aboutsummaryrefslogtreecommitdiffstats
path: root/english/vote
diff options
context:
space:
mode:
authorKurt Roeckx <kurt@roeckx.be>2023-11-29 21:31:44 +0100
committerKurt Roeckx <kurt@roeckx.be>2023-11-29 21:31:44 +0100
commitaec8410e6856134ee1786e14ec2bdc3e95a34dc6 (patch)
tree5f66e13f7bce4a003d979c01a43eab6dedc4d1c9 /english/vote
parent64b97bc2aa967bb0b90879ae9cd78eeaaa02af41 (diff)
Update vote page
Diffstat (limited to 'english/vote')
-rw-r--r--english/vote/2023/vote_002.wml256
1 files changed, 196 insertions, 60 deletions
diff --git a/english/vote/2023/vote_002.wml b/english/vote/2023/vote_002.wml
index 32a6bbcf3ee..7ec1008918c 100644
--- a/english/vote/2023/vote_002.wml
+++ b/english/vote/2023/vote_002.wml
@@ -42,7 +42,7 @@ ol.a {list-style-type: lower-alpha;}
<tr>
<th>Discussion Period:</th>
<td>2023-11-12</td>
- <td>2023-11-25</td>
+ <td>2023-12-03</td>
</tr>
# <tr>
# <th>Voting period:</th>
@@ -53,7 +53,9 @@ ol.a {list-style-type: lower-alpha;}
<vproposera />
<p>Santiago Ruano Rincón [<email santiago@debian.org>]
- [<a href='https://lists.debian.org/debian-vote/2023/11/msg00000.html'>text of proposal</a>]
+ [<a href='https://lists.debian.org/debian-vote/2023/11/msg00000.html'>text of original proposal</a>]
+ [<a href='https://lists.debian.org/debian-vote/2023/11/msg00117.html'>text of amended proposal</a>]
+ [<a href='https://lists.debian.org/debian-vote/2023/11/msg00125.html'>text of final amended proposal</a>]
</p>
<vsecondsa />
<ol>
@@ -73,17 +75,16 @@ ol.a {list-style-type: lower-alpha;}
<p>The European Union is currently preparing a regulation "on horizontal
cybersecurity requirements for products with digital elements" known as
- the Cyber Resilience Act (CRA). It's currently in the final "trilogue"
- phase of the legislative process. The act includes a set of essential
+ the Cyber Resilience Act (CRA). It is currently in the final "trilogue"
+ phase of the legislative process. The act includes a set of essential
cybersecurity and vulnerability handling requirements for manufacturers.
It will require products to be accompanied by information and
instructions to the user. Manufacturers will need to perform risk
- assessments and produce technical documentation and for critical
- components, have third-party audits conducted. Discoverded security
+ assessments and produce technical documentation and, for critical
+ components, have third-party audits conducted. Discovered security
issues will have to be reported to European authorities within 24 hours
(1). The CRA will be followed up by the Product Liability Directive
- (PLD) which will introduce compulsory liability for software. More
- information about the proposed legislation and its consequences in (2).</p>
+ (PLD) which will introduce compulsory liability for software.</p>
<p>While a lot of these regulations seem reasonable, the Debian project
believes that there are grave problems for Free Software projects
@@ -91,83 +92,82 @@ ol.a {list-style-type: lower-alpha;}
statement:</p>
<ol>
- <li> Free Software has always been a gift, freely given to society, to
+ <li> Free Software has always been a gift, freely given to society, to
take and to use as seen fit, for whatever purpose. Free Software has
proven to be an asset in our digital age and the proposed EU Cyber
Resilience Act is going to be detrimental to it.
<ol class="a">
- <li> It is Debian's goal to "make the best system we can, so that
- free works will be widely distributed and used." Imposing requirements
- such as those proposed in the act makes it legally perilous for others
- to redistribute our works and endangers our commitment to "provide an
- integrated system of high-quality materials _with no legal restrictions_
- that would prevent such uses of the system". (3)</li>
+ <li> As the Debian Social Contract states, our goal is "make the best
+ system we can, so that free works will be widely distributed and used."
