For clarity - I am not representing a CA and do not have the authority to
represent any CA. My comments are my own.

I think the credits are a red herring and just an example of the question.
Can a CA avoid revocation for something wrong in their CPS by adding
qualifying language? My thought is no. If this is a contract, then you
would certainly be able to do so, which means the contract analogy doesn't
really work as "reasonable efforts" is a pretty common phrase as is a
limitation on remedies. I don't think we should pretend the CPS is a
contract as the penalty for breach is set and doesn't appear movable. The
CPS is a requirement document with a stated requirement if you fail to meet
those expectations - revocation of certificates. If that's not true, then
the example scenario of offering credits instead of revocation would be
totally legit.

If it is a requirements doc, I think it would be interesting to create a
CPS that just has the useful information and cuts out everything that
doesn't make a difference to relying parties (such as section 8 and 9).


On Fri, Jun 13, 2025 at 6:35 AM Mike Shaver <[email protected]> wrote:

> On Fri, Jun 13, 2025 at 5:58 AM Tobias S. Josefowitz <[email protected]>
> wrote:
>
>> And in that scenario, I fail to see how transparently communicated
>> commitments alongside the incentive structure of the CA to follow them
>> would create a dynamic subject to your concern.
>>
>> Is the concern that "rich" CAs would voluntarily commit to additional
>> limitations, only to then violate them as some part of a "weird flex"? If
>> not that, what is it?
>
>
> Right now there is nothing punitive about a CA’s responsibilities in the
> face of CPS-related misissuance: the things required of them are strictly
> remedial, being simply to correct the error they imposed on the WebPKI’s
> collection of valid certs. They don’t even require revocation, if the CA
> has chosen to structurally mitigate the risk of misissuance by issuing
> Short-Lived certificates. There is nothing inflicting harm as an attempt to
> balance the possible operational disincentive a poorly-organized CA might
> have against performing appropriate remediation. Even the prospect of
> distrust is remedial: if the CA can’t be trusted, they shouldn’t be trusted.
>
> What you’re proposing is that we add something punitive, which means that,
> I assume, you believe that we would need something to motivate action that
> the CA might otherwise not take without the prospect of that punishment.
> That motivational effect would not be equal across all CAs, which means
> that the calculus of be-careful-or-pay would not be a reliable means to get
> back to the important state: the WebPKI’s corpus of valid certificates
> being trustable *in all their details* by relying parties. (I think that
> the focus on there being some commercial element to issuance and trust
> would not age well either, given that a large and quickly-growing portion
> of the web’s certs are not issued on a commercial basis. Who would get
> credits from Microsoft for their recent misissuance? Another part of
> Microsoft?)
>
> And—I’m sorry this is so long, but whatever—the proposed punitive measure
> doesn’t even make the PKI whole! You would still have certs floating around
> with incorrect information, but the subscriber would have a trivial credit
> against their next webinar about automation.
>
> If it is in the CA’s interest to provide additional voluntary constraints
> on their issuance, then it is because it is somehow in their interest to do
> so. That could be because they are chartered to improve the security of the
> web (would that they all were, tbh), or to distinguish themselves in a
> competitive marketplace. They should not pursue those things in ways that
> undermine the fundamental guarantee of the WebPKI: the attributes of the
> certificate are true. Either way, those constraints don’t matter unless
> they can be relied on by RPs. And if they are to be relied on then they
> need to hold for all valid certificates, so…
>
> CAs can “maybe, we’ll try!” exceed BRs on their own initiative, without
> any interaction with the BRs or its remedial mechanisms; just don’t put it
> in the CPS. Maybe the CAB/F can give out ribbons for effort on the social
> event cruise, or provide badges for CAs to put on their web sites and in
> email signatures. “__321__ days since a commitment(*)-breaking issuance!”
>
> But, again, I think this is a molehill and not a mountain. At best an
> amusing distraction from pursuits that might actually *improve* the
> reliability of the WebPKI, rather than make it even more complicated for
> relying parties to navigate.
>
> Mike
>
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