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Re:The EU's new Cyber Resilience Act is about to tell us how... by EGreg on Friday March 03, 2023 @11:32AM (#35011728)
https://eclipse-foundation.blog/2023/02/23/cyber-resilience-...

As many well-known open source foundations have warned, this will bring unintended consequences.

This means Europe will cut itself off from a lot of software as an unintended consequence. The whole point of open source software, a lot of the time, is that contributions are done incrementally by people without the means to certify this software to the level they want.

Given enough time and distribution, open source software often becomes much more resilient than its closed counterparts, not due to any government regulations, but because it is run in so many environments and there are so many critical eyes on the project, able to submit a patch. In fact, most of the infrastructure on the Internet runs on open source software.

That said, the package managers we use do have a problem — they rely on packages maintained by individual developers, and gradually update hundreds of versions, opposed to, say, the way operating systems are released.

Commercial releases like RedHat etc. can be certified! They should go after companies that make actual promises.

Having said that, a robust process in place for peer review in open source projects is good, same as in science or Wikipedia.

For the longest time, software development has grown by leaps and bounds, and software security is hardly the most costly thing to society. Proprietary software behind large Big Tech companies externalizes cost to society. Consider how the world looked for instance before the open Web: we had AOL, MSN, etc. and everyone had to pay to play.

Yes, it’s easy to regulate, but also increases the dependency on giant, centralized corporations and governments.

Many people felt that networked software and technology empowers people and frees people up to organize in ways that don’t rely on institutions. For example:

  E-Mail vs the post office
  The Web vs newspapers, radio
  Ethereum vs banks
Now you will only be able to run things approved by the government. Because people won’t be able to develop or update anything else.
Re:The EU's new Cyber Resilience Act is about to tell us how... by Scandiravian on Friday March 03, 2023 @11:38AM (#35011824)
I think there's a version of this that could actually be beneficial for open-source software

Many large companies are dependent on open-source libraries. With these regulations they now have (more) incentive to get bugs and vulnerabilities in their dependencies fixed

They can't ship with known vulnerabilities, so if a project is suffering from a vulnerability, they might realise they need to provide a financial incentive to maintainers so issues are fixed quickly

Of course there's also a lot of other ways it could play out, but I don't think it's necessarily a given the result will be negative

Re:The EU's new Cyber Resilience Act is about to tell us how... by EGreg on Friday March 03, 2023 @11:44AM (#35011916)
But a lot of newer open source software doesn’t have the resources to do this to the level they require. Plus, there will be gatekeepers established by the government (listed in the article) that can allow some software or not. These gatekeepers should exist, but in the form of certification companies, rather than taking on this ridiculous character:

https://www.forbes.com/sites/jennyodegard/2017/09/06/whats-t...

(this is how it looks in my home state of NY — not only is the requirement outdated but each county has a favored newspaper that you must use so it can charge a large amount for a useless service).

As a left-libertarian, I agree with a lot of arguments from right-libertarians and ancaps, one of them being that regulations are welcomed by the big boys because they provide a government-enforced barrier to entry for all the smaller guys.

Think of Facebook’s threat to “buy or copy” competitors, but now it would be “buy or put out of business with government force”. Sounds a lot more menacing when you put it that way, no?

Re:The EU's new Cyber Resilience Act is about to tell us how... by Scandiravian on Friday March 03, 2023 @11:51AM (#35012025)
I think the difference in how government enforces regulations is very different between the EU and US

Overall I don't think EU will go after smaller projects, since that would hurt the economy in an undesirable way. I think it's more likely that they'll use this to go after bigger corporations since that's an actual security risks for member states

That's also why there's a statement about proportionality in the proposal. The more critical the software is, the more you'll need to ensure safety

Re:The EU's new Cyber Resilience Act is about to tell us how... by EGreg on Friday March 03, 2023 @11:56AM (#35012106)
And I predict there will be a lot more pseudonyms like Satoshi cropping up soon.
Re:The EU's new Cyber Resilience Act is about to tell us how... by aww_dang on Friday March 03, 2023 @12:08PM (#35012262)
>Overall I don't think EU will go after smaller projects...

