'EU's Cyber Resilience Act Contains a Poison Pill for Open Source Developers' (theregister.com) 86
Veteran open source report Steven J. Vaughan-Nichols, writing at The Register: We can all agree that securing our software is a good thing. Thanks to one security fiasco after another -- the SolarWinds software supply chain attack, the perpetual Log4j vulnerability, and the npm maintainer protest code gone wrong -- we know we must secure our code. But the European Union's proposed Cyber Resilience Act (CRA) goes way, way too far in trying to regulate software security. At the top level, it looks good. Brussels states that before "products with digital elements" are allowed on the EU market, manufacturers must follow best practices in four areas. Secure the product over its whole life; follow a coherent cybersecurity framework; show cybersecurity transparency; and ensure customers can use products securely. Sounds great, doesn't it? But the road to hell is paved with good intentions. The devil, as always, is in the details. Some of this has nothing to do with open source software. Good luck creating any program in any way that a clueless user can't screw up.
But the EU commissioners don't have a clue about how open source software works. Or, frankly, what it is. They think that open source is the same as proprietary software with a single company behind it that's responsible for the work and then monetizes it. Nope. Open source, as I've said over and over again, is not a business model. Sure, you can build businesses around it. Who doesn't these days? But just as the AWSes, Googles, and Facebooks of the world depend on open source software, they also use programs written by Tom, Denise, and Harry from around the world. The CRA's underlying assumption is that you can just add security to software, like adding a new color option to your car's paint job. We wish!
Securing software is a long, painful process. Many open source developers have neither the revenue nor resources to secure their programs to a government standard. The notional open source developer in Nebraska, thanklessly maintaining a vital small program, may not even know where Brussels is (it's in Belgium). They can't afford to secure their software to meet EU specifications. They often have no revenue. They certainly have no control over who uses their software. It's open source, for pity's sake! As open source developer Thomas Depierre recently blogged: "We are not suppliers. All the people writing and maintaining these projects, we are not suppliers. We do not have a business relationship with all these organizations. We are volunteers, writing code and putting it online under these Licenses." Exactly.
But the EU commissioners don't have a clue about how open source software works. Or, frankly, what it is. They think that open source is the same as proprietary software with a single company behind it that's responsible for the work and then monetizes it. Nope. Open source, as I've said over and over again, is not a business model. Sure, you can build businesses around it. Who doesn't these days? But just as the AWSes, Googles, and Facebooks of the world depend on open source software, they also use programs written by Tom, Denise, and Harry from around the world. The CRA's underlying assumption is that you can just add security to software, like adding a new color option to your car's paint job. We wish!
Securing software is a long, painful process. Many open source developers have neither the revenue nor resources to secure their programs to a government standard. The notional open source developer in Nebraska, thanklessly maintaining a vital small program, may not even know where Brussels is (it's in Belgium). They can't afford to secure their software to meet EU specifications. They often have no revenue. They certainly have no control over who uses their software. It's open source, for pity's sake! As open source developer Thomas Depierre recently blogged: "We are not suppliers. All the people writing and maintaining these projects, we are not suppliers. We do not have a business relationship with all these organizations. We are volunteers, writing code and putting it online under these Licenses." Exactly.