11. The Need for Countries to Establish Robust and Transparent Vulnerabilities Equities Processes
- Author:
- Sharon Bradford Franklin
- Publication Date:
- 07-2019
- Content Type:
- Journal Article
- Journal:
- Fletcher Security Review
- Institution:
- The Fletcher School, Tufts University
- Abstract:
- In 2017, leaders of the U.S. Intelligence Community warned that “more than 30 nations are developing offensive cyberattack capabilities.”1 This means that more than 30 countries may be conducting hacking operations as a method for surveillance, disruption, or destruction. Unregulated cyber surveillance and cyberattacks by government actors can pose risks not only to a government’s foreign adversaries, but also to its own citizens. Thus, as the United States and other nations work to enhance their own offensive cyber capabilities, as well as to develop strategies to defend against potential attacks, it is critical that these countries establish legal regimes to govern such conduct in cyberspace. Although Germany has established a legal framework to regulate government hacking activities,[2] few countries have done so.[3] To bring government hacking operations within the rule of law, a crucial step is to design rules regarding the management of vulnerabilities that governments discover or acquire. As with other cyber actors, when governments conduct hacking operations, this frequently involves exploiting vulnerabilities in computer hardware and software systems. But these same flaws can also be manipulated by a government’s foreign adversaries or other malicious actors. Therefore, when countries consider their abilities to rely on hacking as an investigative tool, as well as their interests in exploiting vulnerabilities for military and intelligence operations, they must also evaluate the capacity of information and communications technology providers to repair bugs and protect the cybersecurity of all users. Determining whether to exploit a vulnerability or disclose it to a vendor for patching involves balancing a variety of different security concerns against each other. Some countries have made progress in formalizing the rules for making these decisions and in publicizing these rules to promote public accountability. In November 2017, the United States released a charter governing its Vulnerabilities Equities Process (VEP), which outlines how the U.S. government weighs the various competing equities.[4] The charter delineates which components of the government will participate in determinations regarding whether to disclose or retain each newly discovered vulnerability, and it sets forth the criteria to be used and the process to be followed in making such assessments. One year later, the United Kingdom (UK) announced its Equities Process, which follows a similar approach.5 Most recently, in March 2019, Australia released its “Responsible Release Principles for Cyber Security Vulnerabilities,”[6] and Germany is currently working to develop a VEP and is expected to make information about its process public in early 2019.[7] However, as described below, the VEP procedures revealed to date need further improvement,[8] and most of the nations with offensive cyber capabilities have not developed—or at least have not announced—any such framework...
- Topic:
- Security, Intelligence, Science and Technology, and Cybersecurity
- Political Geography:
- North America and United States of America