The intent of the proposal was to ensure that CAs act fairly by applying
objective, stated criteria to decisions (1) to not issue a certificate or
(2) to revoke a certificate, but now I think that trying to prevent
arbitrary refusals/revocations with policy language might raise more
problems than we would be able to solve with any language we could adopt.
However, I am still open to suggestions. Do any of these concepts resonate
as satisfactory alternatives to "non-discriminatory" to anybody:  unbiased,
non-arbitrary, objective, impartial, reasoned, justified, rational, or
variations thereof? Can something be written that would meet the intent
stated above without the need to interpret it repeatedly on a case-by-case
basis for CAs in the future?
Thanks,
Ben

On Tue, Oct 26, 2021 at 8:14 AM Josh Aas <j...@letsencrypt.org> wrote:

> I think it would be helpful to have more clarity on what behavior this
> proposal is intended to prevent. With examples, if possible. It might
> make it easier to understand if anything ought to be done, and if so,
> what language would be most appropriate.
>
> On Tue, Oct 19, 2021 at 4:54 PM Ben Wilson <bwil...@mozilla.com> wrote:
> >
> > As an initial edit, I am proposing that we add the following language as
> a new subsection 6 to MRSP section 2.1 - "[CAs SHALL] provide services on a
> non-discriminatory basis to all applicants who meet the requirements and
> agree to abide by their obligations as specified in the CA's terms and
> conditions".  See
> https://github.com/BenWilson-Mozilla/pkipolicy/commit/fab61408608feed365a9446ac47560a34c06cf85
> >
> > On Thu, Oct 7, 2021 at 6:06 PM Ben Wilson <bwil...@mozilla.com> wrote:
> >>
> >> All,
> >>
> >> This email is the first in a series of discussions concerning the next
> version of the Mozilla Root Store Policy (MSRP), version 2.8, to be
> published in 2022. (See https://github.com/mozilla/pkipolicy/labels/2.8)
> >>
> >> Issue #129 in GitHub proposes that we add a policy of
> non-discrimination to the MRSP.
> >>
> >> This particular issue arose from discussions of whether CAs should be
> allowed to arbitrarily refuse to issue or to revoke certificates. (The
> situation involved an EV certificate for Stripe, Inc., of Kentucky,
> https://groups.google.com/g/mozilla.dev.security.policy/c/NjMmyA6MxN0/m/asxTGD3dCAAJ).
> Many of you argued that CAs should objectively and non-arbitrarily apply
> the issuance and revocation standards of the CA/Browser Forum. The full
> discussion can be read in the email thread referenced above, so I'll forego
> any attempt to recap.
> >>
> >> Potential policy language can be paraphrased from the suggestion made
> in Issue #129, which was to base language on ETSI 319 401--"Practices under
> which the CA operates SHALL be non-discriminatory. The CA SHALL make its
> services accessible to all applicants who meet the requirements and agree
> to abide by their obligations as specified in the CA's terms and
> conditions." Alternative wording might be something like, "Decisions not to
> issue or to revoke a certificate should be based on the unbiased
> application of the CA/Browser Forum's requirements using the objective
> criteria stated therein," OR "CAs shall apply the CA/Browser Forum’s
> issuance and revocation requirements in a non-arbitrary manner."
> >> Is a variation of the language above sufficient? What do you suggest as
> language? Should it be inserted somewhere in section 2 of the MRSP?
> >>
> >> Thoughts?
> >>
> >> Thanks,
> >>
> >> Ben
> >
> > --
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>
>
>
> --
> Josh Aas
> Executive Director
> Internet Security Research Group
> Let's Encrypt: A Free, Automated, and Open CA
>

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