CloudFlare made a deal with Comodo to issue (non-backdated) SHA-1 certificates from a "legacy" root that is mostly no longer trusted by modern clients.
Symantec and Entrust are also issuing SHA-1 certificates from "legacy" roots to large enterprises.
That's quite a nice solution.
The upside seems to be there's very little additional risk if certs are issued that "modern clients" won't accept - while still allowing "legacy clients" to commuicate with the level of security/encryption they always have.
I guess the downside is - allowing it to contniue means nobody will _ever_ upgrade or turn off "legacy client" equipment - which is probably all riddled with huge numbers of other "known exploits"... If you make it possible to put off upgrading your WindowsXP (or equivalent early 2000's linux based) POS system or industrial/SCADA gear - it'll stay around randomly switching which botnet it's DDoSing for forever...
Once a root certificate has been pulled from a root program, they stop being in scope for the root program policies and the Baseline Requirements (at least that's the common interpretation), which would prohibit SHA-1 issuance from those roots. There's been some discussion about changing this.
(Symantec accidentally signed a SHA-1 certificate from a publicly-trusted root while preparing their SHA-1 issuance exception application, but that's not quite as bad, I guess.)
It would be a lot more justifiable (and far better for everyone involved) if, for example, the SHA1 certs through Comodo’s pulled root were available to everyone.
I don't want to pick on Cloudflare or Comodo right now (see my other comment in here), but if someone were to propose a rule change that says a CA's trust obligations extend to all their old retired trusted roots as well as their current and future ones, I'd be inclined to agree unless I heard a very convincing argument against it (that had some strong protections in place to stop some of the obvious abuse possibiulities).
Thought experiment: what'd happen to a CA with root trust, if they negotiated to update a root cert, replaced their old one in all the trust stores, then sold their old private key to $badpeople?
Obviously, all these options are not available to anyone except a handful of large companies.
Edit: The exception processes also do not involve fraudulently backdating anything. Which is kind of a big deal when you are in the trust business.