even if constrained for uses other than serverAuth, with
pathlen=0, containing data controlled by the CA.

The evidence that I've found points to this being an oversight rather than
an intentional ban on the issuance of the CA certificate that I described,
but under the assumption that section 5.1.1 overrides section 1.1, then I
have to agree that our policy forbids it.

[1]
https://groups.google.com/d/msg/mozilla.dev.security.policy/RwymOVM_Ldg/y2_OMydfDgAJ
[2]
https://ccadb-public.secure.force.com/mozillacommunications/CACommRespWithTextAndTotalsReport?CommunicationId=a05o000000iHdtx&QuestionId=Q00010&QuestionIdForText=Q00011

On Fri, Mar 22, 2019 at 4:43 PM Ryan Sleevi <r...@sleevi.com> wrote:

>
>
> On Fri, Mar 22, 2019 at 4:00 PM Andrew Ayer via dev-security-policy <
> dev-security-policy@lists.mozilla.org> wrote:
>
>> On Fri, 22 Mar 2019 12:50:43 -0600
>> Wayne Thayer via dev-security-policy
>> <dev-security-policy@lists.mozilla.org> wrote:
>>
>> > I've been asked if the section 5.1.1 restrictions on SHA-1 issuance
>> > apply to timestamping CAs. Specifically, does Mozilla policy apply to
>> > the issuance of a SHA-1 CA certificate asserting only the
>> > timestamping EKU and chaining to a root in our program? Because this
>> > certificate is not in scope for our policy as defined in section 1.1,
>> > I do not believe that this would be a violation of the policy. And
>> > because the CA would be in control of the entire contents of the
>> > certificate, I also do not believe that this action would create an
>> > unacceptable risk.
>>
>> It was the intent of section 5.1.1 to apply to such certificates, and
>> the wording in 5.1.1, which talks about "CAs" signing "SHA-1 hashes"
>> means that 5.1.1 applies even when the apparent signed data isn't a
>> certificate in scope of Mozilla policy.  This is necessary because the
>> problem with hash collisions is that while the data the CA thinks it's
>> signing might not be a certificate in scope of Mozilla policy, the hash
>> might collide with a certificate that *is* in scope.
>>
>
> I agree with Andrew - this was very much the intent. This is similar to
> the advice given in a recent reply [1], is consistent with the past
> discussion regarding OCSP signers, which GlobalSign had also brought up
> [2][3], which past CAs have regarded as incidents [4][5], and which lead to
> the exception Andrew mentions here.
>
> It was the intent of the policy that this be prohibited, except as noted.
> [7]
>
> [1]
> https://groups.google.com/d/msg/mozilla.dev.security.policy/vDhKG7T6sCM/vtGubR0pBwAJ
> [2]
> https://groups.google.com/d/msg/mozilla.dev.security.policy/NthdT8sOQQ0/q37006A6AAAJ
> [3]
> https://groups.google.com/d/msg/mozilla.dev.security.policy/aCJQ5JkYcVw/diq_e0_kAQAJ
> [4]
> https://groups.google.com/d/msg/mozilla.dev.security.policy/paXc44rj5PU/lfydcQ_HAgAJ
> [5]
> https://groups.google.com/d/msg/mozilla.dev.security.policy/6BdFdNQKJoY/NY_owWajAAAJ
> [6]
> https://groups.google.com/d/msg/mozilla.dev.security.policy/ScoboGpN4w4/GxUCmGWuBgAJ
> [7]
> https://groups.google.com/d/msg/mozilla.dev.security.policy/wVhRt63bTpU/FxxNlYzxCQAJ
>
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