Coming in from the Cold: A Safe Harbor from the CFAA and the DMCA §1201 for Security Researchers

View/ Open
Author
van der Merwe, Thyla
Note: Order does not necessarily reflect citation order of authors.
Published Version
https://cyber.harvard.edu/node/100181Metadata
Show full item recordCitation
Etcovich, Daniel, and Thyla van der Merwe. 2018. Coming in from the Cold: A Safe Harbor from the CFAA and the DMCA §1201 for Security Researchers. Berkman Klein Center Research Publication No. 2018-4. Assembly Publication Series, Berkman Klein Center for Internet & Society, Harvard University.Abstract
In our paper, we propose a statutory safe harbor from the CFAA and DMCA §1201 for security research activities. Based on a responsible disclosure model in which a researcher and vendor engage in a carefully constructed communication process and vulnerability classification system, our solution would enable security researchers to have a greater degree of control over the vulnerability research publication timeline, allowing for publication regardless of whether or not the vendor in question has effectuated a patch. Any researcher would be guaranteed safety from legal consequences if they comply with the proposed safe harbor process.Terms of Use
This article is made available under the terms and conditions applicable to Other Posted Material, as set forth at http://nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of-use#LAACitable link to this page
http://nrs.harvard.edu/urn-3:HUL.InstRepos:37135306
Collections
Contact administrator regarding this item (to report mistakes or request changes)