[HN Gopher] DigiCert: Threat of legal action to stifle Bugzilla ...
       ___________________________________________________________________
        
       DigiCert: Threat of legal action to stifle Bugzilla discourse
        
       Author : DanAtC
       Score  : 567 points
       Date   : 2025-02-25 01:40 UTC (21 hours ago)
        
 (HTM) web link (bugzilla.mozilla.org)
 (TXT) w3m dump (bugzilla.mozilla.org)
        
       | nightfly wrote:
       | Can someone link to (or post copies of) the offending
       | questions/statements?
        
         | infogulch wrote:
         | In the second paragraph:
         | 
         | > Contrary to this statement, I received a letter from
         | DigiCert's lawyers, Wilson Sonsini, regarding posts made by
         | Sectigo's Chief Compliance Officer in bug 1910322.
         | https://bugzilla.mozilla.org/show_bug.cgi?id=1910322
        
           | mdaniel wrote:
           | > The code worked in our original monolithic system but was
           | not implemented properly when we moved to our micro-services
           | systems
           | 
           | :chefs_kiss:
        
             | crooked-v wrote:
             | As we all know, software isn't software unless it can
             | immediately scale to having 12 billion users.
        
             | evil-olive wrote:
             | it gets even better:
             | 
             | > We also found that the bug in the code was inadvertently
             | remediated when engineering completed a user-experience
             | enhancement project that collapsed multiple random value
             | generation microservices into a single service.
        
               | tpxl wrote:
               | > multiple random value generation microservices
               | 
               | Wot. They had _multiple_ services generating random
               | numbers?
        
               | aragilar wrote:
               | It might mean multiple instances of the same code (which
               | would explain why there might be commonalities)?
        
               | intelVISA wrote:
               | Some might see horror but I see a few genius level
               | engineers 'working' 1hour a month rebuilding the same
               | getrandom syscall.
               | 
               | They hiring? :]
        
       | infogulch wrote:
       | This is shocking to read. Even attempting to choke the legal
       | speech of web PKI contributors with legalistic bullying is a
       | gross inversion of the purpose and goals of the organization, and
       | IMO warrants revoking everything to do with DigiCert on the spot.
        
         | terminalbraid wrote:
         | > IMO warrants revoking everything to do with DigiCert on the
         | spot
         | 
         | This is pretty heavy handed and I don't think you've thought
         | through what the consequences of that may look like. The
         | historic way to deal with a problematic CA is to prevent them
         | from issuing new certificates or renewing certificates (after
         | taking care of immediate damage, of course). There are _lots_
         | of legitimate companies that use Digicert and they should have
         | an expectation of being able to continue business in the short
         | term while they find a different certificate provider.
        
           | DeepPPP wrote:
           | Are you saying it was okay to distrust EnTrust but DigiCert
           | is too big to fail?
        
             | terminalbraid wrote:
             | No, and I'm deeply confused how you drew this conclusion
             | from what was written.
             | 
             | I specifically say the historical way to deprecate a
             | certificate authority is to prevent them from issuing new
             | certificates. Since certificates have a finite lifetime,
             | the certificate authority would as well and would have
             | immediately no further revenue from certificates.
             | 
             | I _am_ saying  "pulling the plug" without notice is going
             | to take down tens of thousands of bystanders and anyone
             | using those certificates for business would be unable to
             | conduct business securely online, which would be
             | disastrous. For example amazon.com has a DigiCert-issued
             | certificate.
        
           | infogulch wrote:
           | I agree. "Revoking everything digicert" is a bit imprecise,
           | "preventing digicert from issuing new certificates" is a more
           | reasonable measure that actually only damages the parties
           | that deserve it (digicert) and spares innocent bystanders
           | (their customers).
        
       | jchw wrote:
       | Web PKI drama is always astonishing to me because it is one of
       | the only areas of the entire world where a corporation's "fucking
       | around" is seldom ever _not_ followed by a sobering  "finding
       | out" period. The various entities that decide what CAs to trust
       | can effectively dismantle any CA business in the world, basically
       | at the drop of a hat. If DigiCert decides to play this game and
       | lose, it would make them the biggest such loser so far. DigiCert
       | is, as far as I know, the largest CA on the Internet. It would
       | certainly send a strong message, and cause a lot of chaos, if the
       | biggest CA on the Internet found itself being removed from trust
       | stores. Yet, there's no particular reason it couldn't happen. How
       | exciting.
       | 
       | Of course, I think that is unlikely, but on the other hand, it's
       | just as cathartic to imagine whatever idiot at DigiCert thought
       | it was a good idea to engage legal here to have the dressing down
       | of a lifetime. I read the thread in question. It doesn't make
       | DigiCert look good, but this action definitely is more damning to
       | them than anything Collan said in my opinion.
        
         | userbinator wrote:
         | _It would certainly send a strong message, and cause a lot of
         | chaos, if the biggest CA on the Internet found itself being
         | removed from trust stores._
         | 
         | How many will agree to that removal? How many will see one more
         | reason to forever turn off automatic updates and decide what to
         | trust themselves, having seen yet another way some faceless
         | entity they never knew about can break things?
         | 
         | It will certainly send a strong message, but likely not the
         | intended one. All it will do is increase the lack of trust in
         | centralised PKI in general.
        
           | jchw wrote:
           | I'm not sure how to put this nicely, but I'll try my best:
           | The normal people, who account for 99% of the end users of
           | DigiCert's customers, are not going to disable updates on
           | their web browser or their OS to "take a stand" against this
           | decision. (And corporate users can't do this anyways, since
           | it's not in their hands, and keeping things out of date is
           | not a reasonable option for an organization that has security
           | standards.) Most of them won't know what is going on here,
           | and if they hear about it, probably won't care or know what
           | to do about it. That's the Web PKI infrastructure working as
           | intended, because it would be infeasible for billions of
           | people to properly understand the gravity of all of these
           | decisions. In order to ensure that TLS connections are at
           | least minimally safe, it's pretty much necessary for things
           | to work this way.
           | 
           | I'm not arguing that it's good that a relatively small number
           | of entities (mainly Google, Microsoft and Mozilla) decide
           | which CAs are trustworthy, but that's all the more reason
           | that it's important for all of this Web PKI work to happen
           | completely in the open, so that the few who can spare the
           | time and effort to scrutinize what is going on can help the
           | rest of us have a safer Internet. We don't have a better
           | solution. That's also why DigiCert issuing legal threats
           | because they don't like how one of these issue reports makes
           | them look is a serious problem that can't be tolerated.
        
             | LegionMammal978 wrote:
             | > The normal people, who account for 99% of the end users
             | of DigiCert's customers, are not going to disable updates
             | on their web browser or their OS to "take a stand" against
             | this decision.
             | 
             | I'd imagine that they wouldn't do it to "take a stand" so
             | much as "avoid the risk of getting their stuff broken in
             | the short term" in this scenario, regardless of whichever
             | party loses the blame game. See: the recent WordPress
             | drama, which has turned customers away from both parties
             | involved.
        
               | jchw wrote:
               | As I understand it, the way certificate authorities are
               | removed from the trust store is progressive: they will
               | announce a date after which new certificates from a given
               | CA will no longer be trusted. I think this can be made
               | even more progressive, by limiting the validity period of
               | new certificates that will be trusted. DigiCert will have
               | little recourse other than to let their customers know,
               | and/or start providing certificates issued by another CA
               | that follows the web PKI procedures and remains trusted.
               | (They _can_ still do that, of course, it 's just that
               | their own certificates issued by them directly won't be
               | trusted anymore.)
               | 
               | On the flip side, for user impact, it will play out like
               | this: Some bank or other important entity could possibly,
               | for whatever reason, continue using a (presumably
               | expired? unless DigiCert continues issuing anyways; note
               | that most likely, they will _not_.) DigiCert certificate
               | after the cut off date, which will lead to users
               | receiving errors. Some of them will have HSTS setup,
               | which will lead to an emergency situation where they
               | _have_ to issue a new certificate ASAP, as it will
               | basically halt their business until they do. For places
               | where there is no HSTS, users may be instructed to simply
               | bypass the certificate warning temporarily, and support
               | lines will be absolutely swamped until they actually fix
               | the problem.
               | 
               | The WordPress situation is quite different. You don't
               | _have_ to use WordPress. Users don 't even know what the
               | Web PKI _is_ to find an alternative to it, not that there
               | is one or will be one.
        
               | snailmailstare wrote:
               | Sure some users would keep the CA active out of fear,
               | while everyone paying digicert would also begin to move
               | out of fear.. What portion of the strange sort of sites
               | that couldn't figure out how to get off but could figure
               | out how to renew would bother with paying for a different
               | error message?
        
             | cortesoft wrote:
             | > mainly Google, Microsoft and Mozilla
             | 
             | They don't have free rein to do whatever they want. If they
             | chose to remove them, they are going to have to be ready to
             | defend themselves in court.
        
               | jchw wrote:
               | Why exactly do you think certificate authorities have a
               | legal right to appear in trust stores?
        
               | saurik wrote:
               | Is that really the claim, though? If someone chooses to
               | punish DigiCert for compliance with the TRO then DigiCert
               | might have grounds to file for declarative relief from
               | the court, as the court could very well decide to help
               | protect DigiCert from external consequences of their
               | demand.
        
               | nickf wrote:
               | Perhaps, but only in the case that the delayed
               | revocations were scoped to those certificates covered by
               | the TRO, and not over 1000x more from subscribers who had
               | nothing to do with the company who filed the TRO.
        
               | jchw wrote:
               | Well personally, I think that'd be a terrible position
               | for them to take. Honoring the TRO is, as far as I can
               | tell, not the issue that is being raised.
        
               | cortesoft wrote:
               | This case literally involves the courts getting involved
               | in what should appear in trust stores. DigiCert was
               | ordered by the courts to not revoke certificates via a
               | TRO.
               | 
               | If the browsers removed DigiCert, DigiCert could
               | certainly sue based on the harm to their business. They
               | could argue that the browser vendors were inconsistent
               | with the application of their rules. They could argue
               | that the browser vendors were unfairly competing by
               | kicking them out.
               | 
               | Not saying they would win all these, but they would
               | certainly fight it - the alternative would be the end of
               | DigiCert, they aren't going to go down without a fight in
               | whatever venue they can find.
        
