12 Days of HaXmas: Year-End Policy Comment Roundup

Last updated at Fri, 15 Dec 2023 15:24:31 GMT

Merry HaXmas to you! Each year we mark the 12 Days of 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 policy team. When government agencies and commissions proposed rules or guidelines affecting security, we often submitted formal "comments" advocating for sound cybersecurity policies and greater protection of security researchers. These comments are typically a cross-team effort, reflecting the input of our policy, technical, industry experts, and submitted with the goal of helping government better protect users and researchers and advance a strong cybersecurity ecosystem.

Below is an overview of the comments we submitted over the past year. This list does not encompass the entirety of our engagement with government bodies, only the formal written comments we issued in 2016. Without further ado:

1. Comments to the National Institute for Standards and Technology (NIST), Feb. 23: NIST asked for public feedback on its Cybersecurity Framework for Improving Critical Infrastructure Cybersecurity. The Framework is a great starting point for developing risk-based cybersecurity programs, and Rapid7's comments expressed support for the Framework. Our comments also urged updates to better account for user-based attacks and ransomware, to include vulnerability disclosure and handling policies, and to expand the Framework beyond critical infrastructure. We also urged NIST to encourage greater use of multi-factor authrntication and more productive information sharing. Our comments are available here [PDF]: https://rapid7.com/globalassets/_pdfs/rapid7-comments/rapid7-comments-to-nist-fr amework-022316.pdf

2. Comments to the Copyright Office, Mar. 3: The Copyright Office asked for input on its (forthcoming) study of Section 1201 of the DMCA. Teaming up with Bugcrowd and HackerOne, Rapid7 submitted comments that detailed how Section 1201 creates liability for good faith security researchers without protecting copyright, and suggested specific reforms to improve the Copyright Office's process of creating exemptions to Section 1201. Our comments are available here [PDF]: https://rapid7.com/globalassets/_pdfs/rapid7-comments/rapid7-bugcrowd--hackerone -joint-comments-to-us-copyright-office-s…

3. Comments to the Food and Drug Administration (FDA), Apr. 25: The FDA requested comments for its postmarket guidance for cybersecurity of medical devices. Rapid7 submitted comments praising the FDA's holistic view of the cybersecurity lifecycle, use of the NIST Framework, and recommendation that companies adopt vulnerability disclosure policies. Rapid7's comments urged FDA guidance to include more objective risk assessment and more robust security update guidelines. Our comments are available here [PDF]: https://rapid7.com/globalassets/_pdfs/rapid7-comments/rapid7-comments-to-fda-dra ft-guidance-for-postmarket-management-of…

4. Comments to the Dept. of Commerce's National Telecommunications and Information Administration (NTIA), Jun. 1: NTIA asked for public comments for its (forthcoming) "green paper" examining a wide range of policy issues related to the Internet of Things. Rapid7's comprehensive comments detailed – among other things – specific technical and policy challenges for IoT security, including insufficient update practices, unclear device ownership, opaque supply chains, the need for security researchers, and the role of strong encryption. Our comments are available here [PDF]: https://rapid7.com/globalassets/_pdfs/rapid7-comments/rapid7-comments-to-ntia-in ternet-of-things-rfc-060116.pdf

5. Comments to the President's Commission on Enhancing National Security (CENC), Sep. 9: The CENC solicited comments as it drafted its comprehensive report on steps the government can take to improve cybersecurity in the next few years. Rapid7's comments urged the government to focus on known vulnerabilities in critical infrastructure, protect strong encryption from mandates to weaken it, leverage independent security researchers as a workforce, encourage adoption of vulnerability disclosure and handling policies, promote multi-factor authentication, and support formal rules for government disclosure of vulnerabilities. Our comments are available here [PDF]: https://rapid7.com/globalassets/_pdfs/rapid7-comments/rapid7-comments-to-cenc-rf i-090916.pdf

6. Comments to the Copyright Office, Oct. 28: The Copyright Office asked for additional comments on its (forthcoming) study of Section 1201 reforms. This round of comments focused on recommending specific statutory changes to the DMCA to better protect researchers from liability for good faith security research that does not infringe on copyright. Rapid7 submitted these comments jointly with Bugcrowd, HackerOne, and Luta Security. The comments are available here [PDF]: https://rapid7.com/globalassets/_pdfs/rapid7-comments/rapid7-bugcrowd-hackerone- luta-security-joint-comments-to-copyrigh…

7. Comments to the National Highway Traffic Safety Administration (NHTSA), Nov. 30: NHTSA asked for comments on its voluntary best practices for vehicle cybersecurity. Rapid7's comments recommended that the best practices prioritize security updating, encourage automakers to be transparent about cybersecurity features, and tie vulnerability disclosure and reporting policies to standards that facilitate positive interaction between researchers and vendors. Our comments are available here [PDF]: https://rapid7.com/globalassets/_pdfs/rapid7-comments/rapid7-comments-to-nhtsa-c ybersecurity-best-practices-for-modern-v…

2017 is shaping up to be an exciting year for cybersecurity policy. The past year made cybersecurity issues even more mainstream, and comments on proposed rules laid a lot of intellectual groundwork for helpful changes that can bolster security and safety. We are looking forward to keeping up the drumbeat for the security community next year. Happy Holidays, and best wishes for a good 2017 to you!