back to article The truth about that draft law banning Uncle Sam buying insecure software

An attempt by lawmakers to improve parts of the US government's cybersecurity defenses has raised questions – and hackles – among infosec professionals. The National Defense Authorization Act for Fiscal Year 2023 – which, if passed, provides billions in funding for the American military and other critical areas of the …

  1. PhilipN Silver badge

    First read it as "daft" law


  2. jmch Silver badge

    Nice dream

    "blocking purchases on that basis would halt the government's procurement system in its mighty military-industrial tracks"

  3. Binraider Silver badge

    "all code has bugs""

    All useful code has bugs!

    FTFY :-)

  4. Mike 137 Silver badge

    Another reality

    "free from all known vulnerabilities or defects affecting the security of the end product or service"

    All the vendor has to do is stop effective security testing. Then by default they won't know about any such bugs.

    What the law really should do is require a full security test report from the vendor, against criteria set by the purchasing agency, and preferably conducted by an independent thrid party.

    1. druck Silver badge

      Re: Another reality

      That's why the article mentioned running bug bounty programs on other companies software. They might not raise CVE's themselves to be able to compete for USG contracts, but their competitors sure as hell will.

    2. Scene it all

      Re: Another reality

      There was a time when Oracle would sue anyone attempting to reverse-engineer their products in order to find or fix security problems. And of course Microsoft Office, *so far* behind the 8-ball on this, is effectively excluded...

  5. OhForF' Silver badge

    If the d(r)aft law really says

    A certification that each item listed on the submitted bill of materials is free from all known vulnerabilities or defects affecting the security of the end product or service.

    it doesn't really matter if there are bugs as long they are not already known.

    I don't see why a strict reading of this would it make impossible to buy/deploy any new software.

    Forcing the software suppliers to include a software bill of materials that states any and all libraries and version number used in the product and getting a certification that they contain no known vulnerabilities at the time of purchase is a first step.

    Somebody will have to keep track of all that information and match it to any new vulnerabilities that are discovered to then check if mitigations measures or fixes need to be applied.

    Unless the lawmakers although outlined how that process is to be done and estimated the costs and allocated the necessary funds it won't significantly improve security.

    1. Richard 12 Silver badge

      What do your competitors do?

      A competing company can search your product for anything they can vaguely claim as being a security defect.

      When they find something, they can sit on it during tendering, then publish it just before the contract is signed/product delivered.

      It's then a "known" defect, and you're stuck.

      Worse, they can do that for things which aren't actually a security defect, forcing you to investigate, then prove it's not a security issue.

      It's trivial for companies to abuse in such a way that their competitors lose business but products don't in fact get any more secure.

      1. Cav Bronze badge

        Re: What do your competitors do?

        "A competing company can search your product for anything they can vaguely claim as being a security defect."

        Which they can do now.

      2. veti Silver badge

        Re: What do your competitors do?

        If the result is that companies test each others' products and publish the vulnerabilities they find, then that's a win in itself.

        But to my mind the likeliest reaction would be a huge decrease in using prewritten software and an increase in big companies, who can afford it, writing their own special-purpose proprietary software from scratch. If it never gets deployed anywhere public, it won't be tested, therefore the vulnerabilities are much less likely to become known.

        Of course it will probably be way buggier than code that has been deployed and used publicly, but hey, at least they'll be able to certify it.

      3. Aitor 1

        Re: What do your competitors do?

        Just make a huge encrypted blob and issue a "license" that prevents anyone from accessing the innards,plus agreed penalties in case they do.

        If they raise an issue, sue them.

  6. Santa from Exeter

    Imagine the scenario

    Ubcle Sam is about to roll out a new version of Windows when, surprise, surprise, it's found to have a security issue. No updates for you lot, keep on running the buggy crap we already have (note, this only covers *new buys*)!

    1. Version 1.0 Silver badge

      Re: Imagine the scenario

      I've written several programs that have been purchased and used by US military researchers over many years, they have been very happy that the programs require zero internet access even for their registration.