               | SkiFire13 wrote:
               | > DigiCert was ordered by the courts to not revoke
               | certificates via a TRO.
               | 
               | ... and DigiCert did not try to appeal the TRO.
        
               | cjbprime wrote:
               | Those companies are always ready to defend themselves in
               | court, and this is a country with extremely strong free
               | speech rights.
        
               | chgs wrote:
               | What country?
        
               | justinclift wrote:
               | Both Google and Microsoft tend to act like they have
               | enough money and lawyers to defend whatever behaviour
               | they feel like engaging in.
        
             | userbinator wrote:
             | _The normal people, who account for 99% of the end users of
             | DigiCert 's customers, are not going to disable updates on
             | their web browser or their OS to "take a stand" against
             | this decision._
             | 
             | ...unless they notice the breakage, and you tell them to do
             | so to stop it.
        
               | jchw wrote:
               | Ignoring the policy reasons that this won't happen, not
               | all devices can be downgraded, so by then it's too late
               | anyway. Best you can do is bypass a non-HSTS certificate
               | warning.
               | 
               | That all assumes DigiCert continues issuing certificates
               | they know won't be trusted. I assume most likely what
               | will actually happen is they have to start selling
               | certificates from another CA, but failing that they're
               | probably just going to stop issuing certificates before
               | the cutoff.
        
           | edelbitter wrote:
           | Many systems do not fetch updates from the Mozilla root
           | store, but from their (possibly Debian-derived) stable
           | distribution of it. Meaning two highly respected entities,
           | known for being well aware of the wider impact of their
           | careful enforcement of strict policies, need to agree to
           | cause any major breakage. When that happens, I can blindly
           | trust they did the thing needed to keep the unaffected parts
           | of that weird system working as intended.. and then still
           | head to bugzilla and read about the background - to laugh at
           | whoever triggered the mess.
        
             | SkiFire13 wrote:
             | > Meaning two highly respected entities, known for being
             | well aware of the wider impact of their careful enforcement
             | of strict policies, need to agree to cause any major
             | breakage.
             | 
             | Note that this is not a "both" but a "any of them". One can
             | disagree with the other on this and still cause wide
             | breakage.
        
           | pilif wrote:
           | If DigiCert were to lose browser trust (at this point, that's
           | still a big if), it would happen the same way it happened
           | with prior CAs, some of which were pretty big themselves
           | (Symantec): all certificates issued after some date would not
           | be trusted, yes. But all existing certificates would remain
           | valid.
           | 
           | This gives certificate owners ample time to look for a
           | different issuer and no certificate buyer would deliberately
           | purchase a certificate from an issuer when they know some
           | percentage of users will not trust that cert.
           | 
           | So for the end users, everything will keep working: the
           | existing digicert certs stay valid and newly refreshed certs
           | will be signed by a different authority. There is no need to
           | turn off automatic updates over this.
           | 
           | Between Entrust and Symantec, we've already seen this happen
           | to large well-known CAs and everything remained fine (not for
           | the offenders, but, hey, that's the system working as
           | intended)
        
           | woodruffw wrote:
           | > All it will do is increase the lack of trust in centralised
           | PKI in general.
           | 
           | "In general" is a broad statement, given that the
           | overwhelming majority of people using the Web PKI have no
           | idea that they're doing so. DigiCert is not a legible part of
           | the value chain for the average users; they won't notice that
           | the sites they use switch CAs. This strong disfavoritism
           | towards vendors is arguably one of the Web PKI's greatest
           | strengths.
        
         | twisteriffic wrote:
         | It's refreshing to see folks who're obviously used to hiding
         | behind clouds of bullshit get skewered by people who both know
         | enough to see through it and have the time and energy to follow
         | every thread to completion.
         | 
         | The most recent digicert thread smells suspiciously similar to
         | those that lead up to the Entrust debacle.
        
         | chicom_malware wrote:
         | > It would certainly send a strong message, and cause a lot of
         | chaos, if the biggest CA on the Internet found itself being
         | removed from trust stores
         | 
         | Their customers would be forced to give their business to
         | Honest Achmed[1].
         | 
         | [1] https://bugzilla.mozilla.org/show_bug.cgi?id=647959
        
           | skissane wrote:
           | Someone should start a real CA business, complete with all
           | the proper audits and everything to get it into the browser
           | trust stores... and call it "Honest Achmed's Used Cars and
           | Certificates" (have it buy some random used car dealership in
           | the middle of nowhere so the name is not a lie)
           | 
           | Where's a billionaire troll when you need one? (And a form of
           | billionaire trolling that would upset a lot less people than
           | Musk's version of it.)
           | 
           | Would be even funnier if the billionaire's name actually was
           | Achmed
        
             | justahuman74 wrote:
             | What has prevented this (a good legit CA co) from happening
             | before now?
        
               | SpicyLemonZest wrote:
               | Let's Encrypt has been around for a decade and is doing
               | pretty well for itself. The manual validation required
               | for EV and OV certificates precludes it from being a
               | passion project, unless managing a call center and a
               | squad of document reviewers is your dream job.
        
               | Thorrez wrote:
               | Let's Encrypt doesn't issue EV and OV. Honest Achmed's
               | Used Cars and Certificates wouldn't have to either.
        
               | boricj wrote:
               | It wouldn't be fun if Honest Achmed's Used Cars and
               | Certificates didn't also issue EV and OV certificates. It
               | wouldn't be on brand to miss out on entire segments of
               | the certificate market.
        
               | nickf wrote:
               | Time and money. Plus right now even if you bought the
               | infra, the staff, paid for and passed the audits, and
               | then waiting while Apple, Mozilla, Google and Oracle (at
               | least) included your roots...Microsoft aren't taking more
               | right now. So you have to wait for some unknown time in
               | the future when/if they start doing that again. You could
               | purchase a root off an existing CA, subject to the trust
               | stores approving it, and the boatload of cash you'd need
               | to buy it (plus still having the staff and infra to
               | operate it).
        
               | skissane wrote:
               | > Microsoft aren't taking more right now. So you have to
               | wait for some unknown time in the future when/if they
               | start doing that again.
               | 
               | Interesting, I hadn't heard that, is there anywhere I can
               | read more about it?
               | 
               | > You could purchase a root off an existing CA,
               | 
               | As well as a sub-CA, I remember in theory you can have
               | two independent CAs with cross-signing... but do browsers
               | actually support that?
        
               | nickf wrote:
               | Nothing public to point to, sorry.
               | 
               | Sub-CAs: Not really. Operational risk to the parent CA is
               | huge, you'd be hard pressed to get any current public CA
               | to sign an issuing CA to be operated externally. Cross-
               | signing still works (though it is the stuff of nightmares
               | in many cases) but again you have to have money and a CA
               | willing to do it!
        
               | zinekeller wrote:
               | "Nothing public to point out to" is probably accurate but
               | it is noted publicly here:
               | https://learn.microsoft.com/en-us/security/trusted-
               | root/new-...
        
               | rocqua wrote:
               | Where's the value?
               | 
               | Anyone can get a cert from lets-encrypt. No users of your
               | website care how trustworthy your CA is. And CA's are too
               | big to fail, so you barely need to worry about your CA
               | being removed by the trust store. So you can only compete
               | on price.
               | 
               | If we want to change this, we need a way for a
               | certificate to be co-signed by multiple CA's. So that the
               | certificate can be presented to the user, and they can
               | figure out if any trusted CA of theirs has signed the
               | certificate _. This way, revoking trust in a CA becomes
               | easier, because people should have multiple signatures on
               | their certificate. That means, all of a sudden, that the
               | quality of a CA actually matters.
               | 
               | _ Whilst it might seem this is already possible, it is
               | not. Cross-signing is only a thing for intermediate
               | certificates, and does not work. You can also have
               | multiple certificates for the same key, but when starting
               | a TLS session, you must present a single certificate.
               | (This seems to have changed for TLS 1.3, so perhaps this
               | is already possible?)
        
               | toast0 wrote:
               | I think TLS 1.3 still requires the end entity
               | (server/client) cert first. All the other certs can now
               | be in any order and the verification is suppoaed to
               | figure out a valid path.
               | 
               | In theory, you could make an intermediate CA and get
               | cross signed certs from multiple CAs (hopefully with Name
               | Constraints), your intermediate CA signs your server
               | cert, and you include all your cross certs and the
               | intermediate certs for those. And the client figures out
               | which chains it can make and if it likes any of them.
               | 
               | But experience has shown, verification may find _a_ chain
               | with signatures that line up, but the CA is expired or
               | revoked in the local trust store, and reject the
               | verification, even though another chain could have been
               | found with the provided certificates.
               | 
               | And, because of the limited information in tls handshakes
               | from real world clients, it's difficult (maybe
               | impossible) to know which CAs a client would accept, so
               | that the server could present an appropriate chain.
        
           | justahuman74 wrote:
           | I'm actually curious why that wasn't approved
        
             | woodruffw wrote:
             | To my understanding, the point of Honest Achmed was to
             | demonstrate that it was possible to write a facially
             | reasonable and compliant CA inclusion request that was also
             | intuitively unacceptable. It successfully demonstrated that
             | the inclusion policies at the time needed to be made more
             | rigorous, which they were.
        
           | bigfatfrock wrote:
           | Thank you, that was an awesome laugh this morning, that
           | request was genius:
           | 
           | > 2. Sub CAs Operated by 3rd Parties
           | 
           | > Honest Achmed's uncles may invite some of their friends to
           | issue certificates as well, in particular their cousins Refik
           | and Abdi or "RA" as they're known. Honest Achmed's uncles
           | assure us that their RA can be trusted, apart from that one
           | time when they lent them the keys to the car, but that was a
           | one-off that won't happen again.
        
         | account42 wrote:
         | > It would certainly send a strong message, and cause a lot of
         | chaos, if the biggest CA on the Internet found itself being
         | removed from trust stores. Yet, there's no particular reason it
         | couldn't happen. How exciting.
         | 
         | Trust stores and Browsers specifically have more options than
         | simply remove a CA. A more reasonable approach for distrust
         | process of a CA this size would be to stop accepting any new
         | certificates issued after a certain date. Then existing
         | customers will have a heads up and even if asleep will find out
         | the bad news during scheduled renewal rather than while the
         | responsible employees are on vacation.
        