Sure keeping your head down is always a smart choice. But willfully living at the whims of capricious bureaucrats? Given the choice I'd prefer to not have that sword of Damocles in play.

Re:The EU's new Cyber Resilience Act is about to tell us how... by Scandiravian on Friday March 03, 2023 @12:16PM (#35012391)
I prefer having strong governmental institutions with elected officials who answers to their voters compared to large corporations who answer to shareholders

Taking GDPR as an example, it shows that enforcement is done in proportion to the size of the corporation. Big corporations get fined, smaller companies receive warnings

Re:The EU's new Cyber Resilience Act is about to tell us how... by aww_dang on Friday March 03, 2023 @12:35PM (#35012701)
And what of the failure mode when these institutions are swayed by malign incentives?

If there are tangible harms, why have judicial institutions not entertained civil suits? If there are tangible harms, yet the institutions have not entertained civil suits, could it be that malign incentives are already in play?

Would you trust voters in your locality to vote on how you create your next software project? Shall we vote on what you eat for lunch?

Ultimately these discussions boil down to our core premises. Doubtful either of us will convince the other to change those.

Re:The EU's new Cyber Resilience Act is about to tell us how... by Scandiravian on Friday March 03, 2023 @04:09PM (#35015019)
To me it's not about convincing anyone. I'm sharing my views on the topic because I'm interested in hearing other opinions and broaden my perspective

I can understand why some people are worried when looking at how many governmental institutions have failed in their duty to serve the public. The EU has definitely got its share off bad decisions, but overall I think it has a good track

Politically I'd probably identify myself as an anarchist, so if I could change the world to look exactly like I thought best, I'd probably get rid of nation states and governments all together

That's however not how the world works and I'd rather work with the tools I have available right now

There's a war going on not far away from where I live and cyber attacks against critical infrastructure are happening almost daily

Even on this site, where I think discussions are generally pretty civilised, I'm starting to see a lot of retoric that's suspiciously similar to the alt-right retoric in many other places of the the web

It makes me think that there's a growing number of users here on this site who are only here to further their political agenda of authoritarianism and violence

That scares me much more than having to make sure that the code I write doesn't have security vulnerabilities

I think it's worth considering what actions can be taken to preserve society the best under these circumstances (society is different from government and states in this context)

Re:The EU's new Cyber Resilience Act is about to tell us how... by aww_dang on Friday March 03, 2023 @11:16PM (#35018114)
I just like to have the discussion, but the disclaimer helps to keep it civil.

>Politically I'd probably identify myself as an anarchist, so if I could change the world to look exactly like I thought best, I'd probably get rid of nation states and governments all together

For me it doesn't matter if the final stop is minarchism or ancaptistan. Steps towards either are an improvement. Bureaucrats regulating software development isn't it.

>Alt-right...

Maybe you could be more specific here? There was recently an article and video submitted here which accused Murray Rothbard of being a "right-wing extremist". It was yet another sloppily argued anti-cryptocurrency hit piece. Similarly we can call anarchists of all flavors extremists. The term alt-right or extremist is mostly a scare word from my perspective. It is hard to find meaning behind it.

>It makes me think that there's a growing number of users here on this site who are only here to further their political agenda of authoritarianism and violence

>Authoritarianism...

Isn't an authority dictating which kinds of software you may publish authoritarian by definition?

>That scares me much more than having to make sure that the code I write doesn't have security vulnerabilities

Agreed 100%, authoritarianism and individual autonomy is a bigger concern. Which is why I'm not a fan of these regulations. Furthermore, I suspect most users here already put forth an effort to avoid security issues.

In the US there is a bureau called the EPA. When polluters pollute within the guidelines, they have no liability. Perhaps now that software development is regulated we will see similar protections for incompetence.