      1. Marty McFly Silver badge
        Thumb Down

        Re: Imagine the scenario

        I just love Dark Networks. No traffic in or out, so no telemetry or software registration process allowed. We cannot tell you how many computers are on the Dark Network because of national security reasons.

        "We would like to buy one license, please".


        1. doublelayer Silver badge

          Re: Imagine the scenario

          If you don't trust the kind of governments that can pay virtually any amount of money, then that's a problem but not one a lot of people share. If the government really wants ten thousand licenses, they're likely to pay for them and possibly use the larger contract to get other stuff they want, such as priority for bug fixes and feature requests. They do have some pretty good reasons not to want their computers connected to the public internet so your license server, which they haven't audited, can accept a key and potentially log information about where that license the government bought is being used.

      2. Paul Hovnanian Silver badge
        Big Brother

        Re: Imagine the scenario

        And such software usually comes attached to a security clearance with a "need to know" authorization. So there won't be many competitors conducting bug hunts through it.

  7. YetAnotherJoeBlow

    "...submitted bill of materials is free from all known vulnerabilities or defects affecting the security of the end product or service."

    It does not sound ambiguous to me, especially since the supreme court is full of constitutionalists.

    What this would stop is selling software with a known bug - like Apple selling IOS to Uncle Sam with a known security vulnerability, like a VPN data leak for instance.

    Oh wait...

  8. aerogems Silver badge

    What's the point?

    So you start off with saying that you can't buy software with known security exploits. Fair enough. However, you then go on to say you can ignore all that if the vendor promises they're going to fix it. Isn't this basically just best practice anyway? Why would you buy software that you 1) know is buggy/exploitable, and 2) that the vendor has no plans to fix? Sure, the Trump administration exposed how a lot of things we always figured were laws were really just convention/best practices, but generally these sorts of purchases are handled by the career civil servants who will be around during the next administration, and the one after that, and be supporting it the entire time.

    1. Paul Crawford Silver badge

      Re: What's the point?

      What is needed is a requirement for vendors to fix bugs in any software in less than X days after notification and for Y years after it was sold, or face big fines on behalf of everyone.

      All complex software has bugs of some for or another, but what differs between companies is the way they fix (or don't) those bugs and the time it takes to do so. If they turn out crap software due to piss-poor QA (looking at you MS) then they will have to work hard to fix it or pay up a LOT!

      1. aerogems Silver badge
        Thumb Up

        Re: What's the point?

        A rule like that would probably eliminate Oracle from nearly every government contract bid. Sounds good!

        1. veti Silver badge

          Re: What's the point?

          A rule like that would eliminate software as we know it.

          1. Binraider Silver badge

            Re: What's the point?

            I fail to see the disadvantage!

      2. Strahd Ivarius Silver badge

        Re: What's the point?

        So now the govt requires to have bugs fixed the next day after notification, for a duration of 999 years after it was sold?

  9. abstract

    Law for law's sake

    The show off must go on.

  10. ITMA Silver badge


    Microsoft could be up shit creek without a paddle then....

  11. NoneSuch Silver badge
    Thumb Down

    "A certification that each item listed on the submitted bill of materials is free from all known vulnerabilities or defects affecting the security of the end product or service."

    Any such item would be unpowered, embedded in meter thick reinforced concrete and on the Dark Side of the Moon in a deep crater.

  12. Anonymous Coward
    Anonymous Coward

    What with the what how?

    > "Unfortunately, it's typical behavior of our legislators to issue mandates that describe the 'what' but not the 'how,'" he said.

    Isn't this exactly what experts in every field keep telling legislators to do? Stick to defining the "what" - the political objective - and don't prescribe the "how" - the technical implementation?

    When the EU proposed a unified smartphone charging standard (the "what"), people were most up in arms about it naming a specific technology, MicroUSB (the "how")!

    1. abstract

      Re: What with the what how?

      If there is a need for governmental inspection, validation or whatever, the "how" needs to be specified.

      1. Pascal

        Re: What with the what how?

        The law should deal with the "what" and determine what agency is responsible for defining/managing the "how".

        1. abstract

          Re: What with the what how?

