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Government open source cybersecurity resource center

Understand the impact of new government and industry cybersecurity requirements in the US and around the world and learn how to stay in compliance

Executive summary: Most important government actions to understand

In recent years, the rise in sophisticated cyberthreats has led to increased global focus on cybersecurity. Governments worldwide are now placing a higher priority on developing strategies and regulations to counter these threats. This summary explores various governmental actions and regulations that specifically impact organizations developing applications with open source software.  

Critical guidance, initiatives, and actions to be aware of: 

Executive branch initiatives

Federal agency guidance and actions

Other cybersecurity initiatives and actions

Summary report from the Request for Information on Open-Source Software Security

In August of 2023, ONCD, CISA, NSF, DARPA, and OMB published a Request for Information (RFI) on Open-Source Software Security in the Federal Register, and in August of 2024 the government released a summary of the responses and next steps coming out of the project. 

What you need to know

  • There's a broad consensus on the need to increase the adoption of memory-safe programming languages to reduce vulnerabilities in applications that are built using open source software. This approach is deemed essential for both new projects and, with a tiered and prioritized strategy, for transitioning legacy systems to safer languages.
  • Respondents placed emphasis on the importance of investing in education across all levels—from high school to professional development—to bolster the workforce capable of developing and maintaining secure open source software.
  • There’s recognition of the importance of public and private partnerships as crucial for advancing the security of the open source ecosystem. This includes fostering relationships that span governmental agencies and private sector organizations to enhance security measures and share vulnerability information effectively.

Tidelift survey data was quoted in the final report, and additional data is included in our full response to the original RFI, which you can read here.

White House National Cybersecurity Strategy

The White House's National Cybersecurity Strategy, launched in March 2023 as a multi-phase effort, is designed to secure a safe and secure digital ecosystem for all Americans. It emphasizes a collaborative approach between the public and private sectors to enhance cybersecurity. The strategy introduces significant shifts in how cybersecurity roles, responsibilities, and resources are allocated, focusing on rebalancing the burden of cybersecurity away from individuals and smaller entities towards more capable organizations. It also aims to realign incentives to encourage long-term investments in cybersecurity to ensure future resilience and protect national interests. 

What you need to know

Organizations building applications with open source should look for impacts in the following areas:

  • The strategy emphasizes strengthening partnerships between government and software manufacturers, and open source communities to enhance security protocols and standards across platforms.
  • It calls for better resource distribution to support the development of secure open source tools and infrastructure critical to national cybersecurity.
  • The strategy emphasizes the importance of realigning incentives to encourage the adoption of secure and resilient open source technologies in critical environments.

Read the plan:

Learn more

OMB memoranda on Enhancing the Security of the Software Supply Chain

OMB memorandum M-22-18 and M-23-16 were issued in response to Executive Order 14028. They aim to enhance the security of the software supply chain by requiring federal agencies and their software vendors to adhere to the Secure Software Development Framework as outlined by NIST (NIST SP 800-218). They mandate that agencies obtain a self-attestation from software producers confirming compliance before using their software. This applies to both newly developed software and existing software undergoing major version changes. The focus is on creating a conformity assessment framework that ensures all software used by federal agencies meets these security standards.

What you need to know

Any organization that sells software to the government will be required to self-attest that their software complies with the NIST guidelines. In addition: 

  • Federal agencies must only use software provided by software producers who can attest to complying with the NIST guidance.
  • Agencies shall collect attestation letters for “critical software” subject to the requirements of M-22-18, three months after OMB approval of the self-attestation form, or June 2024.
  • Agencies shall collect attestation letters for all software subject to the requirements of M-22-18, six months after OMB approval of the self-attestation form or September 2024.

Read more:

Learn more

White House Executive Order 14028 on Improving the Nation’s Cybersecurity

The White House issued Executive Order 14028 on Improving the Nation’s Cybersecurity in May 2021 in response to increasing digital threats like the one that impacted SolarWinds and its customers.