Re:The EU's new Cyber Resilience Act is about to tell us how... by xhxhxh on Friday March 03, 2023 @01:44PM (#35013453)
Is this satire or are you just retarded?
Re:The EU's new Cyber Resilience Act is about to tell us how... by Scandiravian on Friday March 03, 2023 @04:29PM (#35015276)
Little bit of column A, little bit of column B
Re:The EU's new Cyber Resilience Act is about to tell us how... by fidgewidge on Friday March 03, 2023 @01:57PM (#35013590)
None of the people involved with this law are elected. Even once it reaches the so-called Parliament, the people there don't have any real power. At best they can provide opinions and hope the Commission listens. In practice and exactly because they have no power the EUP is full of cheerleaders who never saw a new EU power they didn't like.
Re:The EU's new Cyber Resilience Act is about to tell us how... by Scandiravian on Friday March 03, 2023 @05:07PM (#35015711)
I'm in disagreement with this. It's simply factually wrong

You seem to mix the purpose of the Commission with that of the Council of the European Union, which is a body that has the power to make decisions. It consists of elected representatives from member states

The European Parliament, which is again all elected representatives, makes decisions that the Commission must implement, not the other way around

The Commission are the ones who draws up proposals and that they hope the Parliament will pass

Please educate yourself on this, as this kind of misinformation is undermining trust in the democratic process

Re:The EU's new Cyber Resilience Act is about to tell us how... by fidgewidge on Saturday March 04, 2023 @04:50AM (#35019631)
You're describing the way a normal democratic government works. The EU parliament can't force the commission to do anything other than a mass resignation, which hasn't happened for decades. The "parliament" can't even propose changes to the law, let alone arbitrarily command the Commission like in a virtual government. That means it's not even really a Parliament!
Re:The EU's new Cyber Resilience Act is about to tell us how... by Scandiravian on Saturday March 04, 2023 @10:42PM (#35026735)
I'm pointing out that your post is factually wrong. Now I'm moving on
Re:The EU's new Cyber Resilience Act is about to tell us how... by fidgewidge on Monday March 06, 2023 @04:07AM (#35038980)
You're using a (hopefully not deliberately) very deceptive set of phrasings to make it sounds like the EP or even the Council is in charge. Almost nobody tries to make that argument because it's clearly not the case and that situation is written into the treaties. All this stuff starts and ends with the Commission which is where all the actual decisions get made, the not-really-a-"Parliament" is just along for the ride and asked to rubber-stamp things from time to time. As for the council, it also cannot actually propose changes to EU law. He who makes the law ... makes the law, it's as simple as that.
Re:The EU's new Cyber Resilience Act is about to tell us how... by fidgewidge on Friday March 03, 2023 @01:56PM (#35013576)
> I don't think EU will go after smaller projects, since that would hurt the economy in an undesirable way

The EU institutions pretty regularly do things that hurt the economy in order to prioritize their own political or social goals, so that doesn't mean much.

Re:The EU's new Cyber Resilience Act is about to tell us how... by Scandiravian on Friday March 03, 2023 @04:32PM (#35015318)
I used the word "undesirable" purposefully. The economy is not the be all end all metric of a successful society; in my opinion at least
Re:The EU's new Cyber Resilience Act is about to tell us how... by fidgewidge on Saturday March 04, 2023 @04:52AM (#35019641)
It renders your statement meaningless then. "The EU won't hurt the economy unless it thinks there's a reason to do so". So what, that statement boils down to nothing.
Re:The EU's new Cyber Resilience Act is about to tell us how... by Scandiravian on Saturday March 04, 2023 @10:41PM (#35026728)
Or I simply deemed that you were not worth the effort needed for writing a longer response with an explanation of the cultural and historical context of European political landscape
Re:The EU's new Cyber Resilience Act is about to tell us how... by Attrecomet on Friday March 03, 2023 @03:40PM (#35014718)
>Overall I don't think EU will go after smaller projects, since that would hurt the economy in an undesirable way. I think it's more likely that they'll use this to go after bigger corporations since that's an actual security risks for member states

That is a very rose-tinted view of EU regulators. Europeans are people like everywhere else on the planet, we're not somehow immune to regulatory capture (though I feel it might help the institutions that we haven't yet powerful blocs like the GOP that set out to destroy any kind of regulation in order to prove it's infeasible). Heck, German industry giants are practically married to the state here, there's absolutely no fucking way a company like VW or Opel will go under if a rich government like Germany can do anything about it.

