The Commerce Department’s muddled guidance could put the United States’s technological advantage at risk and could decrease the likelihood that U.S. companies’ preferences will be incorporated in international standards.
Ari Schwartz is managing director for Cybersecurity Services at Venable LLP and Former Special Assistant to the President and Senior Director for Cybersecurity on the National Security Council in the Obama Administration.
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As governments increasingly find themselves needing information from networked sources for law enforcement, intelligence, and military purposes, one of the most difficult dilemmas they face concerns the use of so-called zero day vulnerabilities—previously unknown flaws or bugs that can sometimes be exploited to gain access to servers that house information or control networks and infrastructure. Governments often have researchers looking for these flaws, and sometimes, governments purchase them on the open market.