On Mon, May 16, 2016 at 8:24 AM, Ben Wilson <
ben.w...@digicert.com> wrote:
> Gerv wrote,
> "Counter-question to many of these: who defines what is malware, and who
> made them king?"
>
> The contract that the CA enters into with the subscriber should have done
> that.
>
> Subscriber Agreements should have language in them that says something to
> the effect, "We can revoke your certificate if you are [insert bad
> behavior]
> as we determine [insert evidentiary standard or threshold]." (The
> evidentiary standard might be "as we reasonably believe", "as we determine
> in our sole discretion", etc.)
>
Individual CA terms of service are a much more reasonable place for these
kinds of requirements. That's something CAs can put in their marketing as a
feature to audiences that want that. It doesn't stop malware actors from
getting certificates from CAs that don't police malware, but given that
certificates today are being automatically dispensed for free based sheerly
on technical validation, preventing malware from *obtaining* a certificate
seems like a losing battle.
Putting malware policing into root program requirements is significantly
more dangerous, because that root program has what amounts to unchecked
policing power over any HTTPS domain. And since revocation isn't even
enforced except in limited circumstances by the most popular browser
(Chrome), the positive impact of revoking a malware site's certificate is
quite limited.
So using revocation to block malware is the worst of both worlds: revoking
a "bad guy" certificate fails to save everyone from the bad guy, yet
revoking a "good guy" certificate prevents the good guy from serving a
significant chunk of the global population. And while the folks on this
list might have a similar and narrow shared mental conception of malware,
in the long run and at global scale, "misuse" can get a lot more
subjective.
Will this also be how IP holders might pursue relief if they don't like how
the DMCA safe harbor is working out? Or how a government blocks the release
of material it believes to be classified or societally harmful? It could be
a lot easier and cheaper to convince a root program to tell a CA to revoke
a certificate than it is to convince a judge or go through ICANN's UDRP. It
would also come with zero oversight or defined public process, or the
opportunity for the public interest to be represented.
The absolute last place it should be is in CA/B Forum requirements. Peter
already pointed to some helpful language in the EV Guidelines that suggests
that the Baseline Requirements are explicitly not trying to be in this
business. If there's still ambiguity, maybe Mozilla can be helpful in
resolving it.
More generally, the IANA transition has brought a ton of scrutiny to
internet governance and the role of US governments and corporations in
managing the internet's name system. That scrutiny will only increase,
especially as other large countries clamor for more control and
sovereignty. If HTTPS should be the default on the internet, and the CA
system is the only thing we have right now that can guarantee it, then root
programs and the CA/B Forum start to look a lot like a new internet
governance body.
Being an internet governance body comes with real obligations to the
public, and the real potential to see involuntary regulation if
self-regulation fails. Since only CAs can issue certificates, while other
layers can defend users against malware, the CA system at large should be
very careful about how it weighs malware defense alongside its other
responsibilities.
-- Eric
--
konklone.com | @konklone <
https://twitter.com/konklone>