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Mozilla CA Certificate Policy Module Owner

Dear Wayne,

I am writing to provide an official response to the public discussion that you 
have initiated, on mozilla.dev.security.policy, in accordance with Article 7,1 
of the Mozilla Root Store Policy, on the inclusion of DarkMatter certificates 
in the Mozilla Root Certificate Store.

While we welcome the public discussion as a vital component in the maintenance 
of trust and transparency in Mozilla’s Root Store, we wish to bring to your 
attention, and to other esteemed CABForum members, DarkMatter’s reasonable 
apprehension of bias and conflict of interest in how the Mozilla organization 
has framed and conducted the discussion at hand.  Notwithstanding the stated 
goal of transparency in the public discussion, recent public comments by 
Mozilla employees (including your opening statement in the discussion), 
indicate a hidden organizational animus that is fatal to the idea of “due 
process” and “fundamental fairness” being accorded to any CA applicant to the 
Mozilla Root Store.

As you are fully aware, DarkMatter has spent considerable effort over the past 
three (3) years to establish its commercial CA and Trust related business.  A 
key milestone has been the successful completion of two (2) Web Trust public 
audits verifying that DarkMatter’s CA business is operating in accordance with 
the standards stipulated within Mozilla Root Store Policy and the latest 
version of the CA/Browser Forum (“CABForum”) Requirements for the Issuance and 
Management of Publicly-Trusted Certificates.  We have publicly disclosed our 
Certificate Policy and Certification Practice Statements showing how we comply 
with the above noted requirements.

A key pillar of the Mozilla Manifesto is the “commitment to an internet that 
elevates critical thinking, reasoned argument, shared knowledge, and verifiable 
facts” and a rejection of the use of the power of the internet to 
“intentionally manipulate fact and reality”.[1]   Notwithstanding the call for 
a public discussion, we note that other senior members of your organization 
have already pre-judged in public, DarkMatter’s ability to be “trusted” on the 
basis of less than reasoned arguments and verifiable facts.

Marshal Erwin, director of trust and security for Mozilla, said the Reuters 
Jan. 30 report had raised concerns inside the company that DarkMatter might use 
Mozilla’s certification authority for “offensive cybersecurity purposes rather 
than the intended purpose of creating a more secure, trusted web.”

“We don’t currently have technical evidence of misuse (by DarkMatter) but the 
reporting is strong evidence that misuse is likely to occur in the future if it 
hasn’t already,” said Selena Deckelmann, a senior director of engineering for 
Mozilla.”

Every CA, Root CA, National PKI operators, Governmental Regulatory bodies (in 
every country of the world) should be as alarmed as we are at the dystopian 
vision articulated by the Mozilla employees for those sovereign nations deemed 
not worthy of operating their own national certificates.  The above comments 
indicate an approach that is contrary to the stated commitment of the Mozilla 
foundation to an “Internet that includes all the peoples of the earth – where a 
person demographic characteristics do not determine their online access, 
opportunities, or quality of experience”.  It should be disturbing to the 
entire CABForum community that Mozilla is contemplating to exercise its 
discretionary power in a capricious manner – against a company headquartered in 
the United Arab Emirates – simply on the basis of non-existent “evidence” of a 
future unknown “misuse”.

There simply cannot be “trust” in the discretionary power of a root store 
operator (whether it is Mozilla or Google), if its decision are based on 
something less than “verifiable facts”.

In light of the above comments, we ask you, as the Mozilla CA Certificate 
Policy Module Owner, to further reconsider how you have framed the public 
discussion on DarkMatter’s inclusion request - with the following statement:

“The rationale for distrust is that multiple sources [1][4][5] have provided 
credible evidence that spying activities, including the use of sophisticated 
targeted surveillance tools, are a key component of DarkMatter’s business, and 
such an organization cannot and should not be trusted by Mozilla.  In the past 
Mozilla has taken action against CA’s found to have issued MitM certificates 
[6][7].  We are not aware of direct evidence of missued certificates in this 
case. However, the evidence does strongly suggest that misuse is likely to 
occur, if it has not already.”

There is no doubt in our mind that Mozilla’s inclusion of the references to 
CA’s found to have issued “MitM Certificates” in the opening statement about 
the “rationale for distrust” of DarkMatter is  extremely prejudicial in that it 
deliberately distorts the discussion and misinforms the public about 
DarkMatter’s inclusion request.  Furthermore, it calls into question the 
unexpressed motives behind the concerted efforts by certain competitors to 
derail DarkMatter’s two-year process to have our Roots included in the Mozilla 
and Google root stores.  For the record, we unequivocally state that DarkMatter 
has never been involved in the issuance of any “MitM Certificates”, and will 
never do so.

[CONTINUED IN MESSAGE BODY 2]


Benjamin Gabriel | General Counsel & SVP Legal
Tel: +971 2 417 1417 | Mob: +971 55 260 7410
[email protected]

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