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by tristor
482 days ago
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> 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. |
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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.