Close
  • Latest News
  • Artificial Intelligence
  • Video
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
Read Down
Sign in
Close
Welcome!Log into your account
Forgot your password?
Read Down
Password recovery
Recover your password
Close
Search
Logo
Subscribe
Logo
  • Latest News
  • Artificial Intelligence
  • Video
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
More
    Subscribe
    Home Cybersecurity
    • Cybersecurity

    Tech Allies Lobby to Keep U.S. Rule From Fettering Security Research

    Written by

    Robert Lemos
    Published September 15, 2015
    Share
    Facebook
    Twitter
    Linkedin

      eWEEK content and product recommendations are editorially independent. We may make money when you click on links to our partners. Learn More.

      When the U.S. Department of Commerce proposed a rule to regulate the international trade and sharing of “intrusion software,” worried security firms immediately went on the defense.

      Industry giants, such as Symantec and FireEye, teamed up with well-known technology firms, such as Cisco and Google, to criticize the regulations. The proposed rules, published in May, would cause “significant unintended consequences” that would “negatively impact—rather than improve—the state of cyber-security,” Cisco stated in a letter to the Commerce Dept.’s Bureau of Industry and Security (BIS).

      The Commerce Department pulled the proposal in late July to go back to the drawing board, but companies are already concerned about a second draft of the rules.

      Security firms rely on international teams of researchers to find and fix vulnerabilities, analyze security threats and build software with offensive capabilities to test defenses—all activities that could be threatened by any future policy that regulates the cross-border sharing of exploit code and vulnerability details, Jen Ellis, senior director of community and public affairs for software security firm Rapid7, told eWEEK.

      “The reality is that this rule could very seriously impact the ability of security researchers to collaborate and their ability to participate with vendors around the world,” she said.

      “Given that we now live in a digital economy, that does not have borders, we need to be able to share information worldwide. But if we weaken the security of the products we rely on, we all lose as a result.”

      While the current battle is focused on U.S. firms, the threat is an international one. As breaches continue to escalate, world governments are searching for policy weapons to help defend against cyber-criminals and to limit oppressive nations’ access to surveillance and monitoring tools.

      The 42 nations that have signed the Wassenaar Arrangement, a treaty agreement that aims to prevent the buildup of munitions and dual-use technologies that could destabilize regions, have pledged to implement regulations that control intrusion software and exploits.

      The United States is only the latest nation to work to implement a policy on intrusion software. Japan already has. In early September, Hewlett-Packard revealed that its Zero-Day Initiative (ZDI) would no longer sponsor the Pwn2Own competition at the annual PacWest conference in Tokyo because of concerns that Japan’s implementation of the Wassenaar agreement could make put the company and researchers at risk.

      “Due to the complexity of obtaining real-time import/export licenses in countries that participate in the Wassenaar Arrangement, the ZDI has notified conference organizer, Dragos Ruiu, that it will not be holding the Pwn2Own contest at PacSecWest in November,” the firm said in a statement provided to eWEEK.

      The Wassenaar definition of intrusion software focuses on programs that are designed to circumvent detection tools or protective countermeasures and which extract or modify data or run external code.

      While the definition is narrower than the U.S. rule, it still makes many tools and techniques used to defend networks—including penetration testing—subject to the costs and delays of license approval, Mark Kuhr, CTO and co-founder of Synack, told eWEEK.

      Tech Allies Lobby to Keep U.S. Rule From Fettering Security Research

      Tools for finding software vulnerabilities and the exploits used to prove such vulnerabilities exist would become regulated as munitions.

      “It is all about the definition,” he said. “There needs to be a differentiator between tools that are defensive and tools that are used for offensive purposes. Even then, there are tools that are offensive in nature, but are used for good.”

      Moreover, another part of the rule would regulate the communication of information about vulnerabilities and exploits under the argument that knowledge is being exported.

      Such “deemed export” rules would require a company to have a license to allow their international research teams to collaborate, even with other company employees. For Synack, which works with researchers in 35 countries, such an export rule would make its business untenable, Kuhr said.

      Security firms and technology firms have banded together, creating the Coalition for Responsible Cyber-security, to represent cyber-security professionals in a number of U.S. companies, including Ionic Security, FireEye, Synack, and WhiteHat.

      Symantec, also a member, is concerned that any broad rules could add delays to its ability to respond to attacks and aid clients, Cheri F. McGuire, vice president of global government affairs and cyber-security policy with Symantec, stated in an online post.