         | axus wrote:
         | Is there any option to turn off trust for all certificates
         | generated after a certain date? The ideal would be to let old
         | certificates keep working, and not trust new ones.
        
           | duskwuff wrote:
           | It's been done previously, e.g. for Symantec:
           | 
           | https://security.googleblog.com/2017/09/chromes-plan-to-
           | dist...
        
       | Arnavion wrote:
       | Even taking the (one-sided) depiction of the conversations in
       | DigiCert's letter at face value, maybe Sectigo's guy was being a
       | git at best and intentionally trolling at worst. (I don't think
       | he was, but let's play devil's advocate.) But even then, how did
       | DigiCert think getting legal involved would possibly go well?
       | Sectigo stands to gain publicity and lose nothing by going public
       | with it to the CAB as they did here, and it's not like the CAB is
       | going to play marriage counselor and get the two companies to
       | make up because one of them got their feefees hurt.
       | 
       | Besides, this kind of hyper-polite passive-aggressive "erm
       | akchually" conversation happens in every CAB incident discussion.
       | I don't know why DigiCert got particularly upset about this one.
        
         | akerl_ wrote:
         | > Besides, this kind of hyper-polite passive-aggressive "erm
         | akchually" conversation happens in every CAB incident
         | discussion.
         | 
         | As somebody who doesn't spend much time scrolling CAB reports,
         | this was jarring to me.
         | 
         | Digicert's legal action seems nuts, and there seems like a
         | real, risky issue in the idea that a company's customers can
         | use the legal system to block the company from complying with
         | its obligations to other entities, but it's hard to see any way
         | that could be productively addressed given the back and forth
         | in the thread. It's like I'm watching a theatrical production
         | staring the most stereotypical corporate drones trading
         | comments with the most stereotypical IRC nerds, both sides
         | doing circles around an interesting topic but too busy trading
         | blows to ever really get to it.
        
           | SpicyLemonZest wrote:
           | > there seems like a real, risky issue in the idea that a
           | company's customers can use the legal system to block the
           | company from complying with its obligations to other entities
           | 
           | As Digicert has repeatedly explained, this is simply how the
           | United States legal system works. Courts have broad and
           | indisputable power to issue temporary restraining orders, and
           | the parties to a case must comply even if doing so violates
           | some promise they made to a third party. (The point of the
           | TRO is to maintain the status quo while the court figures out
           | details like what promises have been made to who.) People in
           | the PKI community who believe that some carefully written
           | policy would enable CAs to reject an invalidation TRO, or
           | convince a court that they cannot issue it, are wrong.
           | 
           | The reason it's never come up before is that no CA had
           | previously attempted to enforce a widespread 24 hour
           | revocation caused by its own error.
        
             | cjbprime wrote:
             | (I think Sectigo's argument is that Digicert did not even
             | attempt to convince the court that it should be allowed to
             | revoke those certificates in the mandated timeframe. If
             | they had attempted and failed, I don't think they would be
             | receiving criticism.)
        
               | SpicyLemonZest wrote:
               | That's their argument, yes, but it was clearly based on
               | the incorrect belief that there's some emergency button
               | you can press to demand that a court consider your
               | arguments ASAP. As Digicert explained:
               | 
               | > The legal world does not move as fast as the demands of
               | our CA ecosystem. Our legal approach was to work with the
               | complainant's legal team to get the TRO dismissed in 5
               | days.
               | 
               | The court would not have dissolved the TRO in anywhere
               | close to 5 days without the complainant's cooperation,
               | even if Digicert had an ironclad argument for doing so.
               | Digicert made the right choice to get the certificates
               | rotated as fast as possible - and I don't think Sectigo
               | intends to argue it would be better to stand on principle
               | even if that makes the revocation slower.
        
               | cjbprime wrote:
               | > the incorrect belief that there's some emergency button
               | you can press to demand that a court consider your
               | arguments ASAP
               | 
               | ... isn't that exactly the legal button the complainant
               | pushed to prevent the revocation?
        
               | SpicyLemonZest wrote:
               | Should've been more specific. You can _ask_ a court to do
               | all kinds of things, but the individual judge who reads
               | your filing doesn 't have to (and in most cases can't)
               | carefully analyze your arguments that day. They need time
               | to think it over, and probably hearings where you and the
               | other party can explain all the arguments for why certain
               | rulings should or shouldn't be made. A contract dispute
               | like this, where one party says they have a right to do
               | something and the other party says they don't, is almost
               | always going to take longer than 1 or 5 or 30 days for a
               | court to figure out.
               | 
               | Temporary restraining orders are the biggest exception.
               | If DigiCert is about to do something crazy like take down
               | all your websites, courts are generally willing to put a
               | temporary stop to it without understanding all the
               | details. "Preserve the status quo" and "prevent
               | irreparable harm" are the buzzwords.
        
               | darkarmani wrote:
               | > If DigiCert is about to do something crazy like take
               | down all your websites, courts are generally willing to
               | put a temporary stop to it without understanding all the
               | details. "Preserve the status quo" and "prevent
               | irreparable harm" are the buzzwords.
               | 
               | So if DigiCert's irreparable harm was great would that
               | prevent it? Like legally requiring CAs to follow their
               | revocation policies or pay millions in damages?
        
               | SpicyLemonZest wrote:
               | Are there actually millions in damages being caused by
               | delaying revocation of these certificates? Courts are
               | generally averse to "penalty clauses" where you make up a
               | nonsense number and call it damages. (Irreparable harm
               | means that ordering monetary compensation can't remediate
               | it, so a more reasonable fee would probably not count.)
        
               | nickburns wrote:
               | You're conflating DigiCert's argument against issuance of
               | the TRO, with the irreparable harm the complaintant
               | (Alegeus) is alleging will occur if the TRO is _not_
               | granted.
        
               | teruakohatu wrote:
               | Could they not have had a clause in the contract saying
               | "if you delay a revocation in any manner you owe us $100
               | million."?
               | 
               | So a customer could go right ahead and get a TRO but long
               | term it will cost them less than making sure their
               | infrastructure can handle this rare event?
        
               | SpicyLemonZest wrote:
               | Liquidated damages are possible, but they have to have
               | some relationship to the damages suffered, so $100
               | million is probably far too high. In any case, I think
               | the complainant was correct that it was _DigiCert_ who
               | caused the entire scenario to happen by issuing
               | certificates which they should have known were invalid.
        
               | lelandbatey wrote:
               | One customer filed a TRO saying "don't revoke my certs".
               | DigiCert then said "well, I guess we can't revoke any of
               | the certs for the 80,000+ other customers either". That's
               | stupid, and not acceptable. Instead, revoke the other
               | 79,999 customers and communicate to the CABF saying
               | "we've got one holdout that we are legally prevented from
               | acting on." DigiCert didn't do that. They're acting not
               | on behalf of transparently representing the interests of
               | the CA/Browser Forum, instead they're trying to save
               | their own skin from both sides. That's _not good enough_.
        
             | akerl_ wrote:
             | I don't think I disagree with you about what courts can do.
             | And (as shown by all the back and forth in the CAB thread,
             | and now here), it is risky: we currently have a situation
             | where CAs can find themselves in a position where taking
             | court-mandated actions (or lack of actions) puts them in
             | jeopardy with the CAB, and violating court orders puts them
             | in jeopardy with the government.
             | 
             | For all the back and forth in the CAB thread, it doesn't
             | seem we're any closer to finding an escape valve for that,
             | which seemingly would have to come from the CAB because
             | there isn't even really a mechanism for courts to decide
             | not to issue TROs about cert revocation, short of somehow
             | taking a case around this to the Supreme Court (which isn't
             | going to happen).
        
           | joshuaissac wrote:
           | > but it's hard to see any way that could be productively
           | addressed given the back and forth in the thread
           | 
           | Another commenter mentioned in a sibling thread the
           | possibility of using future-dated revocations. The CA could
           | be mandated to publish such a revocation immediately, such
           | that it takes effect by the 24-hour deadline. Once published,
           | the revocations themselves should be irrevocable. This would
           | also need to be accounted for in the CA's customer contracts.
           | 
           | https://news.ycombinator.com/item?id=43169867
        
             | akerl_ wrote:
             | As the comment you linked to notes, that doesn't really fix
             | the problem so much as it ensures that the CA's legal team
             | gets to work nights and weekends for the next year.
             | 
             | The legal system is almost certainly going to view future-
             | dating and immediately publishing revocations poorly in any
             | civil action where a customer claims harm.
        
       | webprofusion wrote:
       | Always two sides to a story but the guy who caused the validation
       | bug at DigiCert already _resigned_ because of it (which is
       | extreme), the Sectigo guy wanted to prevent the bug being closed
       | so he could keep pushing them (in a subjectively prickly fashion)
       | for more answers about their general responsiveness.
       | 
       | A bit of back and forth discourse is fine and expected, but if
       | you keep pushing someone who has their own legal dept they're
       | eventually going to wander over to the coffee machine and have a
       | chat about it with them, then they're going to take a look and it
       | becomes their problem.
       | 
       | So the number one rule would be don't even breath the word
       | "legal" unless you want to invoke them. This particular response
       | is just a letter telling them to back off and it's why you have a
       | legal dept, so they can argue with each other. This one has just
       | found it's way into the open.
       | 
       | There is a understandable perspective that says CAs shouldn't be
       | burdened with legal risk in their discussions, but that's
       | contrary to the fact these guys are commercial entities
       | protecting their interests, so you don't get it both ways unless
       | all your CAs are non-commercial, and even then that would only
       | extend so far.
        
         | willvarfar wrote:
         | You've given a detailed rundown like you've been following, so
         | what is your sense about the resignation? Did the guy resign
         | willingly, or is Digicert the kind of management that likely
         | scapegoated him?
        
           | braiamp wrote:
           | He assumed personal responsibility rather than institutional.
           | At the time, everyone in the community expressed alarm that
           | that happened, because 1) and this is obvious, there's no way
           | a single guy would be responsible for the entire fallout and
           | 2) because it sets a bad precedent about what companies can
           | do with their PoC wrt web PKI. It also meant a loss in
           | institutional knowledge about how things worked.
        
             | smithcoin wrote:
             | Do you have any resources regarding the resignation I could
             | read?
        
