Posts tagged Legal

8 min Public Policy

Security vs. Security - Rapid7 supports strong encryption

We should embrace the use of strong encryption without compelling companies to create software that undermines their product security features.

7 min Public Policy

Wassenaar Arrangement - Recommendations for cybersecurity export controls

The U.S. Departments of Commerce and State will renegotiate [https://www.bis.doc.gov/index.php/forms-documents/doc_download/1434-letter-from-secretary-pritzker-to-several-associations-on-the-implementation-of-the-wassenaar-arrang] an international agreement – called the Wassenaar Arrangement [http://www.wassenaar.org/about-us/] – that would place broad new export controls on cybersecurity-related software. An immediate question is how the Arrangement should be revised. Rapid7 drafted some initi

4 min Public Policy

Rapid7, Bugcrowd, and HackerOne file pro-researcher comments on DMCA Sec. 1201

On Mar. 3rd, Rapid7, Bugcrowd [https://bugcrowd.com/], and HackerOne [https://hackerone.com/] submitted joint comments to the Copyright Office urging them to provide additional protections for security researchers. The Copyright Office requested public input [http://copyright.gov/fedreg/2015/80fr81369.pdf] as part of a study on Section 1201 [https://www.law.cornell.edu/uscode/text/17/1201] of the Digital Millennium Copyright Act (DMCA). Our comments to the Copyright Office focused on reforming

2 min Public Policy

I've joined Rapid7!

Hello! My name is Harley Geiger and I joined Rapid7 as director of public policy, based out of our Washington, DC-area office. I actually joined a little more than a month ago, but there's been a lot going on! I'm excited to be a part of a team dedicated to making our interconnected world a safer place. Rapid7 has demonstrated a commitment to helping promote legal protections for the security research community. I am a lawyer, not a technologist, and part of the value I hope to add is as a repr

13 min Public Policy

12 Days of HaXmas: Political Pwnage in 2015

This post is the ninth in the series, "The 12 Days of HaXmas." 2015 was a big year for cybersecurity policy and legislation; thanks to the Sony breach at the end of 2014 year, we kicked the new year off with a renewed focus on cybersecurity in the US Government. The White House issued three legislative proposals, [/2015/01/23/will-the-president-s-cybersecurity-proposal-make-us-more-secure] held a cybersecurity summit, and signed a new Executive Order, all before the end of February. The OPM br

5 min Public Policy

New DMCA Exemption is a Positive Step for Security Researchers

Today the Library of Congress officially publishes its rule-making for the latest round of exemption requests for the Digital Millennium Copyright Act (DMCA).  The advance notice of its findings [https://s3.amazonaws.com/public-inspection.federalregister.gov/2015-27212.pdf] revealed some good news for security researchers as the rule-making includes a new exemption to the DMCA for security research: “(i) Computer programs, where the circumvention is undertaken on a lawfully acquired device or

9 min Public Policy

Why I Don't Dislike the Whitehouse/Graham Amendment 2713

[NOTE: No post about legislation is complete without a lot of acronyms representing lengthy and forgettable names of bills. There are three main ones that I talk about in this post: CISA – the Cyber Information Sharing Act of 2015 – Senate bill that will likely go to vote soon.  The bill aims to facilitate cybersecurity information sharing and create a framework for private and government participation. ICPA – the International Cybercrime Prevention Act of 2015 – proposed bill to extend law en

1 min Legal

Rapid7's Comments on the Wassenaar Arrangement Proposed Rule for Controlling Exports of Intrusion Software

For the past two months, the Department of Commerce's Bureau of Industry and Security (BIS) has been running a public consultation to solicit feedback on its proposal for implementing export controls for intrusion software under the Wassenaar Arrangement. You can read about the proposal and Rapid7's initial thoughts here [/2015/06/13/response-to-the-us-proposal-for-implementing-the-wassenaar-arrangement-export-controls-for-intrusion-software] . The consultation window closed on Monday, July 20th

8 min Metasploit

Wassenaar Arrangement - Frequently Asked Questions

The purpose of this post is to help answer questions about the Wassenaar Arrangement.  You can find the US proposal for implementing the Arrangement here [https://s3.amazonaws.com/public-inspection.federalregister.gov/2015-11642.pdf], and an accompanying FAQ from the Bureau of Industry and Security (BIS) here [http://www.bis.doc.gov/index.php/policy-guidance/faqs#subcat200]. For Rapid7's take on Wassenaar, and information on the comments we intend to submit to BIS, please read this companion pie

7 min Metasploit

Response to the US Proposal for Implementing the Wassenaar Arrangement Export Controls for Intrusion Software

On May 20th 2015, the Bureau of Industry and Security (BIS) published its proposal [https://s3.amazonaws.com/public-inspection.federalregister.gov/2015-11642.pdf] for implementing new export controls under the Wassenaar Arrangement. These controls would apply to: * systems, equipment or components specially designed for the generation, operation or delivery of, or communication with, intrusion software; * software specially designed or modified for the development or production of suc

6 min Public Policy

Will the Data Security and Breach Notification Act Protect Consumers?

Last week, the House Energy and Commerce Committee published a discussion draft of a proposed breach notification bill – the Data Security and Breach Notification Act of 2015 [http://energycommerce.house.gov/sites/republicans.energycommerce.house.gov/files/analysis/20150312DataSecurityDraft.pdf] . I'm a big fan of the principles at play here: as a consumer, I expect that if a company I have entrusted with my personally identifiable information (PII) has reason to believe that information has be

8 min Public Policy

How Do We De-Criminalize Security Research? AKA What's Next for the CFAA?

Anyone who read my breakdown on the President's proposal for cybersecurity legislation [/2015/01/23/will-the-president-s-cybersecurity-proposal-make-us-more-secure] will know that I'm very concerned that both the current version of the Computer Fraud and Abuse Act (CFAA) [http://www.law.cornell.edu/topn/computer_fraud_and_abuse_act_of_1986], and the update recently proposed by the Administration [http://www.whitehouse.gov/sites/default/files/omb/legislative/letters/updated-law-enforcement-tool

10 min Public Policy

Will the President's Cybersecurity Proposal Make Us More Secure?

Last week, President Obama proposed a number of bills to protect consumers and the economy from the growing threat of cybercrime and cyberattacks. Unfortunately in their current form, it's not clear that they will make us more secure. In fact, they may have the potential to make us more INsecure due to the chilling effect on security research. To explain why, I've run through each proposed bill in turn below, with my usual disclaimer that I'm not a lawyer. Before we get into the details, I want

4 min Public Policy

Petition for Reform of the DMCA and CFAA - Why I Care, and Why I Think You Should Too.

Here's the TL;DR: Software now runs everything and all software has flaws, which means that we, as consumers, are at risk. This includes YOU, and can impact your safety or quality of life. Sign this petition to protect your right to information on how you are exposed to risk: https://petitions.whitehouse.gov/petition/unlock-public-access-research-software -safety-through-dmca-and-cfaa-reform/DHzwhzLD The petition Last weekend a petition [https://petitions.whitehouse.gov/petition/unlock-public

3 min Research

Supporting the Security Community - Why I Joined Rapid7

Hey SecurityStreet! I wanted to say hello, as I am new to the Rapid7 team - and excited to be working with you. Three Things * Who is this 'Trey guy' * Why Rapid7? * What are you doing? (… which is all I want to talk about!) 'Who?' By way of introduction, my name is Trey Ford and I am joining the R7 team as Global Security Strategist, after serving as General Manager at Black Hat for the last two years. I will continue working on the Black Hat Review Board, and may announce a couple of