Greetings,

The recent discussion in Bug 2061902
<https://bugzilla.mozilla.org/show_bug.cgi?id=2061902> suggests that the
community may not share a sufficiently clear understanding of how
descriptive statements in CP/CPS documents should be interpreted. Continued
discussion here may be useful, especially in light of changes to
requirements for CPs/CPSes found in v. 3.1 of the Mozilla Root Store Policy
<https://www.mozilla.org/en-US/about/governance/policies/security-group/certs/policy/#33-cps-and-cpses>,
which will become effective on July 1, 2027.  Discussing this here will
also help refine policy without trying to establish general policy using
Bugzilla.

The questions raised include whether an otherwise applicable declarative
statement describing certificate contents has conformance significance when
it does not use an RFC 2119 keyword.

Of some relevance is a June 2024 MDSP discussion
<https://groups.google.com/a/mozilla.org/g/dev-security-policy/c/Lr68n79gqEs/m/AXstYy85AQAJ>,
in which participants generally distinguished a prescriptive CP from a
descriptive CPS while recognizing that a CA’s practices may nevertheless be
nonconforming when they differ from the CPS.

Here are some of the questions that we might discuss:

Does a CPS statement commit a CA to a practice even if it does not use
words such as MUST, each, or every?

What should be Mozilla's process or criteria when a CPS provision is
identified as ambiguous or unclear?  (E.g. ordinary meaning, the
surrounding text, certificate profiles, applicable requirements, actual
issuance practices, or a CA's or drafter's intent.)

Should Mozilla’s CP/CPS guidance clarify the situations in which
descriptive statements would be considered commitments, and should we
explain how to handle genuinely unclear statements?

- [*tl;dr of conversation in Bug 2061902: * Sectigo received two CPRs re:
its CPS statement that its server certificates “contain both” the
serverAuth and clientAuth EKUs, even though some certificates contained
only serverAuth. Sectigo explained that the statement was intended to
describe the EKU values found across its overall certificate population,
rather than to require both EKUs in every certificate. It therefore did not
consider the certificates misissued. Commenters disagreed with Sectigo's
suggestion that CPS language is binding only when it uses words such as MUST,
each, or every. Commenters argued that a CPS is expected to describe the
CA’s actual practices, so an ordinary declarative statement can still
represent a commitment. They also noted that similar language has been
treated as binding in previous incidents and that “certificates contain
both A and B” would ordinarily be understood to mean that both are present
in each applicable certificate.]

Thanks,

Ben

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