Bryan Choi questions NIST's ability to set effective cybersecurity standards, delving into the challenges of securing software and the limitations of testing. The podcast explores the intersection of law, technology, and cybersecurity, emphasizing the need for technical expertise in legal scholarship. It also discusses NIST's historical role in shaping technology standards amidst rapid advancements, and the complexities of adhering to NIST cybersecurity standards.
NIST's shift to risk-based frameworks in cybersecurity reflects a move towards addressing risks over dictating practices.
Software complexity poses challenges in security assurance as traditional testing methods struggle to keep pace with advancing technology.
Deep dives
NIST's Evolution in Cybersecurity Standards
NIST's approach to cybersecurity standards has shifted from strict standardization to a more flexible and risk-based framework. This change signifies a shift to addressing risks, detecting occurrences, and mitigating harm rather than dictating standardized practices. The government's reliance on NIST for cybersecurity standards has been challenged by researchers like Brian Choi, questioning NIST's ability to meet evolving cybersecurity demands.
The Complexity of Software Security Challenges
The complexity of securing software is likened to a double-edged sword due to its abstract nature, enabling varied functionalities. Software systems' intricate nature defies comprehensive testing, leading to challenges in security assurance. As software complexity grows alongside advancing technology, traditional testing methods struggle to keep pace, creating a perpetual challenge in software security.
NIST's Role in Setting Software Standards
NIST's role in setting software standards has evolved from rigorous standardization to a more adaptive and risk-based methodology. NIST's current frameworks emphasize risk evaluation, detection, and remediation over dictating specific practices. Despite criticism suggesting NIST's limitations, areas like cryptography demonstrate NIST's success in providing consensus in technical domains.
Challenges in Enforcing Software Standards
The enforcement of software standards faces hurdles due to the diverse philosophies and approaches in software development. NIST's frameworks, perceived as choose-your-own-adventure models, lack specificity, making compliance interpretation variable. Proposals for new agencies or standards enforcement struggle to offer definitive solutions in the dynamic and diverse landscape of software development.
Everyone agrees that the United States has a serious cybersecurity problem. But how to fix it—that's another question entirely. Over the past decade, a consensus has emerged across multiple administrations that NIST—the National Institute of Standards and Technology—is the right body to set cybersecurity standards for both the government and private industry. Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, spoke with Bryan Choi, who argues that this faith is misplaced. Choi is an associate professor of both law and computer science and engineering at The Ohio State University. He just published a new white paper in Lawfare's ongoing Digital Social Contract paper series exploring NIST's history in setting information technology standards and why that history should make us skeptical that NIST can fulfill the cybersecurity demands that are increasingly being placed on it.