               | lelandbatey wrote:
               | Here's the long message he left stating in part his
               | resignation. The comments which follow spend quite some
               | time speaking about his resignation:
               | https://bugzilla.mozilla.org/show_bug.cgi?id=1910322#c17
        
         | account42 wrote:
         | Perhaps they should have also had a chat with their PR
         | departement. And anyone responsible for company strategy.
         | Becose the actions of the legal department just backfired.
        
       | nneonneo wrote:
       | In a nutshell:
       | 
       | DigiCert has delayed revocation beyond what's allowed in the
       | Baseline Requirements a few times; most recently,
       | https://bugzilla.mozilla.org/show_bug.cgi?id=1896053 and
       | https://bugzilla.mozilla.org/show_bug.cgi?id=1910805. In the
       | former case, it seems DigiCert chose to delay revocation to
       | appease certain clients; in the latter case they were prohibited
       | by a Temporary Restraining Order (TRO) from performing timely
       | revocation.
       | 
       | Tim Callan from Sectigo has publicly lambasted DigiCert for these
       | delays, since in both cases it seems DigiCert hasn't pushed back
       | hard enough on its clients. In the latter case, there's concern
       | that measures like TROs might be employed more often to stall
       | revocation. Sectigo (and others in the WebPKI ecosystem) seem to
       | want DigiCert to make the revocation policies very clear to
       | clients and to ensure that clients can actually replace their
       | certificates in a timely manner.
       | 
       | Sectigo is clearly the most vocal but they don't seem to be the
       | only ones telling DigiCert to get their delayed revocation under
       | control. So the escalation to legal threats is really uncalled
       | for, and DigiCert could face some very significant pushback for
       | trying this tactic.
        
         | RHSeeger wrote:
         | What is the correct action when a TRO says a company cannot
         | revoke the cert? Is it that the company will delay revocation,
         | but will push the judicial system to resolve the issue as fast
         | as possible?
        
           | nneonneo wrote:
           | DigiCert probably should have revoked every cert they _could_
           | within 24 hours. Instead they just pushed the revocation of
           | all 80,000+ certs out to five days.
           | 
           | It's quite likely that many of their other clients pushed
           | back on the 24-hour timeline (similar to what happened in
           | their previous incident); I believe the delayed revocation
           | issue (https://bugzilla.mozilla.org/show_bug.cgi?id=1910322)
           | hints at this. The TRO gave them a convenient excuse to delay
           | all revocations without having to explain all over again why
           | they made exemptions for their special clients.
           | 
           | Heck, their status page
           | (https://status.digicert.com/incidents/3sccz3v31lc9) even
           | gives instructions for how to request a delayed revocation -
           | even though the initial incident page
           | (https://www.digicert.com/support/certificate-revocation-
           | inci...) says clearly:
           | 
           | "Any issue with domain validation is considered a serious
           | issue by CABF and requires immediate action. Failure to
           | comply can result in a distrust of the Certificate Authority.
           | As such, we must revoke all impacted certificates within 24
           | hours of discovery. No extensions or delays are permitted. We
           | apologize if this causes a business disruption to you and are
           | standing by to assist you with validating your domain and
           | issuing replacement certificates immediately."
        
           | Dylan16807 wrote:
           | I think the eventual correct option is pretty clear.
           | 
           | A TRO like that is based on the company loudly declaring that
           | revoking will cause real damage. That means their use of
           | certificates is incompatible with the web PKI rules and
           | ecosystem. That means they need to be migrated out ASAP, with
           | _every_ certificate authority refusing to take their
           | business.
           | 
           | Make that series of consequences clear, and companies will
           | stop trying that trick.
        
             | asmor wrote:
             | I think that's pretty unrealistic, considering that X.509
             | is a de-facto and de-jure standard in a lot of places that
             | also ignore that requirement. It's not always up to that
             | company to make it possible to replace certificates easily,
             | it's an entire chain of vendors (I know at least
             | Salesforce's process would fail here). Unless you want
             | those people to run self-signed/private CA certs.
             | 
             | The other option would be building in a way to revoke other
             | CA's individual certificates if there's some consensus on
             | them being compelled to not revoke them. Not sure if the
             | status quo or this would be more dangerous, but if a TRO
             | can compel a CA to not sign a revocation, can it also
             | compel to sign a certificate?
        
               | nickf wrote:
               | The parent was correct - it's not about the company not
               | using x509 certificates, but not using _publicly_ trusted
               | certificates. There are myriad private /internal PKI
               | solutions available from OpenSSL & bash to millions of
               | dollars of solutions from Big Vendor. If you can't
               | replace the publicly-trusted certificate quickly, you
               | probably don't need it to be publicly-trusted in the
               | first place.
        
               | jeroenhd wrote:
               | A company chooses its vendors. If its vendors turn out to
               | be incompetent, they should choose again once the damage
               | has been done. Just because Salesforce can't get their
               | stuff together doesn't mean the CA industry needs to bend
               | the knee. Let Salesforce figure out how to automate
               | certificates, they've been in the business for long
               | enough.
               | 
               | If running a private CA or self-signed certificates are
               | even viable, then there are plenty of other workarounds
               | that can be put in place (i.e. not updating the CRL so
               | the software doesn't know about revocations).
               | 
               | If a CA's terms and legal documentation aren't tight
               | enough to prevent a court from compel them to sign a
               | certificate, that CA clearly cannot be trusted. Hopefully
               | that issue can be fixed by writing clearer terms and
               | better agreements, like people have been telling Digicert
               | to do, but perhaps that's not possible at all. In that
               | case, either the company should move to a jurisdiction
               | where that kind of nonsense isn't possible, or it should
               | be removed from global trust stores all together.
        
               | asmor wrote:
               | > A company chooses its vendors. If its vendors turn out
               | to be incompetent, they should choose again once the
               | damage has been done.
               | 
               | You say that and yet Teams has 320 million people using
               | it, and I bet almost none of them enjoy the experience.
               | Sometimes you just have to work with what you're given.
               | Given "incompetence", we might as well throw in all of
               | Azure.
               | 
               | > Let Salesforce figure out how to automate certificates,
               | they've been in the business for long enough.
               | 
               | That might be true for DV, but there's classes of
               | certificates that take at least weeks to obtain, think
               | BIMI VMC or codesigning.
        
               | roblabla wrote:
               | > You say that and yet Teams has 320 million people using
               | it
               | 
               | Yeah, there are tons of companies who chose Teams as a
               | vendor (because it's bundled with other stuff), and
               | inflict it on their employees. It was still absolutely
               | their choice.
        
             | hmmm-i-wonder wrote:
             | DigiCert and other CA's need to write in their terms that
             | failure to follow the policies and revocation timelines
             | can/will result in termination of the contract. Alegeus
             | should have been dropped as a customer as soon as the
             | incident was resolved and refused further
             | products/renewals.
             | 
             | Use of a TRO protects you short term, but results in having
             | to migrate to a new CA medium term. You can't stop them
             | from using TRO's but you can make it not worth it.
        
               | HelloNurse wrote:
               | Is the CA allowed to stipulate that the customer (before
               | being dropped) needs to pay a significant sum for, say,
               | "expenses" if they resort to this kind of TRO?
        
               | hmmm-i-wonder wrote:
               | Possibly, I'm not sure if there is precedent for charging
               | a company for taking valid legal actions, only vexatious
               | in contract law. Probably depends on the legal
               | jurisdiction and courts.
        
           | kevin_thibedeau wrote:
           | How can a court inhibit revocation when every CA declares
           | their right to do so when you purchase a certificate?
        
             | saurik wrote:
             | I can declare my right to do something as much as I want...
             | that doesn't mean I get to do it, certainly not if a judge
             | decides I can't.
        
             | AnthonyMouse wrote:
             | The better question is, how do you prevent this tactic from
             | working?
             | 
             | For example, suppose there were required to be multiple
             | parties who could issue a revocation, each in a different
             | jurisdiction, and if any of them was ordered _not_ to do it
             | then the others would be required to do it, and would have
             | the technical capacity to do it but not be subject to the
             | jurisdiction of that court.
        
               | tadfisher wrote:
               | Well, you can contest the motion for a TRO, for a start.
               | Digicert failed to do so.
               | 
               | You can stick with your policies and revoke the
               | certificate within 24 hours, instead of delaying
               | revocation until a case is open and a motion for a TRO is
               | filed. Digicert failed to do so.
               | 
               | You can stick with your policies and revoke the cert in
               | face of the legal consequences, and deal with them
               | accordingly. Again, Digicert failed to do so.
        
               | tkfu wrote:
               | Correction, the petition for the TRO was filed ex parte.
               | Digicert did not have any opportunity to respond before
               | it was granted.
               | 
               | They certainly could have filed a response contesting the
               | TRO. Then their customer could have filed another motion,
               | and eventually (7 days later in this case) the judge
               | would have ruled on the substance of it. Their judgement
               | was that it would be preferable to work with the customer
               | to resolve the technical issues with revocation, and
               | submit a joint request to dismiss the TRO. The stated
               | reasoning behind this was that it would be significantly
               | faster than contesting the TRO. This is true: the certs
               | were revoked and the TRO dropped within 3 days.
               | 
               | I think the communication on that point was severely
               | lacking, as they only clarified it three months later and
               | after significant hectoring in two different bug threads:
               | https://bugzilla.mozilla.org/show_bug.cgi?id=1910805#c43
               | 
               | I also think it's reasonable not to take Digicert's
               | statements at face value, given their history. But I
               | think both of the points you made here are wrong:
               | 
               | > You can stick with your policies and revoke the
               | certificate within 24 hours, instead of delaying
               | revocation until a case is open and a motion for a TRO is
               | filed. Digicert failed to do so.
               | 
               | Let's be clear about the timeline: Digicert notified
               | their customers that the certs would be revoked. In
               | between the time they notified the customer and the time
               | of revocation (less than 24 hours), the customer got the
               | ex parte restraining order. Are you suggesting that
               | issuers should revoke certificates without notifying
               | their users, so that the users don't have time to get an
               | emergency TRO? I believe that would be in violation of
               | the BRs.
               | 
               | > You can stick with your policies and revoke the cert in
               | face of the legal consequences, and deal with them
               | accordingly. Again, Digicert failed to do so.
               | 
               | By "revoke the cert in face of the legal consequences" do
               | you mean "openly defy a valid and legal court order"?
               | Because that would also violate the BRs.
        
