Mattis van 't Schip

Many modern consumer devices rely on network connections and cloud services to perform their core functions. This dependency is especially present in Internet of Things (IoT) devices, which combine hardware and software with network connections (e.g., a ‘smart’ doorbell with a camera). This paper argues that current European product legislation, which aims to protect consumers of, inter alia, IoT devices, has a blind spot for an increasing problem in the competitive IoT market: manufacturer cessation. Without the manufacturer’s cloud servers, many IoT devices cannot perform core functions such as data analysis. If an IoT manufacturer ceases their operations, consumers of the manufacturer’s devices are thus often left with an obsolete device and, as the paper shows, hardly any legal remedies. This paper therefore investigates three properties that could support legislators in finding a solution for IoT manufacturer cessation: i) pre-emptive measures, aimed at ii) manufacturer-independent iii) collective control. The paper finally shows how these three properties already align with current legislative processes surrounding data portability, interoperability and open-source software development and analyses whether these processes can provide an adequate remedy for consumers.

Open-source software, a type of software that can be publicly accessed, shared, and modified, is an integral part of modern digital infrastructure. Many products, from personal computers to internet-connected devices, run on open-source systems (e.g., Linux). Developers may work voluntarily or for limited compensation on such software. The character of this work, however, does not reduce the impact of cybersecurity incidents within these environments. Proprietary software, meaning software with restrictive license models, regularly implements open-source software: a vulnerability in the open-source software thus directly affects proprietary software too. Recent large-scale vulnerabilities (e.g., Log4j) highlighted this dual nature of open-source software: developers work on projects based on personal passion or ideologies, while the software is often equally as critical as software created and maintained by larger technology enterprises. The Cyber Resilience Act, the recently proposed European cybersecurity legislation for products, aims to offer a legal response to cybersecurity problems in modern software and hardware. This paper addresses the role of open-source software cybersecurity in the Cyber Resilience Act with specific attention to the difficulties of reconciling cybersecurity responsibilities and open-source products. I show that the Cyber Resilience Act does achieve a balance between regulation for open-source software and advancing cybersecurity, but only through a narrowly applicable and, at times, complex legislative approach.

An increasing number of actors design, develop and produce modern ICT products in a collaborative network: a supply chain. From a cybersecurity perspective, each actor brings new vulnerabilities for the entire chain and, in turn, the ICT product created by the chain. This problem should be addressed by supply chain cybersecurity, a type of cybersecurity policy that aims to prevent disruption of a supply chain’s digital assets by internal or external actors. The EU Network and Information Systems (NIS2) Directive, which was adopted in 2023, introduces rules on supply chain cybersecurity for the network and information systems (e.g., Internet of Things devices) of entities in critical sectors (e.g., energy providers, hospitals). This article shows that the NIS2 Directive aligns closely with established risk management guidelines. Thus, the Directive, at first glance, offers a proper response to supply chain cybersecurity problems. However, the supply chain cybersecurity provisions are a missed opportunity: the provisions build on a flawed and limited understanding of the intricacies of supply chain cybersecurity in practice.