          At the level of the law determining which agency is defining the "how".

          People would been asking the "how" if an agency was determined.

        2. ITMA Silver badge

          Re: What with the what how?

          In the same way the FAA were the agency responsible for certifying the Boeing 737 MAX as air worthy?

          That worked SO well didn't it....

  13. Marty McFly Silver badge

    I smell a pile of RFP bravo-sierra

    Question 1: The vendor affirms their software has no unknown vulnerabilities in their product. Yes/No

    (The correct answer is: Yes, we know about its vulnerabilities, and it has a bunch of them.

  14. abstract

    why don't just create some security certifications

    You have to have your software certified level 1,2 or 3 and that's all.

    Plus it will create jobs for all those Chinese and Indian immigrants who will be in charge of certifying that the white supremacists can sleep in peace.

  15. Cav Bronze badge

    "A certification that each item listed on the submitted bill of materials is free from all known vulnerabilities or defects affecting the security of the end product or service."

    There is nothing wrong with this at all. Certainly the complaint that "not all vulnerabilities are signifcant" is pointless in the context of the above wording. If the vulnerability is not significant then, by definition, it is not "affecting the security of the end product or service".

    1. Anonymous Coward
      Anonymous Coward

      the best way would be to require that all software is open source.

      1. doublelayer Silver badge

        That would be nice, but it wouldn't fix the problem about security. You can build insecure stuff out of open source components. Quite frequently, the problem addressed in the SBOM requirements is that third-party dependencies, often open source ones, have vulnerabilities and the user of those dependencies didn't update their product. Sometimes, those dependencies have vulnerabilities but nobody bothered to fix them, including the original maintainers. Just making everything open source won't fix any of that stuff.

  16. Cav Bronze badge

    What this does do is to allow the legal assignment of culpability. There is no "you use the product as-is". You certified that the product was free of security vulnerabilities. It isn't and so you are liable for costs and compensation, not just loss of future business.

    1. Pascal

      Not even a little bit, since they can still go ahead as long as the existing vulnerabilities don't affect security or there is a mitigation plan. At best it encourages disclosure --- and only of KNOWN vulnerabilities at that. If the biggest flaw imaginable is discovered the next day, it "was there", but it wasn't known.

    2. Anonymous Coward


      What this provides is a legal basis for a contract mod. "We just discovered an unknown vulnerability and request a boatload of dollars to fix it."

      This is instead of the best practice where they apply patches as the are released for new vulnerabilities.

  17. Joe Gurman

    Not really a change

    At least at the US federal agency where I worked until about four years ago. You simply weren’t allowed to buy software or hardware that hadn’t been checked out by the FBI and certified as safe to put on machines on a government network.

    1. Strahd Ivarius Silver badge

      Re: Not really a change

      So you don't use any software from Oracle, IBM, Microsoft, Google or any other US provider or consulting firm?

      Because none of them is safe nor properly tested, based on my experience...

      (and I don't say that because I got a bunch of mails today about new vulnerabilities in products from the above firms)

  18. Sparkus

    Who is the 'get out of jail free card' really for?

    The insecure software companies or civil 'service' federal employee and federal union staffers?

    Don't underestimate the bureaucratic capture of the legislative, judicial, or regulatory processes by these groups of entities.

  19. John Savard

    The Naked Sun

    Isaac Asimov's The Naked Sun was the second of his Daneel Olivaw novels, the sequel to The Caves of Steel. I once had a paperback editioin of that book, which said (in the back cover blurb) the world would not be safe until it understood the implications of a new kind of robot that the Three Laws only prevented from knowingly doing harm to humans. Apparently, the earlier robots were able to magically foresee the consequences of their actions without conventional sources of information.

    You know what they say: They don't make 'em like they used to!

    I was reminded of this when reading that the U.S. government was going to make its computers secure by only buying software without known flaws. Which I suppose means they can only buy Windows after Patch Tuesday, not before.

POST COMMENT House rules

Not a member of The Register? Create a new account here.

  • Enter your comment

  • Add an icon

Anonymous cowards cannot choose their icon

Other stories you might like