+ Imposing requirements such as those proposed in the act makes it legally
+ perilous for others to redistribute our work and endangers our commitment
+ to "provide an integrated system of high-quality materials with no legal
+ restrictions that would prevent such uses of the system". (2)</li>
<li> Knowing whether software is commercial or not isn't feasible,
neither in Debian nor in most free software projects - we don't track
people's employment status or history, nor do we check who finances
- upstream projects.</li>
+ upstream projects (the original projects that we integrate in our
+ operating system).</li>
- <li> If upstream projects stop developing for fear of being in the
+ <li> If upstream projects stop making available their code
+ for fear of being in the
scope of CRA and its financial consequences, system security will
- actually get worse instead of better.</li>
+ actually get worse rather than better.</li>
- <li> Having to get legal advice before giving a present to society
+ <li> Having to get legal advice before giving a gift to society
will discourage many developers, especially those without a company or
- other organisation supporting them.</li>
- </ol>
- </li>
+ other organisation supporting them.</li></ol></li>
<li> Debian is well known for its security track record through practices
of responsible disclosure and coordination with upstream developers and
other Free Software projects. We aim to live up to the commitment made
- in the Social Contract: "We will not hide problems." (3)
+ in the Debian Social Contract: "We will not hide problems." (3)
+
<ol class="a">
- <li>The Free Software community has developed a fine-tuned, well
- working system of responsible disclosure in case of security issues
- which will be overturned by the mandatory reporting to European
- authorities within 24 hours (Art. 11 CRA).</li>
+ <li> The Free Software community has developed a fine-tuned,
+ tried-and-tested system of responsible disclosure in case of security
+ issues which will be overturned by the mandatory reporting to European
+ authorities within 24 hours (Art. 11 CRA).</li>
- <li>Debian spends a lot of volunteering time on security issues,
+ <li> Debian spends a lot of volunteering time on security issues,
provides quick security updates and works closely together with upstream
- projects, in coordination with other vendors. To protect its users,
+ projects and in coordination with other vendors. To protect its users,
Debian regularly participates in limited embargos to coordinate fixes to
- security issues so that all other major Linux distributions can also
- have a complete fix when the vulnerability is disclosed.</li>
+ security issues so that all other major Linux distributions can also have
+ a complete fix when the vulnerability is disclosed.</li>
- <li>Security issue tracking and remediation is intentionally
+ <li> Security issue tracking and remediation is intentionally
decentralized and distributed. The reporting of security issues to
- ENISA and the intended propagation to other authorities and national
- administrations would collect all software vulnerabilities in one place,
- greatly increasing the risk of leaking information about vulnerabilities
+ ENISA and the intended propagation to other authorities and national
+ administrations would collect all software vulnerabilities in one place.
