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EFF Uncovers New Details of U.S. Zero-Day Vulnerability Offensive Use

Accepted submission by takyon at 2016-01-19 18:48:27
Digital Liberty

+Security

The Electronic Frontier Foundation has discovered more information about the U.S. government's policy on zero-day vulnerabilities [eff.org], known as the Vulnerabilities Equities Process:

Until just last week, the U.S. government kept up the charade that its use of a stockpile of security vulnerabilities for hacking was a closely held secret. In fact, in response to EFF's FOIA suit [eff.org] to get access to the official U.S. policy on zero days, the government redacted every single reference to "offensive" use of vulnerabilities [eff.org]. To add insult to injury, the government's claim was that even admitting to offensive use would cause damage to national security. Now, in the face of EFF's brief marshaling overwhelming evidence [eff.org] to the contrary, the charade is over.

In response to EFF's motion for summary judgment, the government has disclosed a new version of the Vulnerabilities Equities Process, minus many of the worst redactions [eff.org]. First and foremost, it now admits that the "discovery of vulnerabilities in commercial information technology may present competing 'equities' for the [government's] offensive and defensive mission." That might seem painfully obvious—a flaw or backdoor in a Juniper router is dangerous for anyone running a network, whether that network is in the U.S. or Iran. But the government's failure to adequately weigh these "competing equities" was so severe that in 2013 a group of experts appointed by President Obama recommended that the policy favor disclosure "in almost all instances for widely used code." [whitehouse.gov] [.pdf].

The newly disclosed version of the Vulnerabilities Equities Process (VEP) also officially confirms what everyone already knew: the use of zero days isn't confined to the spies. Rather, the policy states that the "law enforcement community may want to use information pertaining to a vulnerability for similar offensive or defensive purposes but for the ultimate end of law enforcement."


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