This order set in motion many of the other US government and industry efforts to improve cybersecurity. It had many elements that specifically impacted organizations developing applications with open source, and set timelines for more detailed guidelines from NIST, CISA, and the OMB.

What you need to know

Executive Order 14028 has numerous provisions that organizations using open source to develop applications should understand. At a high level, it states that organizations will need to begin to attest to the health, security, and provenance of all the software components that go into their applications. Among other stipulations, it recommends that organizations:

  • Maintain accurate and up-to-date data of their software code, components, and controls on internal and third-party software components, tools, and services present in software development processes, and perform audits and enforcement of these controls on a recurring basis.
  • Provide purchasers with a software bill of materials (SBOM) for each product directly or publish it on a public website.
  • Ensure and attest, to the extent practicable, to the integrity and provenance of open source software used within any portion of a product.

Learn more

CISA Secure by Design pledge

The CISA's Secure by Design pledge is a commitment by organizations to integrate security measures right from the design phase of their products and services. It emphasizes the importance of building security into the infrastructure and operations, not merely addressing it post-development. This approach aims to mitigate vulnerabilities early, enhance overall cybersecurity, and ensure the resilience of digital environments against emerging threats. The pledge calls for collaboration across industries to uphold rigorous security standards throughout the lifecycle of tech products and services. 

Tidelift is a proud signee of the Secure by Design pledge, having joined other leading technology companies in an industry-wide effort to ensure security is built into the design of products from the start. Learn more about how Tidelift is delivering on the requirements of the pledge. 

What you need to know 

All organizations participating in this pledge are making a good-faith effort to work towards a set of important security outcomes centered around software development within the first year to demonstrate: 

  • Actions taken to measurably increase the use of multi-factor authentication across the manufacturer’s products.
  • Measurable progress towards reducing default passwords across the manufacturers’ products.
  • Actions taken towards enabling a significant measurable reduction in the prevalence of one or more vulnerability classes across the manufacturer’s products.
  • Actions taken to publish a vulnerability disclosure policy (VDP) that authorizes testing by members of the public on products offered by the manufacturer; commit to not recommending or pursuing legal action against anyone engaging in good faith efforts to follow the VDP, provide a clear channel for reporting vulnerabilities, and allowing for public disclosure of vulnerabilities in line with coordinated vulnerability disclosure best practices.

Learn more about the CISA Secure by Demand Guide, which lays out questions and resources that organizations buying software can use to better understand a software manufacturer’s approach to cybersecurity and ensure that the manufacturer makes secure by design a core consideration.

FDA: Cybersecurity in Medical Devices Quality System Considerations and Content of Premarket Submissions

Cybersecurity in Medical Devices: Quality System Considerations and Content of Premarket Submissions released by the Food and Drug Administration (FDA), outlines guidelines for incorporating cybersecurity measures into the design and development of medical devices. It emphasizes the importance of considering cybersecurity throughout the device lifecycle, including during the premarket phase. Manufacturers are urged to implement comprehensive cybersecurity practices to protect devices from risks associated with unauthorized access and ensure patient safety. The guidance details specific cybersecurity documentation that should be included in premarket submissions to demonstrate how manufacturers assess and mitigate potential cybersecurity threats.

What you need to know

  • Ensure that cybersecurity measures are an integral part of the software development lifecycle from the earliest stages, especially when using open source components, to prevent vulnerabilities.
  • Maintain comprehensive documentation of all cybersecurity practices and controls implemented in open source components, as required for premarket submissions.
  • Implement continuous monitoring and regular updates for open source software used in medical devices to address new vulnerabilities as they emerge and maintain compliance with regulatory standards.

 

NIST guidance on securing the software supply chain

As directed by Executive Order 14028, the National Institute of Standards and Technology (NIST) published specific guidance on secure software development standards (including for third-party software) in its NIST Secure Software Development Framework and NIST Software Supply Chain Security Guidance documents.