+ This greatly increases the risk of leaking information about vulnerabilities
to threat actors, representing a threat for all the users around the
world, including European citizens.</li>
- <li>Activists use Debian (e.g. through derivatives such as Tails),
+ <li> Activists use Debian (e.g. through derivatives such as Tails),
among other reasons, to protect themselves from authoritarian
governments; handing threat actors exploits they can use for oppression
is against what Debian stands for.</li>
- <li>Developers and companies will downplay security issues because
- a "security" issue now comes with legal implications. Less clarity on
- what is truly a security issue will hurt users by leaving them vulnerable.</li>
- </ol>
- </li>
+ <li> Developers and companies will downplay security issues because
+ a "security" issue now comes with legal implications. Less clarity on
+ what is truly a security issue will hurt users by leaving them vulnerable.</li></ol></li>
- <li>While proprietary software is developed behind closed doors, Free
+ <li> While proprietary software is developed behind closed doors, Free
Software development is done in the open, transparent for everyone. To
- keep even with proprietary software the open development process needs
- to be entirely exempt from CRA requirements, just as the development of
- software in private is. A "making available on the market" can only be
+ retain parity with proprietary software the open development process needs
+ to be entirely exempt from CRA requirements, just as the development of
+ software in private is. A "making available on the market" can only be
considered after development is finished and the software is released.</li>
- <li>Even if only "commercial activities" are in the scope of CRA, the
+ <li> Even if only "commercial activities" are in the scope of CRA, the
Free Software community - and as a consequence, everybody - will lose a
- lot of small projects. CRA will force many small enterprises and most
- probably all self employed developers out of business because they
- simply cannot fullfill the requirements imposed by CRA. Debian and other
- Linux distributions depend on their work. It is not understandable why
- the EU aims to cripple not only an established community but also a
+ lot of small projects. CRA will force many small enterprises and most
+ probably all self employed developers out of business because they
+ simply cannot fulfill the requirements imposed by CRA. Debian and other
+ Linux distributions depend on their work. If accepted as it is,
+ CRA will undermine not only an established community but also a
thriving market. CRA needs an exemption for small businesses and, at the
very least, solo-entrepreneurs.</li>
</ol>
@@ -177,20 +177,156 @@ ol.a {list-style-type: lower-alpha;}
<p>Sources:</p>
<p>(1)<br />
- <a href='https://www.europarl.europa.eu/legislative-train/theme-a-europe-fit-for-the-digital-age/file-proposal-for-cybersecurity-regulation'>CRA proposals and links</a><br />
+ <a href='https://www.europarl.europa.eu/legislative-train/theme-a-europe-fit-for-the-digital-age/file-european-cyber-resilience-act'>CRA proposals and links</a><br />
<a href='https://www.europarl.europa.eu/legislative-train/theme-a-europe-fit-for-the-digital-age/file-new-product-liability-directive'>PLD proposals and links</a></p>
- </p>
- (2) Background information:<br />
- <a href='https://blog.documentfoundation.org/blog/2023/01/24/tdf-position-on-eus-proposed-cyber-resilience-act/'>https://blog.documentfoundation.org/blog/2023/01/24/tdf-position-on-eus-proposed-cyber-resilience-act/</a><br />
- <a href='https://blogs.eclipse.org/post/mike-milinkovich/european-cyber-resilience-act-potential-impact-eclipse-foundation'>https://blogs.eclipse.org/post/mike-milinkovich/european-cyber-resilience-act-potential-impact-eclipse-foundation</a><br />
- <a href='https://labs.ripe.net/author/maarten-aertsen/open-source-software-vs-the-proposed-cyber-resilience-act/'>https://labs.ripe.net/author/maarten-aertsen/open-source-software-vs-the-proposed-cyber-resilience-act/</a><br />
- <a href='https://blog.opensource.org/author/webmink/'>https://blog.opensource.org/author/webmink/</a><br />
- <a href='https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13410-Cyber-resilience-act-new-cybersecurity-rules-for-digital-products-and-ancillary-services/F3376542_en'>Detailed analysis</a>
+ <p>(2) <a href='https://www.debian.org/social_contract'>Debian Social Contract No. 2, 3 and 4</a></p>
+
+ <vproposerb />
+ <p>Luca Boccassi [<email bluca@debian.org>]
+ [<a href='https://lists.debian.org/debian-vote/2023/11/msg00065.html'>text of proposal</a>]
</p>
+ <vsecondsb />
+ <ol>
+ <li>Aigars Mahinovs [<email aigarius@debian.org>] [<a href='https://lists.debian.org/debian-vote/2023/11/msg00073.html'>mail</a>]</li>
+ <li>Chris Hofstaedtler [<email zeha@debian.org>] [<a href='https://lists.debian.org/debian-vote/2023/11/msg00075.html'>mail</a>]</li>
+ <li>Lucas Nussbaum [<email lucas@debian.org>] [<a href='https://lists.debian.org/debian-vote/2023/11/msg00076.html'>mail</a>]</li>
+ <li>Michael Biebl [<email biebl@debian.org>] [<a href='https://lists.debian.org/debian-vote/2023/11/msg00077.html'>mail</a>]</li>
+ <li>Russ Allbery [<email rra@debian.org>] [<a href='https://lists.debian.org/debian-vote/2023/11/msg00123.html'>mail</a>]</li>
+ <li>Holger Levsen [<email holger@debian.org>] [<a href='https://lists.debian.org/debian-vote/2023/11/msg00134.html'>mail</a>]</li>
+ </ol>
+ <vtextb />
+<h3>Choice 2</h3>
+
+ <h4>Debian Public Statement about the EU Cyber Resilience Act and the
+ Product Liability Directive</h4>
+
+ <p>The European Union is currently preparing a regulation "on horizontal
+ cybersecurity requirements for products with digital elements" known as
+ the Cyber Resilience Act (CRA). It's currently in the final "trilogue"
+ phase of the legislative process. The act includes a set of essential
+ cybersecurity and vulnerability handling requirements for manufacturers.
