A bill was recently introduced in the US Senate, entitled the Securing Open Source Software Act of 2022.
I don’t usually write much about pending legislation, because it often does not ever become law, or changes substantially before it becomes law. This bill is unlikely to be passed this year because of its timing. But it has a few interesting characteristics.
- It is a bipartisan bill, introduced by Gary Peters (D-Mich.) and Rob Portman (R-Ohio, both members of the Senate Homeland Security Committee.
- It defines both “open source software” and “open source software community.”
- It focuses on requirements for software bills of materials (SBOMs), and security concerns, drafting on the Executive Order, from earlier this year, about software security Executive Order on Improving the Nation’s Cybersecurity (EO 14028).
- It establishes “the duties of the Director of the Cybersecurity and Infrastructure Security Agency regarding open source software security” and requires the Director to regularly assess open source software used by the federal government. So it establishes a process, more than substance.
If I had to guess, I would say the bill seems likely to pass in some form, next year. If it does, it’s unclear exactly how it will interact with the recent EO. Also, improved security assessment is good for all software, not just open source — open source security breaches get a lot of press, but all software has potential security issues, and the government should be concerned about its use of proprietary software as well. Finally, to the extent new law establishes requirements for government, or even other customers of software, the private market is mostly ahead of these requirements already. Most software vendors know that customers are already very demanding regarding security requirements. The effect of new law could be to normalize those market demands in private sectors and government — but we will have to wait and see.
