On a related note, Let's Encrypt also issued the presumably-interception certificates. This can be possibly something that requires interception at the VPS level (otherwise we already detected the BGP leaks). Presumably, Hetzner was forced to do a raw interception and then redirecting all relevant ports to a middlebox for inspection and CA issuance (and since that the ACME spec is well-defined, they can simply check if the handshake contains the TLS ALPN challenge and then redirect them to special code that will reply with the correct things).
By breaking the software facilitating https via ACME itself, no anomalous certificate transparency logs would have needed to have been created at all.
The front door is locked quite tightly with a watchful security camera, but the window has been left unlocked. Also no one is watching the camera feed.
The most striking thing about these types of conspiracy theories is people seem to completely forget that whoever you imagine you can threaten generally doesn't have the ability to do the thing you want them to do: they'd have to delegate it.
Every single mitigation for known Web PKI vulns can be worked around (if people use them, which virtually nobody does).
Browsers have mandated CT logging for years and will not accept such a certificate.
Why is it so common to incorrectly assume that the people who came up with CT were stupid?
They did, yes. Any CA caught issuing a non-logged cert would be in big trouble.
> ... and will not accept such a certificate
Do they not?
According to RFC 9162 including CT information inside the cert itself is optional, and the extension is noncritical. Clients are not required to support CT, and they MAY fetch inclusion proofs. Servers are supposed to send CT info via one of various methods - but they aren't required to supply a complete proof of inclusion. Considering how OCSP was implemented in practice, I highly doubt any browser is willing to completely block the connection until it has managed to fetch an inclusion proof - both from a speed perspective and a privacy perspective.
CT's main value is in giving the browser vendors a stick to hit the CA with in case of non-logging, which is indication that something fishy is going on. Send the cert itself to a mailing list and anyone can check with the logs. Log getting DDoSed? Just try again tomorrow, the CAs judgement can wait another day. This is completely different from having a browser verify the proof in realtime while setting up the connection, and having it fail hard if it can't be 100% sure.
This method has been (mostly?) banned for a reason, see for example CA/B's ballot SC080v3.