+ It will require products to be accompanied by information and
+ instructions to the user. Manufacturers will need to perform risk
+ assessments and produce technical documentation and for critical
+ components, have third-party audits conducted. Security issues under
+ active exploitation will have to be reported to European authorities
+ within 24 hours (1). The CRA will be followed up by an update to the
+ existing Product Liability Directive (PLD) which, among other things,
+ will introduce the requirement for products on the market using software
+ to be able to receive updates to address security vulnerabilities.</p>
+
+ <p>Given the current state of the electronics and computing devices market,
+ constellated with too many irresponsible vendors not taking enough
+ precautions to ensure and maintain the security of their products,
+ resulting in grave issues such as the plague of ransomware (that, among
+ other things, has often caused public services to be severely hampered or
+ shut down entirely, across the European Union and beyond, to the
+ detriment of its citizens), the Debian project welcomes this initiative
+ and supports its spirit and intent.</p>
+
+ <p>The Debian project believes Free and Open Source Software Projects to be
+ very well positioned to respond to modern challenges around security and
+ accountability that these regulations aim to improve for products
+ commercialized on the Single Market. Debian is well known for its
+ security track record through practices of responsible disclosure and
+ coordination with upstream developers and other Free and Open Source
+ Software projects. The project aims to live up to the commitment made in
+ the Debian Social Contract: "We will not hide problems." (2)</p>
+
+ <p>The Debian project welcomes the attempt of the legislators to ensure
+ that the development of Free and Open Source Software is not negatively
+ affected by these regulations, as clearly expressed by the European
+ Commission in response to stakeholders' requests (1) and as stated in
+ Recital 10 of the preamble to the CRA:</p>
+
+<pre>
+ 'In order not to hamper innovation or research, free and open-source
+ software developed or supplied outside the course of a commercial
+ activity should not be covered by this Regulation.'
+</pre>
+
+ <p>The Debian project however notes that not enough emphasis has been
+ employed in all parts of these regulations to clearly exonerate Free
+ and Open Source Software developers and maintainers from being subject
+ to the same liabilities as commercial vendors, which has caused
+ uncertainty and worry among such stakeholders.</p>
+
+ <p>Therefore, the Debian project asks the legislators to enhance the
+ text of these regulations to clarify beyond any reasonable doubt that
+ Free and Open Source Software developers and contributors are not going
+ to be treated as commercial vendors in the exercise of their duties when
+ merely developing and publishing Free and Open Source Software, with
+ special emphasis on clarifying grey areas, such as donations,
+ contributions from commercial companies and developing Free and Open
+ Source Software that may be later commercialised by a commercial vendor.