More to the point, the author themself is pro-CRA for a range of things that seem to have purely positive effects, as they spell out quite clearly in the article. The points brought up are nevertheless important: we shouldn't be okay with legislator making objectively shitty laws devoid of any technical comprehension or economical realism and hope it'll kinda be fine when the bureaucracy and courts actually implement it. Just having the danger of having to pay 15M€ for my open source project because it might be used commercially is a horrendous imposition.

Re:The EU's new Cyber Resilience Act is about to tell us how... by Scandiravian on Friday March 03, 2023 @04:15PM (#35015102)
I agree that the authors points are important - can't see that I've said otherwise anywhere

Looking at the history of GDPR fines, big corporations have been fined large amounts, small companies have gotten warnings

Given that legal precedence I think saying that open-source maintainers risk 15M euro fines is blowing things out of proportion

Re:The EU's new Cyber Resilience Act is about to tell us how... by Attrecomet on Monday March 06, 2023 @03:29AM (#35038743)
European law is a lot less precedence driven that common law (though it still is a bit), so why shouldn't we demand clear rules instead of dangerous vagueness?

And for a small open source project, a 500€ fine is enough to make development and publication unattractive, a percentage of a devs yearly income is painful, and tens of thousands of Euros would be dangerous to the long-term financial well-being of the developers. Even if the fines are a lot lower than 15M€, this proposal stays shit as written.

Re:The EU's new Cyber Resilience Act is about to tell us how... by throw_m239339 on Friday March 03, 2023 @11:47AM (#35011957)
> Many large companies are dependent on open-source libraries. With these regulations they now have (more) incentive to get bugs and vulnerabilities in their dependencies fixed

This is not what is going to happen, what is going to happen is that open source will be deemed a legal liability and every institution will turn to Microsoft proprietary solutions. Nobody is going to put more money into hiring people to fix bugs or vulnerabilities in open source projects.

Re:The EU's new Cyber Resilience Act is about to tell us how... by Scandiravian on Friday March 03, 2023 @12:03PM (#35012207)
How much are you willing to bet on that? I'm happy to put down $1000 that this will not happen

Germany has for instance transitioned to using significantly more open-source software in the governmental institutions, as has many other EU member states

They would not support this proposal if it would result in an expensive reversal of these efforts

Re:The EU's new Cyber Resilience Act is about to tell us how... by EGreg on Friday March 03, 2023 @12:30PM (#35012617)
Governments having standards for themselves and their contractors is just fine: https://www.whitehouse.gov/briefing-room/presidential-action...

Imposing gatekeepers on the rest of the public with penalties even in private use cases is not.

Re:The EU's new Cyber Resilience Act is about to tell us how... by Scandiravian on Friday March 03, 2023 @04:40PM (#35015414)
That's your personal opinion and you're of course welcome to that, though I'm curios why you take such an offence to other regions with a different political situation, cultural history, and most importantly security concerns, implementing laws that you're not subjected to.

Could you expand on that?

Re:The EU's new Cyber Resilience Act is about to tell us how... by EGreg on Sunday March 05, 2023 @08:04AM (#35029272)
Simple: this law will affect me as a software developer. Any software “made available” in Europe can be subject to this, just like with GDPR. And most open source software is designed to be “made available” anywhere!

This is the first time the developers of such free software can be hit with massive fines.

And frankly, even if that wasn’t the case, I care about human beings elsewhere.