When reading the spec for HSTS (Strict-Transport-Security), I see an injunction in section 7.2 against sending the header when accessed over http instead of https:
An HSTS Host MUST NOT include the STS header field in HTTP responses conveyed over non-secure transport.
Why is this? What are the risks if this is violated?
The danger is to the availability of the website itself. If the website is able to respond (either now or in the future) over HTTP but not over HTTPS, it will semi-permanently prevent browsers from accessing the site:
By only serving the STS header over HTTPS connections, the site guarantees that at least right now it is not pointing browsers to an inaccessible site. Of course, if the max-age is set to 3 months and the HTTPS site breaks tomorrow, the effect is the same. This is merely an incremental protection.
If your server cannot positively tell from request characteristics whether it is being accessed over HTTP vs. HTTPS, but you believe you have set up your website to only be accessible over HTTPS anyhow (e.g. due to SSL/TLS termination in an nginx proxy), it should be safe to serve the header all the time. But if you want to serve both, e.g. if you wish to serve HTTP->HTTPS redirects from your server, find out how your proxy tells you about the connection and start gating the STS header response on that.
(Thanks to Deirdre Connolly for this explanation!)
Not sure if you have a specific issue you are trying to solve, or are only asking for curiosity sake but this might be better asked on http://security.stackexchange.com
Like you I can't see the threat from the server sending this over HTTP. It doesn't really make sense, but I'm not sure if there is a risk to be honest. Except to say if you can't set up the header properly then perhaps you're not ready to implement HSTS as it can be dangerous if misconfigured!
The far bigger danger is if a browser was to process a HSTS header received over HTTP, which section 8.1 explicitly states it MUST ignore:
If an HTTP response is received over insecure transport, the UA MUST ignore any present STS header field(s).
The risk here is that a malicious attacker (or an accidentally misconfigured header) could take a HTTP-only website offline (or the HTTP-only parts of a mixed site) if a browser incorrectly processed it. This would effectively cause a DoS for that user(s) until either the header expiries or the site implements HTTPS.
Additionally if a browser did accept this header over HTTP rather than HTTPS, it could be possible for a MITM attacker to expire the header by setting it to a max-age of 0. For example if you have a long HSTS header set on https://www.example.com but attacker was able to publish a max-age=0 header with includeSubDomain over http://example.com, and the browser incorrectly processed that, then it could effectively remove the protection HTTPS gives to your www site.
For these reasons it's very important that clients (i.e. webbrowsers) implement this correctly and ignore the HSTS header if served over HTTP and only process it over HTTPS. This could be another reason the RFC states servers must not send this over HTTP - just in case a browser implements this wrong but, to be honest, if that happens then that browser is putting all HTTP only websites at risk as a MITM attacker could add it as per above.
