Posts tagged Legal

4 min Public Policy

Expanded Protections for Security Researchers Under DMCA Sec. 1201

The Library of Congress announced that it would renew and expand legal protections for security testing under Section 1201 of the Digital Millennium Copyright Act (DMCA).

6 min Public Policy

Prioritizing the Fundamentals of Coordinated Vulnerability Disclosure

In this post, we aim to distinguish between three broad flavors of CVD processes based on authorization, incentives, and resources required. We also urge wider adoption of foundational processes before moving to more advanced and resource-intensive processes.

6 min Public Policy

Updating Data Security Laws - A Starting Point

A baseline requirement for commercial data security is often part of discussions on privacy and breach notification regulations. This issue deserves close attention to ensure any security regulation is both effective at protecting users while staying flexible enough to be practicable.

3 min Public Policy

Georgia should not authorize "hack back"

[Update 05/09/18: Georgia Governor Deal vetoed SB 315. In a thoughtful veto statement [https://gov.georgia.gov/press-releases/2018-05-08/deal-issues-2018-veto-statements] , the Governor noted that the legislation raised "concerns regarding national security implications and other potential ramifications," and that "SB 315 may inadvertently hinder the ability of government and private industries" to protect against breaches. The statement expressed interest in working with the cybersecurity and l

2 min Public Policy

Welcome transparency on US government's process for disclosing vulnerabilities

The White House recently released details on the US government's process for disclosing - or retaining - zero-day vulnerabilities. The new VEP charter provides answers to several key questions, but it remains to be seen how it will operate in practice.

3 min Breach Preparedness

The Legal Perspective of a Data Breach

The following is a guest post by Christopher Hart, an attorney at Foley Hoag and a member of Foley Hoag’s cybersecurity incident response team. This is not meant to constitute legal advice; instead, Chris offers helpful guidance for building an incident preparation and breach response framework in your own organization. A data breach is a business crisis that requires both a quick and a careful response. From my perspective as a lawyer, I want to provide the best advice and assistance I possibl

4 min Public Policy

Cybersecurity for NAFTA

When the North American Free Trade Agreement (NAFTA) was originally negotiated, cybersecurity was not a central focus. NAFTA came into force – removing obstacles to commercial trade activity between the US, Canada, and Mexico – in 1994, well before most digital services existed. Today, cybersecurity is a major economic force – itself a large industry and important source of jobs, as well as an enabler of broader economic health by reducing risk and uncertainty for businesses. Going forward, cybe

5 min Public Policy

Copyright Office Calls For New Cybersecurity Researcher Protections

On Jun. 22, the US Copyright Office released [https://www.copyright.gov/policy/1201/section-1201-full-report.pdf] its long-awaited study on Sec. 1201 of the Digital Millennium Copyright Act (DMCA), and it has important implications for independent cybersecurity researchers. Mostly the news is very positive. Rapid7 advocated extensively for researcher protections to be built into this report, submitting two sets of detailed comments—see here [/2016/03/15/rapid7-bugcrowd-and-hackerone-file-pro-res

2 min Public Policy

Legislation to Strengthen IoT Marketplace Transparency

Senator Ed Markey (D-MA) is poised to introduce legislation to develop a voluntary cybersecurity standards program for the Internet of Things (IoT). The legislation, called the Cyber Shield Act, would enable IoT products that comply with the standards to display a label indicating a strong level of security to consumers – like an Energy Star rating for IoT. Rapid7 supports this legislation and believes greater transparency in the marketplace will enhance cybersecurity and protect consumers. The

4 min Public Policy

Rapid7 issues comments on NAFTA renegotiation

In April 2017, President Trump issued an executive order [https://www.whitehouse.gov/the-press-office/2017/05/01/presidential-executive-order-addressing-trade-agreement-violations-and] directing a review of all trade agreements. This process is now underway: The United States Trade Representative (USTR) – the nation's lead trade agreement negotiator – formally requested [https://www.regulations.gov/docket?D=USTR-2017-0006] public input on objectives for the renegotiation of the North American F

4 min Public Policy

White House Cybersecurity Executive Order Summary

Yesterday President Trump issued an Executive Order on cybersecurity: “Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure.” [https://www.whitehouse.gov/the-press-office/2017/05/11/presidential-executive-order-strengthening-cybersecurity-federal] The Executive Order (EO) appears broadly positive and well thought out, though it is just the beginning of a long process and not a sea change in itself. The EO directs agencies to come up with plans for securing and modern

4 min Public Policy

12 Days of HaXmas: Year-End Policy Comment Roundup

Merry HaXmas to you! Each year we mark the 12 Days of HaXmas [/tag/haxmas] with 12 blog posts on hacking-related topics and roundups from the year. This year, we're highlighting some of the “gifts” we want to give back to the community. And while these gifts may not come wrapped with a bow, we hope you enjoy them. On the seventh day of Haxmas, the Cyber gave to me: a list of seven Rapid7 comments to government policy proposals! Oh, tis a magical season. It was an active 2016 for Rapid7's polic

4 min Research

NCSAM: The Danger of Criminalizing Curiosity

This is a guest post from Kurt Opsahl [https://twitter.com/kurtopsahl], Deputy Executive Director and General Counsel of the Electronic Frontier Foundation [https://twitter.com/EFF]. October is National Cyber Security Awareness month and Rapid7 is taking this time to celebrate security research. This year, NCSAM coincides with new legal protections for security research under the DMCA [/2016/10/03/cybersecurity-awareness-month-2016-this-ones-for-the-researchers] and the 30th anniversary of the

4 min Public Policy

National Cybersecurity Awareness Month 2016 - This one's for the researchers

October was my favorite month even before I learned it is also National Cybersecurity Awareness Month [https://www.dhs.gov/national-cyber-security-awareness-month] (NCSAM) in the US and EU. So much the better – it is more difficult to be aware of cybersecurity in the dead of winter or the blaze of summer. But the seasonal competition with Pumpkin Spice Awareness is fierce. To do our part each National Cybersecurity Awareness Month, Rapid7 publishes content that aims to inform readers about a p

5 min Public Policy

Rapid7 Supports Researcher Protections in Michigan Vehicle Hacking Law

Yesterday, the Michigan Senate Judiciary Committee passed a bill – S.B. 0927 [http://www.senate.michigan.gov/committees/files/2016-SCT-JUD_-09-20-1-01.PDF] – that forbids some forms of vehicle hacking, but includes specific protections for cybersecurity researchers. Rapid7 supports these protections. The bill is not law yet – it has only cleared a Committee in the Senate, but it looks poised to keep advancing in the state legislature. Our background and analysis of the bill is below. In summary