Tim Willis, Hacker Philanthropist, Chrome Security Team
- Rules are dangerously broad and vague. The proposed rules are not feasible and would require Google to request thousands - maybe even tens of thousands - of export licenses. Since Google operates in many different countries, the controls could cover our communications about software vulnerabilities, including: emails, code review systems, bug tracking systems, instant messages - even some in-person conversations! BIS’ own FAQ states that information about a vulnerability, including its causes, wouldn’t be controlled, but we believe that it sometimes actually could be controlled information.
- You should never need a license when you report a bug to get it fixed. There should be standing license exceptions for everyone when controlled information is reported back to manufacturers for the purposes of fixing a vulnerability. This would provide protection for security researchers that report vulnerabilities, exploits, or other controlled information to any manufacturer or their agent.
- Global companies should be able to share information globally. If we have information about intrusion software, we should be able to share that with our engineers, no matter where they physically sit.
- Clarity is crucial. We acknowledge that we have a team of lawyers here to help us out, but navigating these controls shouldn’t be that complex and confusing. If BIS is going to implement the proposed controls, we recommend providing a simple, visual flowchart for everyone to easily understand when they need a license.
- These controls should be changed ASAP. The only way to fix the scope of the intrusion software controls is to do it at the annual meeting of Wassenaar Arrangement members in December 2015.
We’re committed to working with BIS to make sure that both white hat security researchers’ interests and Google users’ interests are front of mind. The proposed BIS rule for public comment is available here, and comments can also be sent directly to email@example.com. If BIS publishes another proposed rule on intrusion software, we’ll make sure to come back and update this blog post with details.