Can the Government Safeguard Open Source Software or Will It Cause Chaos?

Government Approaches to Regulating Open Source Software

In mid-September, two different approaches to securing open source software were highlighted, each with potential implications for the open source ecosystem. The US Cybersecurity and Infrastructure Security (CISA) agency released its “Open Source Software Security Roadmap,” focusing on working with the open source software community to promote secure software supply. However, at the Open Source Summit Europe, concerns were raised about the European Cyber Resiliency Act (CRA), which places liability for vulnerabilities in open source software on developers and nonprofit foundations. The contrast between these approaches demonstrates the potential impact of government regulation on the open source ecosystem.

Views on Government Regulation

Omkhar Arasaratnam, General Manager at the Open Software Security Foundation (OpenSSF), highlights the importance of government engagement and consultation with the open source community. He argues that regulations enacted without consultation can lead to reactions and negative impacts on the community. Dan Lorenc, CEO of Chainguard, points out that open source software is a decentralized group of individuals who cannot be directly regulated. He emphasizes the need for a nuanced approach that avoids stifling innovation.

Open Source Software’s Growing Role and Vulnerabilities

Open source software has seen widespread adoption and exponential growth, with over 2 billion downloads of open source components across major ecosystems in 2022. However, critical vulnerabilities in widely used open source components, such as the recent Log4j exploit, have underscored the need for enhanced security measures. Initiatives like Census II have identified critical projects that require attention. The challenge lies in striking a balance between regulating liability and fostering innovation within the open source community.

US Cybersecurity and Infrastructure Security Agency’s Approach

The CISA aims to be a partner to the fragmented open source community and has released the Open Source Software Security Roadmap. The agency seeks to enhance software security in general by understanding crucial open source dependencies and strengthening the broader ecosystem. Their initial focus is on securing open source software for the government, as the Log4Shell attacks highlighted the need for improved security in critical infrastructure. This approach aligns with the National Cybersecurity Strategy and reflects ongoing collaboration between the Biden administration, various technical agencies, and industry.

European Cyber Resiliency Act’s Challenges

The European Union’s CRA, which places responsibility for open source software security on software makers, has faced criticism from the open source community. Arasaratnam highlights the lack of consultation during the legislation’s drafting, which led to unintended negative consequences in terms of liability. The CRA poses challenges for the maintainers of open source projects since they typically lack warranties or maintenance contracts. This legislation risks disincentivizing innovation and hindering the ability to fix and enhance software security.

Philosophical Considerations and Potential Impacts

The approaches taken by the US and European governments towards regulating open source software are complex and nuanced. CISA’s approach emphasizes partnership and consultation, recognizing the need for industry investment in open source projects. In contrast, the European CRA places liability on software makers, potentially hampering innovation and incentivizing commercialization to mitigate liability risks. It may be more logical to hold groups integrating open source software into products and services accountable rather than the individual developers. Addressing vulnerabilities is crucial to improving the cybersecurity of open source software.

The Path Forward

While both approaches have merits, there are practical challenges that need to be addressed. Funding open source projects is a critical issue not addressed by either approach. Companies relying on open source software should invest in the projects they use, while governments should create incentives for such investments. Striking a balance between liability and innovation is essential. The industry must prioritize cybersecurity, with software vendors held accountable for shipping vulnerable products. While progress may be slow, embracing liability in the software industry is ultimately inevitable and overdue.

Conclusion and Recommendations

Government agencies and regulation can play a role in fostering a secure open source software ecosystem, but careful consideration is required to avoid unintended consequences. The open source community should be actively involved in the decision-making process to ensure that regulations are effective and practical. Collaboration between governments, technical agencies, and industry is crucial for shaping regulations that incentivize security, fund open source projects, and strike a balance between liability and innovation. The software industry must prioritize addressing vulnerabilities to enhance cybersecurity, as this is a shared responsibility that requires participation and investment from all stakeholders.