               | nickf wrote:
               | Just to be clear, the whole incident covered over 80,000
               | certificates. The TRO was applicable to only those of one
               | subscriber - just over 70 certificates, yet caused the
               | revocations of all 80k+ to be delayed.
        
               | hmmm-i-wonder wrote:
               | To add to this, 3 days after the TRO was filed both
               | parties moved to vacate the TRO.
               | 
               | DOCKET TEXT ORDER. 9 Joint Motion to Vacate 3 Order
               | Granting Ex Parte Motion for TRO is GRANTED
               | 
               | I'm not sure DigiCert could have done anything about the
               | TRO or the impacted certs, but it should have been able
               | to move forward with the revocation of all other
               | certificates. That IMO is the real issue/failure,
               | alongside the concern/impact of TRO's on security
               | processes in the future.
        
               | tristor wrote:
               | > By "revoke the cert in face of the legal consequences"
               | do you mean "openly defy a valid and legal court order"?
               | Because that would also violate the BRs.
               | 
               | Yes, I think this would have been appropriate action. If
               | the contractual language is extremely clear between the
               | CA and the subscriber, there is no legal basis on which
               | the customer can prevent revocation. The fact they found
               | a court that doesn't understand technology is frankly
               | irrelevant. This detail is exactly why Tim and other
               | parties are requesting the exact language of the
               | agreement between Digicert and the subscriber that filed
               | the TRO. A customer acting in bad faith and abusing the
               | legal system does not compel you to violate your own
               | contract terms, your terms under the CAB/BR, or to take
               | actions which are detrimental to the entire Internet.
               | This is exactly the type of circumstance where you do
               | what you are required to do, and then sort it out
               | afterwards. Any appeals court would have easily
               | overturned the TRO as it has no legal basis.
        
               | SpicyLemonZest wrote:
               | > A customer acting in bad faith and abusing the legal
               | system does not compel you to violate your own contract
               | terms, your terms under the CAB/BR
               | 
               | Yes, it absolutely does. "I think the court will agree
               | with my view of what the contract says once the case is
               | heard in full" is not a valid reason to disregard a TRO.
               | 
               | > or to take actions which are detrimental to the entire
               | Internet
               | 
               | That would be harder. But a delayed revocation stemming
               | from a flawed validation process, when the CA is
               | responsible for the flaw and knows that the result of the
               | validation was in fact correct, simply does not cause any
               | detrimental effects to the entire Internet.
        
               | SpicyLemonZest wrote:
               | You could just require publishing the revocation
               | immediately with an effective date in the future.
               | 
               | Of course, if that system had been in place, DigiCert
               | would probably be facing hundreds of lawsuits from
               | businesses disrupted through no fault of their own rather
               | than inside baseball PKI drama.
        
             | michaelt wrote:
             | It's Saturday and the courts are closed. You park in a car
             | park I own.
             | 
             | I have put up a sign saying I can instantly crush any
             | crossover vehicles I like, as I consider them ugly and
             | lacking in character.
             | 
             | As I load your car into my crusher, you dispute the
             | legality of my sign. But the court is closed until Monday,
             | and the sign says I can crush your car instantly, no
             | waiting.
             | 
             | Should I be allowed to crush your car today? Or should I
             | have to wait until Monday, so the disputed legality can be
             | resolved?
        
               | nkrisc wrote:
               | That's actually a question for you. You won't truly know
               | if you're allowed to until a court decides. You can
               | choose to proceed and crush it, and then deal with the
               | consequences of doing so if it turns out you were wrong.
               | Likely you'll end up owing damages to the owner of the
               | car, perhaps even punitive damages on top.
               | 
               | I think the same applies here.
        
               | hmmm-i-wonder wrote:
               | The TRO actually means you aren't allowed, that's the
               | point. It's an ordered injunction that legally obliges
               | you from not acting until the courts can review the
               | facts.
               | 
               | The court IS deciding, temporarily.
        
               | nkrisc wrote:
               | In this case, yes. That's pretty cut and dry for the time
               | being. However regarding the analogy I was replying to, I
               | was pointing out that it's less a situation of what
               | you're allowed to do and more one of what you believe
               | you're allowed to do, and weighing the consequences of
               | being wrong against upholding your stated terms. In other
               | words, something you should probably discuss with a
               | lawyer.
        
               | account42 wrote:
               | There is no TRO in the car park analogy.
        
               | hmmm-i-wonder wrote:
               | But there is here, so its a flawed analogy.
        
             | dragonwriter wrote:
             | > How can a court inhibit revocation when every CA declares
             | their right to do so when you purchase a certificate?
             | 
             | A court can rule that a term of a contract is void because
             | it contradicts public policy, and it certainly can issue a
             | TRO pausing an action which would otherwise be allowed by a
             | contract while resolving a dispute related to it.
        
           | rlpb wrote:
           | The order would normally be a matter of public record, and
           | the ecosystem should follow these events carefully and ensure
           | never to issue a certificate to such a company again as it
           | undermines the entire system.
        
         | asmor wrote:
         | Isn't Sectigo Comodo? Extra rich coming from them.
        
           | nickf wrote:
           | No, Sectigo is the PKI business that was carved out of
           | Comodo, back in 2017. Comodo still exists, doing whatever
           | they do. They have been totally separate entities since then.
        
         | jeroenhd wrote:
         | Reads to me like Digicert is hiding behind the TRO to protect
         | themselves from upset customers over following the procedures
         | they should have followed. I don't think they want to update
         | their legal work to prevent customers from legal action over
         | revocation, legal action has been working in their favor so
         | far.
         | 
         | For a company whose entire business is verifying company names
         | and handling the CA process, Digicert seems rather unwilling to
         | actually stick to the process. They can't help having a TRO
         | filed against them by customers with incompetent tech such as
         | Alegeus Technologies LLC, but this isn't the first time they've
         | failed to follow the appropriate processes.
         | 
         | Going through the courts to stop negative discourse seems
         | rather crass for a CA. I don't understand why a company that
         | has been subject of suspicion and doubt lime Digicert would do
         | such a thing unless it's a last-ditch effort to get the heat
         | off their backs.
         | 
         | I'm sure their clients love Digicert for not forcing them to
         | replace their certificates at the appropriate times, but
         | they're in for a surprise when this whole thing blows up and
         | they suddenly need to find another cert vendor when Digicert
         | gets delisted.
        
           | michaelt wrote:
           | I dunno, seems to me in the TRO case there wasn't anything
           | wrong with the certificates that had been issued. There
           | wasn't any suggestion the the certificates had been issued to
           | the wrong party or anything like that.
           | 
           | When performing DNS verification there's supposed to be an
           | underscore in a record, which protects sites that let _their_
           | users control arbitrary subdomains - you know, dyndns and
           | things like that. Digicert mistakenly didn 't ask the
           | customer to include an underscore. Could have been a problem,
           | if Alegeus was a dyndns provider - but they aren't.
           | 
           | Then Digicert spent a load of the 24 hour disclosure window
           | checking things on their end, then e-mailed the customers
           | after office hours so when they get in the next day they
           | barely had any time to respond.
           | 
           | The only "incompetent tech" here is the assholes who decided
           | on the policy that certificates be urgently revoked, as if
           | they'd been issued to the wrong person, when they _hadn 't_
           | been issued to the wrong customer.
        
             | Thorrez wrote:
             | >Could have been a problem, if Alegeus was a dyndns
             | provider - but they aren't.
             | 
             | AFAIUI, Alegeus was just 1 customer of Digicert. But
             | Digicert has tons of customers. Just because there wasn't a
             | problem for Alegeus (due to Alegeus not being a dyndns
             | provider), doesn't mean there weren't problems for other
             | Digicert customers.
        
             | wbl wrote:
             | There was something wrong. They hadn't been issued in
             | accordance with the baseline requirements.
        
             | hmmm-i-wonder wrote:
             | The middle ground here is DigiCert should have been able
             | and continued with the revocation of all the other
             | certificates not impacted by the TRO within the policies
             | and contractual agreements it has.
             | 
             | The policy and its designers aren't incompetent, the
             | intention is to ensure security first when fact-finding can
             | take time to establish a subset of actual abuse. This is
             | common in IT/Security and is clearly communicated in the
             | policy customers agree to as well as something agreed on by
             | all CA's. Security > Uptime is the baseline, and while you
             | may disagree with that and have good arguments for the
             | contrary, the argument is much wider than us and has been
             | extensively hashed out in the working groups and
             | discussions around this and other similar issues and is
             | implemented this way by consensus while weighing valid
             | arguments for different approaches and pros and cons.
        
           | hmmm-i-wonder wrote:
           | This seems like a misunderstanding of the TRO.
           | 
           | Alegeus, a client of DigiCert, filed a court motion to stop
           | DigiCert from revoking their certificate. The courts granted
           | the temporary restraining order.
           | 
           | There is no "update their legal work to prevent customers
           | from legal action" that can avoid a temporary restraining
           | order that is ordered by the courts to provide time to
           | establish facts. Its simply how the legal process works.
           | "they can't help but" seems unfair as the issue was the
           | client Alegeus was unable to replace their certificates in
           | the revocation timeline.
           | 
           | Further "Going through the courts", they didn't go to the
           | courts a client of theirs did.
           | 
           | Digicert is absolutely not blameless. Outside of the TRO,
           | they have failed to meet revocation windows before and yes,
           | are likely using the TRO in this instance as a shield for
           | that.
           | 
           | However the TRO itself is a concerning development that all
           | CA's need to consider depending on their legal jurisdiction,
           | as it could put companies in a bind of being legally ordered
           | to not to complete something they are contractually and
           | legally required to do within the required timeline and
           | interrupt standard security practices in cases like this.
        
             | lokar wrote:
             | Would a judge not consider potential harm to each party if
             | the TRO is granted or not?
             | 
             | If the CA could credibly point out they would face severe
             | consequences for failure to revoke, could that have an
             | impact on?
        
