Full Report
Most governments conduct offensive cyber operations to keep themselves safe from international threats, steal secrets, or disrupt adversaries. The United States government was one of the earliest and most prolific users of such cyber capabilities, in part by discovering and exploiting zero-day vulnerabilities—flaws not yet known to those who made the software, and for which…
Analysis Summary
# Regulation/Compliance: U.S. Vulnerabilities Equities Process (VEP)
## Overview
The Vulnerabilities Equities Process (VEP) is a federal interagency framework used by the United States government to determine whether to disclose a newly discovered software vulnerability (zero-day) to the relevant vendor so it can be patched, or to "retain" it for offensive cyber operations or national security purposes. It balances the need for "defensive" cybersecurity (protecting all users) against "offensive" requirements (intelligence gathering and law enforcement).
## Key Details
- **Issuing Authority:** Executive Office of the President (White House) / National Security Council (NSC)
- **Effective Date:** Initially codified in 2008 (NSA-led); formally restructured/publicized in 2014; Charter updated in 2017.
- **Jurisdiction:** United States Federal Government (Interagency)
- **Status:** In Effect
## Requirements
### Mandatory Requirements
1. **Interagency Review:** All identified zero-day vulnerabilities discovered by or for the USG must be submitted to the VEP Executive Secretariat (hosted by the NSA) unless a specific carve-out applies.
2. **Equity Balancing:** Decisions must weigh the benefit of national security exploitation against the risk of the vulnerability being used by adversaries against U.S. infrastructure and citizens.
3. **Disclosure to Vendors:** If the decision is to "disclose," the government must notify the software vendor so a patch can be developed.
4. **Annual Reporting:** The government must provide an unclassified summary of its activities to ensure transparency to the public and Congress.
### Recommended Practices
1. **Default to Disclosure:** Per the 2017 Charter, the process should lean toward a "default to disclose" stance to improve global cybersecurity.
2. **Timely Action:** Agencies are encouraged to move through the adjudication process rapidly to minimize the "window of risk" while a flaw remains unpatched.
## Affected Organizations
- **Industries:** Primarily the Defense Industrial Base, Intelligence Community, and Federal Contractors.
- **Organization Size:** Applicable to all federal agencies involved in cyber operations.
- **Geographic Scope:** Federal agencies within the United States; impacts global software vendors whose products are assessed.
## Compliance Timeline
- **2008:** VEP first established as a formal, though classified, process.
- **2014:** White House assumes greater control following the Heartbleed vulnerability.
- **November 2017:** Publication of the "Vulnerabilities Equities Policy and Process" Charter, increasing transparency.
- **Ongoing:** Periodic reviews by the Equities Review Board (ERB).
## Implementation Guidance
### Assessment Phase
- **Discovery:** Identify if a vulnerability is "newly discovered" and not yet publicly known or patched.
- **Triage:** Determine if the vulnerability meets the threshold for VEP submission (e.g., is it a zero-day?).
### Implementation Phase
- **Submission:** The discovering agency submits the technical details to the VEP Secretariat.
- **Adjudication:** The Equities Review Board (including members from DHS, State, DOJ, Energy, etc.) debates the "equities."
- **Decision:** The board votes to *Disclose*, *Restrictively Disclose*, or *Retain*.
### Validation Phase
- **Dissemination:** If disclosure is chosen, the agency follows established protocols to alert the vendor without compromising sensitive sources/methods.
- **Oversight:** The NSC staff monitors agency compliance with the Charter.
## Technical Requirements
- **Vulnerability Data:** Submission must include technical specifications, affected versions, and potential impact of the flaw.
- **Secure Communication:** Interagency transmission of vulnerability data must occur over classified or highly secure channels to prevent interception by adversaries.
## Penalties & Enforcement
- **Fines:** Not applicable (internal government policy).
- **Other Consequences:** Reprimand of agency leadership, loss of funding for specific cyber programs, or revocation of authority to conduct independent cyber research.
- **Enforcement:** Oversight is conducted by the National Security Council and congressional intelligence committees.
## Related Standards
- **NIST SP 800-53:** Controls for vulnerability scanning and remediation.
- **ISO/IEC 29147:** Vulnerability disclosure standards (international industry standard).
- **Executive Order 14028:** Improving the Nation’s Cybersecurity (emphasizes transparency and software supply chain security).
## Resources
- **Official Documentation:** [VEP Charter (2017) - hxxps://trumpwhitehouse.archives.gov/sites/whitehouse.gov/files/images/External%20-%20Unclassified%20VEP%20Charter%20FINAL.PDF]
- **Guidance:** Lawfare Media Analysis on VEP evolution.
## Practical Recommendations
- **For Government Contractors:** Ensure that any zero-day discoveries made during contract performance are handled in accordance with the discovery agency's VEP obligations.
- **For Private Vendors:** Maintain a robust Vulnerability Disclosure Program (VDP) and "security.txt" file to ensure that when the USG decides to disclose, they have a clear path to reach your security team.