      “While the rule is directed at companies that create or sell ‘intrusion software’ used to breach systems, its broad language will affect a wide array of legitimate cyber-security research and network penetration testing,” she said.

      “As a global security company, with researchers based around the world, this regulation could require our American researchers to obtain a government license in order to have more than a cursory conversation about new security vulnerabilities with their co-workers overseas.”

      Other companies may find themselves in legal jeopardy, if the regulations are not constructed to be very narrow, said Alan Cohn, an advisor of counsel for the law firm of Steptoe & Johnson LLP.

      “To define all software that aims to avoid detection by monitoring tools, as intrusion software, captures not only the types of tools that are intended for undesirable surveillance mechanism, but also tools intended for cyber-security and detection, to the point, that it becomes difficult to discern the nature of the software,” he said.

      While a narrower rule could allay concerns in the U.S., CRC members do not plan to stop there. Wassenaar signatories meet in December for the next round of rule making and security companies aim to revise the original rule.

      “It is not that the policy goal is not laudable—keeping the surveillance tools out of the hands of human-rights abusers—but it is more that,” Cohn said.

      “Because it was done without any input from industry or academia, it has created the problems that it has. Going back and taking a fresh look at this, now that there is a track record of experience, will hopefully give better results.”

      Robert Lemos
      Robert Lemos
      Robert Lemos is an award-winning journalist who has covered information security, cybercrime and technology's impact on society for almost two decades. A former research engineer, he's written for Ars Technica, CNET, eWEEK, MIT Technology Review, Threatpost and ZDNet. He won the prestigious Sigma Delta Chi award from the Society of Professional Journalists in 2003 for his coverage of the Blaster worm and its impact, and the SANS Institute's Top Cybersecurity Journalists in 2010 and 2014.

      Get the Free Newsletter!

      Subscribe to Daily Tech Insider for top news, trends & analysis

      Get the Free Newsletter!

      Subscribe to Daily Tech Insider for top news, trends & analysis

      MOST POPULAR ARTICLES

      Artificial Intelligence

      9 Best AI 3D Generators You Need...

      Sam Rinko - June 25, 2024 0
      AI 3D Generators are powerful tools for many different industries. Discover the best AI 3D Generators, and learn which is best for your specific use case.
      Read more
      Cloud

      RingCentral Expands Its Collaboration Platform

      Zeus Kerravala - November 22, 2023 0
      RingCentral adds AI-enabled contact center and hybrid event products to its suite of collaboration services.
      Read more
      Artificial Intelligence

      8 Best AI Data Analytics Software &...

      Aminu Abdullahi - January 18, 2024 0
      Learn the top AI data analytics software to use. Compare AI data analytics solutions & features to make the best choice for your business.
      Read more
      Latest News

      Zeus Kerravala on Networking: Multicloud, 5G, and...

      James Maguire - December 16, 2022 0
      I spoke with Zeus Kerravala, industry analyst at ZK Research, about the rapid changes in enterprise networking, as tech advances and digital transformation prompt...
      Read more
      Video

      Datadog President Amit Agarwal on Trends in...

      James Maguire - November 11, 2022 0
      I spoke with Amit Agarwal, President of Datadog, about infrastructure observability, from current trends to key challenges to the future of this rapidly growing...
      Read more
      Logo

      eWeek has the latest technology news and analysis, buying guides, and product reviews for IT professionals and technology buyers. The site’s focus is on innovative solutions and covering in-depth technical content. eWeek stays on the cutting edge of technology news and IT trends through interviews and expert analysis. Gain insight from top innovators and thought leaders in the fields of IT, business, enterprise software, startups, and more.

      Facebook
      Linkedin
      RSS
      Twitter
      Youtube

      Advertisers

      Advertise with TechnologyAdvice on eWeek and our other IT-focused platforms.

      Advertise with Us

      Menu

      • About eWeek
      • Subscribe to our Newsletter
      • Latest News

      Our Brands

      • Privacy Policy
      • Terms
      • About
      • Contact
      • Advertise
      • Sitemap
      • California – Do Not Sell My Information

      Property of TechnologyAdvice.
      © 2024 TechnologyAdvice. All Rights Reserved

      Advertiser Disclosure: Some of the products that appear on this site are from companies from which TechnologyAdvice receives compensation. This compensation may impact how and where products appear on this site including, for example, the order in which they appear. TechnologyAdvice does not include all companies or all types of products available in the marketplace.