               | bluGill wrote:
               | They should - but only if a good lawyer points that out
               | to the courts. Remember the courts are not experts in the
               | technical details in question (and should not be - there
               | are far more details that could come before the court
               | than any human has time to learn), the job of lawyers is
               | to quickly give them enough education to figure it out.
               | 
               | In "Common law" when something goes before a court in
               | slightly different situations the second court will look
               | at what the last one decided to see if it makes sense and
               | if they agree. Then the third time looks at both the
               | previous. After many many cases courts will have seen all
               | the arguments and made decisions and so there is no need
               | to educate the court anymore, they will just look at what
               | was done before and decide the same thing.
               | 
               | Not all courts follow the "common law" above though, and
               | I'm not clear how the other systems are different. (I've
               | only lived in common law areas)
        
               | lokar wrote:
               | Well, if the CA forum had a really clear automatic
               | sanction, I would expect the lawyer to raise that
               | concern.
        
               | bluGill wrote:
               | Other comments have since suggested this was an emergency
               | order where the CA didn't have their lawyer present. The
               | courts said "don't do anything for a week while the real
               | paperwork happens". I don't know the cases in question
               | well enough to figure out if that is correct, but it
               | seems reasonable. But also a week is not very long.
        
               | hyperman1 wrote:
               | An answer for the civil law countries I know of: The laws
               | tend to be more detailled to avoid the situation you
               | describe. Also, there is still a lot of referencing old
               | cases, but it is considered guiding, not binding.
        
               | mistrial9 wrote:
               | hmm Isn't there an applicable standard of review for
               | legal cases?
        
               | hmmm-i-wonder wrote:
               | The TRO was filed for and granted without DigiCerts
               | input. By the time they responded, both parties filed to
               | vacate the TRO (3 days later). Judges I expect weigh, to
               | the best of their abilities, the perceived harm in
               | granting/not granting the TRO. Considering the technical
               | literacy of our court system I expect that leaves much to
               | be desired
        
               | lelandbatey wrote:
               | It was filed and granted without DigiCerts input, yes,
               | but DigiCerts lawyer showed up within 24 hours but then
               | did _not_ do anything. See the courtlistener link:
               | https://www.courtlistener.com/docket/68995396/alegeus-
               | techno...
               | 
               | Timeline:
               | 
               | Jul 30, 2024 - ORDER granting 2 Ex Parte Motion for TRO.
               | IT IS HEREBY ORDERED that DigiCert is prohibited from
               | revoking the security certificates for the Alegeus
               | Websites for a period of seven (7) day
               | 
               | Jul 31, 2024 - NOTICE of Appearance by Jess M. Krannich
               | on behalf of DigiCert
               | 
               | ...
               | 
               | Aug 3, 2024 - DOCKET TEXT ORDER. 9 Joint Motion to Vacate
               | 3 Order Granting Ex Parte Motion for TRO is GRANTED
               | 
               | Looking at that timeline, I can see why other CA forum
               | members are asking "are you really taking this
               | seriously?" The whole point is that such a restraining
               | order was _definitely_ a bad call by the judge and should
               | absolutely have been contested immediately by any legal
               | team that was interested in representing the security
               | interests of the CA Browser Forum (which, ya know,
               | members of the CA Browser Forum should do in such cases,
               | hence why they 're in the CA Browser forum). The fact
               | that DigiCerts legal team did show up for that TRO and
               | then did _not_ act to try to defend their ability to
               | secure their certs, is a bad thing. If you want to be a
               | CA, you gotta be willing to defend your need to act in
               | the name of security, and to defend that in a social,
               | business, and legal context. The point of CAs in the
               | world is not to make money, it is to provide security
               | services. Responding with  "hey, but my legal obligations
               | in my country mean I can't always do that" is a valid
               | explanation, but it also means that the rest of the CA
               | Browser Forum should probably not trust you.
        
               | SpicyLemonZest wrote:
               | Any CA who believes that the courts in their country
               | could not prevent them from revoking certificates is
               | confused at best.
               | 
               | It's true that DigiCert could have refused to cooperate
               | with Alegeus and fought the court order instead of
               | cooperating with them to rotate the certificates ASAP.
               | But that would have taken a lot longer than 5 days, even
               | if they eventually won. If the CA Browser Forum has such
               | a strong security interest in swift revocation, it's hard
               | to see how further delaying the revocation in order to
               | provoke a legal battle promotes that interest.
        
               | JoshTriplett wrote:
               | > Would a judge not consider potential harm to each party
               | if the TRO is granted or not?
               | 
               | > If the CA could credibly point out they would face
               | severe consequences for failure to revoke, could that
               | have an impact on?
               | 
               | That would be an excellent reason to make sure to impose
               | strict consequences on CAs without regard to whatever
               | legal orders they're subject to, so that the _next_ CA
               | can point to those consequences when arguing against
               | things like a TRO.  "If you grant this TRO, the net
               | effect will not be that you get what you want; the net
               | effect will be to destroy our business and still not get
               | what you want".
        
         | e40 wrote:
         | Here is the last reply from Callan:
         | 
         | https://bugzilla.mozilla.org/show_bug.cgi?id=1910322#c73
         | 
         | Seems extremely reasonable to me.
        
       | naitgacem wrote:
       | Can someone point to where i can read some context?
        
         | nneonneo wrote:
         | DigiCert's legal threat, while obviously biased towards
         | DigiCert, gives some context:
         | https://bug1950144.bmoattachments.org/attachment.cgi?id=9468...
         | 
         | For further reading, consider these two incidents which
         | resulted in delayed revocation from DigiCert and a bunch of
         | comments about how DigiCert should not be allowing delayed
         | revocation:
         | 
         | - Incident report
         | https://bugzilla.mozilla.org/show_bug.cgi?id=1894560, delayed
         | revocation report
         | https://bugzilla.mozilla.org/show_bug.cgi?id=1896053 - incident
         | due to the issuance of some certificates with incorrectly-
         | capitalized phrases in the certificate's Business Category
         | field; baseline requirements require revocation within five
         | days but DigiCert dragged that out much further
         | 
         | - Incident report
         | https://bugzilla.mozilla.org/show_bug.cgi?id=1910322, delayed
         | revocation report
         | https://bugzilla.mozilla.org/show_bug.cgi?id=1910805, DigiCert
         | information page https://www.digicert.com/support/certificate-
         | revocation-inci... - incident due to incorrect CNAME-based
         | domain validation (failure to check that the CNAME started with
         | an underscore); baseline requirements require revocation within
         | 24 hours but DigiCert was stopped by the TRO and revoked after
         | five days.
         | 
         | Essentially, DigiCert has been delaying the revocation process
         | (twice now) and people are unhappy about that. DigiCert has
         | apparently attempted to silence those unhappy people (Sectigo
         | and their representative Tim Callan) with legal action.
        
           | skylerwiernik wrote:
           | I don't believe that that's a legal filing. DigiCert never
           | filed anything with the courts. That's just a letter to
           | Sectigo threatening to sue.
        
             | nneonneo wrote:
             | Whoops, sorry, should've said legal threat not filing -
             | fixed.
        
       | tbrownaw wrote:
       | So what's happened in the ... two months and a bit since the
       | dates mentioned for the letters that this is apparently in
       | reference to?
        
         | nickburns wrote:
         | Continued back-and-forth on Bugzilla:
         | https://bugzilla.mozilla.org/show_bug.cgi?id=1910322#c63
        
         | nneonneo wrote:
         | DigiCert posted a message fifteen days ago saying that "We have
         | not used a legal team as a shield against accountability."
         | (https://bugzilla.mozilla.org/show_bug.cgi?id=1910322#c74).
         | This is clearly contradicted by their legal threat against
         | Sectigo. Hence, Sectigo decided to post the "Threat of legal
         | action" bug to make the community aware of what DigiCert
         | actually did.
         | 
         | Maybe if DigiCert had _not_ decided to make that comment,
         | Sectigo would have been willing to stay quiet...
        
       | xmodem wrote:
       | Looking at the original report (
       | https://bugzilla.mozilla.org/show_bug.cgi?id=1910322 ) I can see
       | a couple of questions that DigiCert appears to be avoiding:
       | 
       | > The public record of Alegeus Technologies LLC v. DigiCert shows
       | no attempt by DigiCert to contest the court's order prior to the
       | end of its preferred period of nearly 120 hours, even though such
       | a motion could have freed DigiCert to revoke the certificates
       | days earlier.
       | 
       | and
       | 
       | > The other question in comment 28 was for the language
       | establishing DigiCert's right to revoke Alegeus Technologies
       | certificates. DigiCert has waffled on this point, first implying
       | that this language was to be found on its website but later
       | refusing to confirm that the language on the site applied to
       | Alegeus Technologies at the time.
       | 
       | SPECULATION: Digicert may have offered special terms to Alegeus,
       | and possibly other customers. They may have chosen not to dispute
       | the TRO in court because they did not have grounds to do so under
       | those agreements. They may also have included confidentiality
       | terms in those contracts that prevented them from speaking about
       | it.
       | 
       | OPINION: I am surprised that the forum allowed the issue to be
       | closed without the above quoted questions being satisfied, though
       | it is possible they are addressed elsewhere, I have not done a
       | complete reading of all the linked issues.
       | 
       | EDIT to add: DigiCert has a response in a different thread here:
       | https://bugzilla.mozilla.org/show_bug.cgi?id=1910805#c43 that
       | would appear to contradict my speculation. Specifically
       | 
       | > Even though DigiCert's TOU and MSA prohibited Alegeus from
       | taking the action it did, once it filed for a TRO and the court
       | almost immediately granted it, DigiCert's hands were tied
        
       | DarkmSparks wrote:
       | From the bugzilla
       | 
       | "The actual reason for the underscore is so that services which
       | allow users to create DNS records at subdomains (e.g. dynamic DNS
       | services) can block users from registering subdomains starting
       | with an underscore and be safe from unwanted certificate
       | issuance. It serves the same purpose that /.well-known does for
       | Agreed-Upon Change To Website, and that
       | admin/administrator/webmaster/hostmaster/postmaster do for
       | Constructed Email to Domain Contact. By using DNS records without
       | underscores, DigiCert has violated a security-critical assumption
       | that these services have made.
       | 
       | Therefore, this is truly a security-critical incident, "
       | 
       | That is a pretty brutal f' up of epic proportions... not sure any
       | digicert cert should be trusted after that.
        