+ It is fundamental for the interests of the European Union itself that
+ Free and Open Source Software development can continue to thrive and
+ produce high quality software components, applications and operating
+ systems, and this can only happen if Free and Open Source Software
+ developers and contributors can continue to work on these projects as
+ they have been doing before these new regulations, especially but not
+ exclusively in the context of nonprofit organizations, without being
+ encumbered by legal requirements that are only appropriate for
+ commercial companies and enterprises.</p>
+
+ <hrline />
+
+ <p>Sources:</p>
- <p>(3) <a href='https://www.debian.org/social_contract'>Debian Social Contract No. 2, 3 and 4</a></p>
+ <p>(1)<br />
+ <a href='https://www.europarl.europa.eu/legislative-train/theme-a-europe-fit-for-the-digital-age/file-proposal-for-cybersecurity-regulation'>CRA proposals and links</a><br />
+ <a href='https://www.europarl.europa.eu/legislative-train/theme-a-europe-fit-for-the-digital-age/file-new-product-liability-directive'>PLD proposals and links</a><br />
+ <a href='https://www.europarl.europa.eu/doceo/document/E-9-2023-002473-ASW_EN.html'>Response from the European Commission to a question from the European Parliament on FOSS awareness</a></p>
+
+ <p>(2) <a href='https://www.debian.org/social_contract'>Debian Social Contract No. 2, 3 and 4</a></p>
+
+ <vproposerc />
+ <p>Bart Martens [<email bartm@debian.org>]
+ [<a href='https://lists.debian.org/debian-vote/2023/11/msg00102.html'>text of proposal</a>]
+ </p>
+ <vsecondsc />
+ <ol>
+ <li>ChangZhuo Chen (陳昌倬) [<email czchen@debian.org>] [<a href='https://lists.debian.org/debian-vote/2023/11/msg00105.html'>mail</a>]</li>
+ <li>Paul Wise [<email pabs@debian.org>] [<a href='https://lists.debian.org/debian-vote/2023/11/msg00108.html'>mail</a>]</li>
+ <li>Simon Richter [<email sjr@debian.org>] [<a href='https://lists.debian.org/debian-vote/2023/11/msg00110.html'>mail</a>]</li>
+ <li>Laura Arjona Reina [<email larjona@debian.org>] [<a href='https://lists.debian.org/debian-vote/2023/11/msg00113.html'>mail</a>]</li>
+ <li>Holger Levsen [<email holger@debian.org>] [<a href='https://lists.debian.org/debian-vote/2023/11/msg00135.html'>mail</a>]</li>
+ </ol>
+ <vtextc />
+<h3>Choice 3</h3>
+
+<h4>Debian Public Statement about the EU Cyber Resilience Act (CRA) and the
+Product Liability Directive (PLD)</h4>
+
+<p>The CRA includes requirements for manufacturers of software, followed
+up by the PLD with compulsory liability for software. The Debian
+project has concerns on the impact on Free and Open-Source Software
+(FOSS).</p>
+
+<p>The CRA makes the use of FOSS in commercial context more difficult.
+This goes against the philosophy of the Debian project. The Debian Free
+Software Guidelines (DFSG) include "6. No Discrimination Against Fields
+of Endeavor - The license must not restrict anyone from making use of
+the program in a specific field of endeavor." A significant part of the
+success of FOSS is its use in commercial context. It should remain
+possible for anyone to produce, publish and use FOSS, without making it
+harder for commercial entities or for any group of FOSS users.</p>
+
+<p>The compulsory liability as meant in the PLD overrules the usual
+liability disclaimers in FOSS licenses. This makes sharing FOSS with
+the public more legally risky. The compulsory liability makes sense for
+closed-source software, where the users fully depend on the
+manufacturers. With FOSS the users have the option of helping
+themselves with the source code, and/or hiring any consultant on the
+market. The usual liability disclaimers in FOSS licenses should remain
+valid without the risk of being overruled by the PLD.</p>
+
+<p>The Debian project asks the EU to not draw a line between commercial
+and non-commercial use of FOSS. Such line should instead be between
+closed-source software and FOSS. FOSS should be entirely exempt from
+the CRA and the PLD.</p>
# <vquorum />

© 2014-2024 Faster IT GmbH | imprint | privacy policy