What you need to know

  • Software suppliers to U.S. government agencies will be required to make a good-faith effort to maintain trusted source code supply chains by employing automated tools or comparable processes to address the security of internal code and third-party components and manage related vulnerabilities.
  • Software suppliers to U.S. government agencies will need to maintain provenance for internal code and third-party components incorporated into the software to the greatest extent feasible.

Learn more

European Union Cyber Resiliency Act (CRA)

The European Union's Cyber Resilience Act is a pivotal regulation designed to enhance cybersecurity across digital products and services within the EU. It sets forth mandatory cybersecurity requirements for manufacturers and developers to ensure that digital products, including both hardware and software, are safer and more secure. The Act mandates the adoption of cybersecurity measures such as incident reporting and vulnerability remediation. It aims to reduce the cybersecurity risks associated with digital products by establishing a uniform standard of cyber resilience, thereby protecting consumers and strengthening the internal market.

What you need to know

  • Organizations must integrate comprehensive security measures from the initial stages of development, including open source components, ensuring all applications are built to meet the Act's stringent security standards.
  • Organizations need effective mechanisms for quickly detecting and reporting security incidents including the open source components in use, aligning with EU incident reporting guidelines.
  • Continuous monitoring and timely updates of open source software are crucial to mitigate vulnerabilities, maintain security, and comply with the ongoing requirements of the CRA.

Learn more

New York State Department of Financial Services 23 NYCRR 500

The New York State Department of Financial Services' regulation 23 NYCRR 500 establishes cybersecurity requirements for financial services companies within New York. This comprehensive framework mandates that these companies implement a cybersecurity program tailored to their specific risk profiles, which includes regular risk assessments and the development of policies and procedures to protect information systems and nonpublic data. A key requirement is the designation of a Chief Information Security Officer (CISO) to oversee and enforce the cybersecurity program. Additionally, the regulation requires regular penetration testing and vulnerability assessments, as well as timely notification to the DFS about significant cybersecurity events. This set of standards is pivotal in bolstering the cybersecurity posture of New York’s financial services sector against the increasing threat of cyber attacks.

What you need to know

  • Organizations must conduct detailed risk assessments of all their software components, including their open source components, to identify potential vulnerabilities and ensure that cybersecurity measures are aligned with the risk levels.
  • Organizations need to establish and maintain robust incident response plans that include procedures for responding to cybersecurity events including open source software, ensuring rapid action and compliance with regulatory reporting requirements.
  • Responsible authorities must oversee the cybersecurity program, ensuring that open source software is included in the institution's overall cybersecurity strategy and that appropriate security practices are enforced. 

The critical role of open source maintainers in complying with government cybersecurity guidelines

To comply with these requirements, organizations will need visibility and specific insights relating to security, maintenance, development, and licensing practices for the open source software supply chain that they are relying on for application development.  Yet, the so-called open source software supply chain is not a traditional supply chain in that open source maintainers typically do not have a business relationship with their users and license their software “as-is” with no warranty.

How organizations using open source can comply with U.S. government requirements

Organizations will be required to make a good-faith effort to maintain trusted source code supply chains to address the security of not only the software they write, but also included third-party open source software components. The hard reality is that doing the work to ensure appropriate secure development practices are in place and correctly documented on open source projects takes time, and can get challenging to scale, especially considering most organizations typically rely on thousands of open source packages. 

Tidelift has been working to address these very challenges. Tidelift partners with the maintainers of thousands of the most-relied-upon open source packages and pays them to implement and document industry-leading secure software development practices like those recommended in NIST Secure Software Development Framework and the OpenSSF scorecards. The result is a unique source of cross-ecosystem intelligence that organizations can use to address government and industry cybersecurity requirements. 

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How the NIST Secure Software Development Framework (SSDF) impacts open source software

In this recorded webinar, you will learn:

  • A breakdown of the four areas of work as categorized by the NIST framework 
  • What the NIST SSDF means for open source software maintainers (hint: more unpaid work)
  • Next steps to prepare for the impending NIST SSDF requirements and how Tidelift can help

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How the NIST SSDF impacts open source software