         | mtlynch wrote:
         | Direct link to the comment:
         | https://bugzilla.mozilla.org/show_bug.cgi?id=1910322#c10
         | 
         | The author of that comment is Andrew Ayer, who also does great
         | writeups about CA incidents and processes on his blog:
         | 
         | https://www.agwa.name/blog/index
        
         | kevincox wrote:
         | My bigger concern is that what percentage of people will
         | realize when delegating subdomains that having a leading
         | underscore is a security vulnerability?
        
       | terom wrote:
       | It's fascinating that we've built a system that has expended
       | perhaps several million dollars of engineering, legal and admin
       | etc time over the issue of a single letter not being capitalized
       | [1], without any demonstrable impact beyond a failure to meet
       | ambiguous specifications.
       | 
       | I do hope that dealing with all of the underlying issues around
       | revocation etc makes the time and effort spent useful, and the
       | Web PKI doesn't just mire itself in squabbling that blocks
       | progress on actually meaningful issues.
       | 
       | [1] https://bugzilla.mozilla.org/show_bug.cgi?id=1894560
        
         | xmodem wrote:
         | I think that the Van Halen Brown M&M anecdote is relevant here.
         | 
         | > and the Web PKI doesn't just mire itself in squabbling that
         | blocks progress on actually meaningful issues.
         | 
         | In your view, are there any meaningful issues going un-
         | addressed currently?
        
         | ocdtrekkie wrote:
         | Entrust got torpedoed basically for deploying an improvement to
         | the requirements for its certificates slightly before the
         | improvement got officially approved, and the browser people
         | collectively lost their crud over the concept that Entrust
         | didn't immediately revoke all of their... perfectly valid,
         | secure certificates immediately.
         | 
         | Fundamentally, there is no accountability in the web PKI
         | stewards. You want to talk about utter waste and incredible
         | damage to the Internet, you can see it right here, in the
         | people determining who is allowed to issue you sets of magic
         | numbers that browsers have agreed are trustworthy, despite
         | everyone involved behaving like complete children.
         | 
         | And of course, the browser operators all have their own root
         | CAs, so basically have extremely motivated reasons to want to
         | eliminate every commercial provider that isn't one of the
         | monopoly companies.
         | 
         | Meanwhile:
         | 
         | - Compromised certificates are basically a non-issue from a
         | threat model standpoint, every certificate error people hit are
         | just... expired certificates people didn't rotate yet.
         | 
         | - Expired certificates cause issues for the majority of
         | businesses at some point or another, making the internet
         | increasingly fragile and unreliable.
        
           | drudgemetal wrote:
           | Entrust didn't get nuked over a single incident, they were
           | nuked because of a pattern of behavior that extended back
           | several years. https://webpki.substack.com/p/entrust-
           | considered-harmful-par...
        
         | ajb wrote:
         | The bug that prompted this was more serious:
         | https://bugzilla.mozilla.org/show_bug.cgi?id=1910322#c74
         | 
         | Basically the missing '_' was supposed to allow DNS providers
         | who allow programmatic DNS record creation to filter out
         | unauthorised certificate creation. So the certificates created
         | without it could have been unauthorized by the owner of the
         | domain they claim to certify.
        
       | DeepSeaTortoise wrote:
       | Why do you all think DigiCert handled this badly?
       | 
       | 1. Bugs happen. Critical ones, too. They didn't try to brush this
       | under the carpet, but admitted to it, acted to resolve it and
       | were transparent about it.
       | 
       | 2. They worked quickly to make it happen. Would 24h been nice?
       | Sure, but 24h is not much shorter than 120h. In general, 24h is
       | plenty of time for some exploits and 120h doesn't open the window
       | to many more. It would have been very different if it took them
       | months or years to resolve it.
       | 
       | 3. They genuinely engaged with the critics on bugzilla, even
       | after Sectigo's CCO went completely off the rails with trying to
       | strip customers off legal recourse and demanding to blacklist
       | those who try to make use of it.
       | 
       | 4. They could have taken legal actions against Sectigo's CCO
       | directly but took the extra step to ask them to stop this
       | nonsense. They didn't demand anything more and even outlined
       | steps Sectigo needed to take to prevent any legal problems down
       | the line, like affirming that their CCO did not make these
       | statements on behalf of Sectigo, an affirmation that they would
       | notify their employees to not make any actions that would violate
       | the laws mentioned in their letter, affirm that their CCO would
       | be instructed not to violate any of the laws outlined in their
       | letter and lastly confirm that, upon consulting with their CCO,
       | they were able to conclude that his statements were not meant to
       | harm DigiCert.
       | 
       | The only ick is the short timeframe they expect a reply within,
       | but that's sadly usual corporate US law practice...
       | 
       | Basically that letter is the result of asking an US law firm for
       | help and telling them to be nice about it and helping their
       | opponent through the process.
        
         | SAI_Peregrinus wrote:
         | DigiCert miss-issued thousands of certs.
         | 
         | Certificate authorities are required by contract (the
         | CA/Browser Forum Baseline Requirements is a contract they agree
         | to when being granted trust as a CA) to revoke miss-issued
         | certificates within 24 hours of the time they learn of the
         | miss-issuance.
         | 
         | One of their customers filed a court case & got a temporary
         | restraining order (TRO) preventing DigiCert from revoking [?]70
         | of those certs within 24 hours.
         | 
         | DigiCert then proceeded to delay revocation beyond the 24 hour
         | limit *for all the certs, not just the [?]70 that the TRO
         | covered.
         | 
         | That is a violation of the CA/Browser Forum Baseline
         | Requirements. Failure to revoke [?]70 certs because of a court
         | order could be accepted, but failure to revoke thousands of
         | other certs (putting customers at risk) should not be.
        
           | genewitch wrote:
           | DigiCert said they could not extricate the TRO from "critical
           | infrastructure"
           | 
           | Whether you believe them, or not, there was a valid reason
           | given. They also said they fixed this particular issue
           | internally, so I guess we'll see.
           | 
           | DigiCert had over two million certs issued per the
           | "businessEntity" case sensitivity bug thread, which was 2023.
           | 
           | They revoked ~84,000 out of an abundance of caution - my read
           | was they revoked every cert issued from the (now defunct)
           | system digicert called "OEM" - which had the bug where it
           | wasn't prepending an underscore.
           | 
           | I just read the entirety of the underscore and the case
           | sensitivity threads.
        
             | SAI_Peregrinus wrote:
             | Mostly correct. The issue is that only about 70 certs out
             | of those 84k were actually covered by the TRO. They could
             | have revoked the rest, as they were obligated to do by the
             | Baseline Requirements. They didn't, they delayed.
        
         | aaronmdjones wrote:
         | Yes, bugs happen. However, DigiCert could have handled these
         | incidents a lot better.
         | 
         | For example, in the first issue (delayed revocation after
         | incorrect capitalisation), DigiCert chose to not revoke several
         | thousand certificates within the required 5-day window for
         | reasons ranging from "is in use in embedded devices and can't
         | be replaced in a timely fashion" (this is a failure of the
         | customer's automation and planning, not a failure of DigiCert,
         | and is not a reason for DigiCert to not revoke) to "is being
         | pinned in a mobile app and the app needs to be rebuilt and
         | pushed to app stores" (this is again a failure of the customer;
         | the customer should have foreseen the event that their
         | certificate would be revoked, and, if they really wanted to
         | pin, should have also had a hot standby certificate from
         | another CA pinned, for example). Further, DigiCert's own
         | certificate policy at time included the following text (in
         | section 1.4.2):                   DigiCert strongly discourages
         | key pinning and shall not consider it a sufficient reason to
         | delay revocation.
         | 
         | DigiCert chose to ignore their own policy, and allowed this
         | decision to delay revocation. That was entirely their own
         | choice, to appease their own customers at the expense of
         | complying with both their own policy and the Baseline
         | Requirements.
         | 
         | The other more recent incident (the TRO) would have restrained
         | DigiCert from revoking approximately 70 certificates. DigiCert
         | chose to extend this delay to tens of thousands of
         | certificates, issued to other customers who sought no
         | restraining orders. DigiCert chose to ignore their own policy,
         | and allowed this decision to delay revocation. That was
         | entirely their own choice, to appease their own customers at
         | the expense of complying with both their own policy and the
         | Baseline Requirements.
         | 
         | Are you starting to see a pattern?
        
         | darkarmani wrote:
         | > They could have taken legal actions against Sectigo's CCO
         | directly
         | 
         | You are only suggesting they could have handled it worse. Why
         | would they take legal action against the CCO for statements on
         | a bug report other than to squash transparency?
        
         | coldpie wrote:
         | > Sectigo's CCO went completely off the rails with trying to
         | strip customers off legal recourse and demanding to blacklist
         | those who try to make use of it
         | 
         | Can you provide a link to this? I looked Callan's comments on
         | the cited bug[1] and none of it struck me as being even a
         | little off the rails.
         | 
         | [1] https://bugzilla.mozilla.org/show_bug.cgi?id=1910322
        
           | DeepPPP wrote:
           | CNAME bug must have had something so bad DigiCert didn't want
           | people poking around. Perhaps it's worth taking a closer look
           | at the bug thread. They were also pressing really hard to
           | close it. Something smells.
        
           | DeepSeaTortoise wrote:
           | From here on:
           | 
           | https://bugzilla.mozilla.org/show_bug.cgi?id=1910805#c30
        
       | mightysashiman wrote:
       | Streisand effect 101?
        
       | kuon wrote:
       | What is the actual impact on infrastructure? Is it just some old
       | certificates being valid past expiration?
        
         | drpossum wrote:
         | I don't think DigiCert has the power to change literally every
         | internal validating mechanism to check if a certificate is
         | expired or not. But you seem to know more, so I'd ask you
         | expound on that.
        
       | aaronmdjones wrote:
       | Certificate authorities have enormous trust placed upon them by
       | every Internet user (whether they know it or not). Commensurate
       | with this trust, they have enormous responsibilities. As the name
       | implies, the Baseline Requirements are the _minimum_ standard
       | they should achieve. If they can 't even do this (being unable or
       | unwilling to revoke issued certificates within the required time-
       | frame), then they do not deserve this trust, and it should be
       | removed.
       | 
       | I understand that the TRO prevented them from revoking
       | approximately 70 certificates, and there really is nothing they
       | could have done differently in that case. Their other revocation
       | failings are inexcusable.
        
