I've been looking at the GeoTrust papers, and I'm struck by two things:

1) There are multiple CAs with 'authority' (granted by the Mozilla
Foundation, by including their root certificates with the
distribution) to issue certificates, and they do not coordinate their
actions;

2) each of the cases that GeoTrust asserts as failing examples relies
on a trademark infringement.

The first thing is a contributor to all of this trouble.  There's no
"industry best practices" that the industry has had the chance to go
over and refine; instead, they're all working from the
ANSI/WebTrust/standards-body ideas of how CAs should behave, without
revision and without oversight.  I'm surprised it took as long as it
did to have problems.

The second thing, though, is a legal argument, and one that deserves
more rational analysis.

In the US (at least; I don't know anything about international law as
relates to trademarks, tradenames, et al), banks and insurance
companies file their trademarks under Class 36, and telecoms file
their trademarks under Class 38.  These are the two (along with Class
45, "personal services", if "providing a credit report" is a function
of a personal service) that seem to be most likely subject to phishing
attacks.  (Though, to be fair, Class 42 seems to be where the entire
concept of 'phishing' began -- trying to get account keys and
usernames/passwords illegally.)  (Reference:
http://www.uspto.gov/web/offices/tac/tmfaq.htm#Application018 , "What
are the different classes of goods and services?")

Why don't CAs have sub-CAs based on the class of the trademark that
has been granted on the name?  (Trademarks often take over a year to
process through the USPTO, but a 'no current trademark registered'
sub-CA could be used for that.)  This would allow for determination of
what class of business the name is certified for, and a UI enhancement
that would thus prevent the GeoTrust attack of "Chase Ferries" being
UI-same as "Chase Bank".

It would seem to me that the class of threat that GeoTrust exposed was
"right to use the name".

Just some thoughts.

Cordially,

Kyle Hamilton

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