31. To Patch or Not to Patch: Improving the US Vulnerabilities Equities Process
- Author:
- Josh Kenway and Michael Garcia
- Publication Date:
- 06-2021
- Content Type:
- Commentary and Analysis
- Institution:
- Third Way
- Abstract:
- The process that determines when and how the US government discloses unknown cybersecurity vulnerabilities to relevant companies or withholds them for government purposes lacks sufficient accountability, transparency, and public trust. Malicious actors do not hesitate to exploit “zero-day vulnerabilities,” or vulnerabilities that a company has had zero days to patch, with Chinese-based hackers most recently using a zero-day in Microsoft Exchange Servers to infect hundreds of thousands of systems.1 Yet, the government also uses zero-days to carry out activities that are in the nation’s interest and, as a result, does not tell the impacted software or hardware vendor about the vulnerability. In this case, the government determines that the benefit of not disclosing the vulnerability outweighs the consequence of a bad actor potentially exploiting the vulnerability for nefarious purposes. In 2010, the US government created the Vulnerabilities Equities Process (VEP) to convene federal agencies that represent a range of national interests—including security, intelligence, foreign policy, commerce, and civil rights and liberties protection—to weigh distinct perspectives on how vulnerabilities should be patched or briefly kept open for law enforcement, intelligence gathering, or military purposes. However, the VEP is not codified in law and has failed to deliver greater transparency around government retention of vulnerabilities nor ensures accountability for the government’s decisions. Congress and the Biden administration should address deficiencies with the VEP to increase transparency, strengthen accountability, build public and industry trust, and establish a world-leading model for decision-making around what to do about high-value vulnerabilities. This paper details seven steps for the Biden administration to enhance transparency and accountability in the VEP while preserving government priorities, as well as flexibility for the defense of democratic values and institutions.
- Topic:
- Security, Defense Policy, Science and Technology, Governance, Cybersecurity, and Transparency
- Political Geography:
- North America and United States of America