       | csense wrote:
       | This is a really stupid situation all around.
       | 
       | To issue a cert for a client (say example.com), the CA sends a
       | random number challenge to the client (say 12345678). The client
       | then responds by making a DNS record for _12345678.example.com
       | but due to a bug, DigiCert accepted 12345678.example.com instead.
       | 
       | Apparently there's a rule that says any such certs must be
       | considered mis-issued and must be revoked by the issuing CA
       | within 24 hours.
       | 
       | The CA talked to some clients who said it would be too much
       | trouble to replace their cert on such short notice. One of those
       | clients filed a lawsuit with the court system, which responded by
       | issuing a restraining order telling the CA not to revoke the
       | cert.
       | 
       | First of all, this is a dumb reason to revoke certs. It's
       | difficult to imagine a situation where any of the mis-issued
       | certificates correspond to an actual compromise of somebody's
       | website by a bad actor. But we can perhaps give the benefit of
       | the doubt: I think the intent here is a fail-safe procedure is
       | implemented so revocation is triggered by a broad class of
       | circumstances, which is constructed so that it's easy to check.
       | 
       | Second, this is a dumb thing for a website to file a lawsuit
       | about. If you have to replace the cert on your website because
       | your CA made a booboo, the engineer-hours needed to change out
       | your new cert are far less than the lawyer-hours needed to try to
       | work through the court system.
       | 
       | Third, it's dumb for people to blame DigiCert for the TRO. The
       | TRO was filed by a service provider called Alegeus. If DigiCert
       | doesn't follow the TRO, they'll be in contempt of court.
       | Theoretically, a DigiCert employee who presses the "Revoke"
       | button at this point could be sent to jail for it!
       | 
       | Fourth, a certificate revocation is basically a signed message
       | that says "News Flash: I think this certificate might not
       | correspond to this website." A court preventing the publication
       | of such a message is equivalent to a court preventing a newspaper
       | from publishing an article. This is called "prior restraint" and
       | it has a high bar in the US. Prior restraint analysis was not
       | performed by the court before the TRO was issued. I think the
       | court violated DigiCert's due process rights (by not analyzing
       | whether prior restraint applies) and DigiCert's free speech
       | rights (by not denying the TRO as it would be prior restraint).
       | (That browsers have a hair-trigger response to certain kinds of
       | news flashes and will take drastic action isn't the fault of the
       | publisher of the news.)
       | 
       | Fifth, it's obvious there ought to be some technical means to
       | prevent this kind of situation in the future: What is the
       | protocol to handle a case of a CA refusing (or court-ordered not
       | to) revoke certs known to be compromised? I think you need to
       | have a system that allows a quorum of CA's _not including the
       | issuing CA_ to speedily revoke certificates, or an entire CA. (A
       | public real-time quorum of a dynamic set of validators passing
       | messages they want to reach consensus on: Perhaps this is a good
       | use case for a blockchain?) Of course you also have to deal with
       | the problem of, what if the next TRO targets the entire validator
       | set? You 'd need to be sure those participants are
       | jurisdictionally diverse (or anonymous) so it would be difficult
       | for a single entity to compromise the entire system at once.
        
         | chuckadams wrote:
         | Thank you for explaining what all of this was about. Everyone
         | else keeps talking in abstract and apocalyptic terms.
         | 
         | An underscore. WTF.
        
         | lelandbatey wrote:
         | 1. It's not a dumb reason to revoke certs, it's a VERY good
         | reason to revoke certs. Lot's of hosting providers allow you to
         | register subdomains with them e.g. mywebsite.squarespace.com;
         | but Squarespace won't allow you to register a domain that
         | starts with an underscore such as
         | _123-mywebsite.squarespace.com because starting with an
         | underscore is used for these DNS-based SSL checks. The concern
         | was that DigiCerts system allowed you to receive an SSL cert
         | for squarespace.com ( _the parent domain_ ) by registering
         | 12345678.squarespace.com ( _no underscore_ so as far as
         | Squarespace knows, a normal subdomain). This is not a niche use
         | of this; it 's literally why the underscore prefix was there:
         | https://bugzilla.mozilla.org/show_bug.cgi?id=1910322#c10
         | 
         | 2. It is a pretty dumb thing for a website to file a lawsuit
         | about, that is true.
         | 
         | 3. DigiCert deserves a lot of blame for the TRO. DigiCert
         | received one TRO for one client who had 72 certs from
         | DigiCert[1]. What they should have done is continue with
         | revoking the other 80,000+ certificates in the 24 hour time
         | window and then inform the CABF that they have 72 (or however
         | many) holdout certs caused by legally binding temporary
         | restraining order. They should have been proactive in complying
         | and in their communication. DigiCert did not do that though.
         | They delayed all 80,000+ certificates for 5 days instead.
         | That's _not good enough_.
         | 
         | [1] - https://www.courtlistener.com/docket/68995396/2/alegeus-
         | tech...
        
       | registeredcorn wrote:
       | Fascinating. I think there was a fair amount of snark on both
       | sides, but I do think some good points were raised by both, as
       | well.
       | 
       | 1) To DigiCert's point: If certs need an emergency revocation
       | _but_ it will impact a service which say: provides life saving
       | services, or keeps the electricity on for the majority of a
       | country, would it not be wise to file them as a one-off
       | "exceptional circumstance". I think that common sense should
       | prevail and everyone can agree that, "Yes, computer security is
       | absolutely essential. Essential services are _also_ essential. "
       | I wish that that was the direction the debate had gone in.
       | 
       | For instance, What is considered an 'exceptional circumstance'?
       | What kind of services are covered, and what are not?
       | 
       | Personally, I would think that things like: health, heat, water,
       | electricity, and physical security (prison and law enforcement)
       | are all potentially essential areas. They are industries that
       | ought be able to _request_ an emergency, 48-hour exception if
       | they know they can 't meet it within 24 hours and their services
       | will go down as a result. I feel like two days should be enough
       | time for just about any organization to work through a
       | certificate issue, unless it's a long holiday, or something very,
       | very niche.
       | 
       | I think that, to a degree, Tim Callan (Setigo CEO) was being
       | unreasonable in expecting DigiCert to not offer any kind of
       | possibility for exceptions. Some services should not go down,
       | just because it goes against the principals of computer security.
       | It hate saying that, but it's true. Keeping the ICU running
       | matters more than whether the hospital is following best security
       | practices during an emergency.
       | 
       | Could it cause more problems by ignoring best practices?
       | Possibly! Will enforcing best practices possibly kill someone? If
       | the answer is anything other than a firm "No", then it is
       | secondary to protecting that service.
       | 
       | 2) To Sectigo's point: We should not allow any CA to hide behind
       | Policies or poorly written MSAs. If things went the way they did
       | because they were _allowed_ to go that way, then that means you
       | should learn from those things in the post mortem! Take steps to
       | shore it up! Try and prevent other companies from following suit,
       | otherwise more _will_ take action whenever it meets their own
       | best interest. It is disappointing that this part seems to fell
       | into snarky retorts too, because there were some legitimate means
       | to discuss this.
       | 
       | For instance: Instead of barring from someone from being
       | _allowed_ to file a TRO, simply have an agreement in place that
       | _before_ any legal action like a TRO is filed, the customer will
       | meet with the CA and a emergency mediator. Just take 30 minutes
       | to one hour to see if you can work things out _before_ the
       | customer submits a TRO!
       | 
       | It seems logical, right? If a customer has the cycles to file for
       | a TRO, they should have the time to spare talking to the company
       | they are filing a TRO against. Explain a clear reasons to a
       | mediator _why_ the TRO is needed, and _why_ they can 't get it
       | done in time. Assuming that the customer can explain all of that
       | in clear terms, it would then be obvious for DigiCert to
       | _acknowledge_ that level of criticality and  "exceptional need",
       | and offer their customer an emergency, temporary exemption.
       | 
       | Neither side wants a TRO! It makes DigiCert look weak during an
       | emergency, and it makes Alegeus (the company that filed the TRO)
       | look incompetent, desperate, and underhanded.
       | 
       | The crux of what Tim Callan (Sectigo) was getting at, is that
       | there needs to be a correction to DigiCert's policies. It's
       | blaringly obvious. DigiCert were, in a way, "legally attacked" in
       | a manner that should be prevented in the future, as best they can
       | prevent it.
       | 
       | DigiCert lackadaisically shrugging their shoulders and saying
       | "B-But...that goes against Mozilla policy!" is just deflection
       | and meaningless. DigiCert can go to the trouble of sending legal
       | council after Sectigo for comments on Bugzilla, but they _can 't_
       | use legal council to protect DigiCert from surprise TRO's?
       | Really? Bugzilla feedback... _that_ is the legal issue? Not
       | DigiCert being sucker punched by their own customers?
       | 
       | The whole thing is just so aggravating. Both sides need to get
       | over themselves and try to work together. They don't need to like
       | each other, but they should do what is best for the industry.
       | Each side sending out daddy lawyer to fight for them completely
       | misses the point, and kills the chance for constructive feedback.
        
         | SpicyLemonZest wrote:
         | > It seems logical, right? If a customer has the cycles to file
         | for a TRO, they should have the time to spare talking to the
         | company they are filing a TRO against. Explain a clear reasons
         | to a mediator why the TRO is needed, and why they can't get it
         | done in time. Assuming that the customer can explain all of
         | that in clear terms, it would then be obvious for DigiCert to
         | acknowledge that level of criticality and "exceptional need",
         | and offer their customer an emergency, temporary exemption.
         | 
         | Have you read the court filings? Alegeus did indeed have this
         | discussion, explaining that they have a detailed manual process
         | for dozens of distinct websites, and could not complete it
         | within the notice period even though they began working on it
         | immediately. They escalated it all the way up to the DigiCert
         | CEO, and filed for a TRO only after DigiCert told them -
         | exactly as the Bugzilla discussion participants wanted - that
         | no exemption would be offered. That's the key point they seem
         | to be missing: taking a hard line on the revocation timeline
         | does not _deter_ legal action but generates more of it.
        
       | ziddoap wrote:
       | Bug has been updated with a DigiCert response.
       | 
       | Obviously draw your own conclusions, but I actually laughed out
       | loud at the following statement from DigiCert:
       | 
       | " _In reality, our letter to you was consistent with our desire
       | to promote open and honest dialogue._ "
        
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