I would not even go as far as calling this unusual. In fact, to an extent, this is required behavior.
There’s two items ongoing here:
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A CA issuing a certificate from a hierarchy which is distrusted by at least 1 root program
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A Subscriber utilizing a certificate issued from a hierarchy not trusted by at least 1 root program.
I’ll start off with item 2: There are plenty of reasons why this might happen. We’ve seen cases where cross-signing chains do not properly work, unfortunately, and likewise we as CA also see many cases where customers are dealing with very old trust stores,
and thus still need certificates issued by what I’ll call legacy chains. I don’t like it, I believe this is a problem we shouldn’t have, but alas, we do. Certificate Pinning and limited, outdated trust stores, are a fact of life I deal with on a daily basis,
and education by CAs only goes to a certain point.
I believe a CA should warn subscribers of the potential issues that may arise when requesting legacy chains, but to an extent, the final decision and risk analysis should be up to the subscriber.
With regards to item 1, which I think this thread focused on: No, this is absolutely not unusual, and if this would be forbidden, that would directly be the cause of incidents for CAs.
The fact that a CA hierarchy has been distrusted, does not dismiss it’s trusted states within other trusted root stores. That means such CA must remain compliant with the BRs, and therefore must be able to issue certificates, purely for the fact that CAs are
required to host test websites for those CAs, so long as the CA is trusted by at least 1 root store. Hence forbidding issuance, would put the CA in an unresolvable conflict between different root stores.
I would add two items there:
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The distrust of a CA hierarchy, depending on what type of distrust method is used, essentially means the CA hierarchy no longer needs to comply with the browser’s own root store. In short: You can’t have a say
over something you don’t include. (Yes, there’s some nuance here about those CAs still being included in older version of that root store, a discussion we should have, probably in this thread:
https://groups.google.com/a/mozilla.org/g/dev-security-policy/c/ApQ96PKH8r0)
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Most of these distrusts are based on their trust bit removal. Trust bits essentially work this way: “Whatever this CA issues, we will only trust it if the EKU matches the trust bit we’ve enabled”. Again, this
does not prevent the CA from doing something else with those CA keys, it just won’t be trusted within the root program in question.
Regards,
Martijn
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