Advance Disclosure Needed to Keep Users Secure

User security is paramount. Vulnerabilities can weaken security and ultimately harm users. We want people who identify security vulnerabilities in our products to disclose them to us so we can fix them as soon as possible. That’s why we were one of the first companies to create a bug bounty program and that’s why we are taking action again – to get information that would allow us to fix a potential vulnerability before it is more widely disclosed.

Today, we filed a brief in an ongoing criminal case asking the court to ensure that, if our code is implicated in a security vulnerability, that the government must disclose the vulnerability to us before it is disclosed to any other party. We aren’t taking sides in the case, but we are on the side of the hundreds of millions of users who could benefit from timely disclosure.

The relevant issue in this case relates to a vulnerability allegedly exploited by the government in the Tor Browser. The Tor Browser is partially based on our Firefox browser code. Some have speculated, including members of the defense team, that the vulnerability might exist in the portion of the Firefox browser code relied on by the Tor Browser. At this point, no one (including us) outside the government knows what vulnerability was exploited and whether it resides in any of our code base. The judge in this case ordered the government to disclose the vulnerability to the defense team but not to any of the entities that could actually fix the vulnerability. We don’t believe that this makes sense because it doesn’t allow the vulnerability to be fixed before it is more widely disclosed.

Court ordered disclosure of vulnerabilities should follow the best practice of advance disclosure that is standard in the security research community. In this instance, the judge should require the government to disclose the vulnerability to the affected technology companies first, so it can be patched quickly.

Governments and technology companies both have a role to play in ensuring people’s security online. Disclosing vulnerabilities to technology companies first, allows us to do our job to prevent users from being harmed and to make the Web more secure.