The open source community is facing a significant regulatory shift with the introduction of the European Union’s Cyber Resilience Act (CRA), slated to take full effect by Q3 2027. In response, the Open Source Security Foundation (OpenSSF) and Linux Foundation Europe (LF Europe) have launched a joint initiative to ensure compliance while protecting open source maintainers from undue liability. This effort aims to provide guidance, specifications, and tools to support both maintainers and companies using open source. One of their key objectives is to clarify responsibilities, placing accountability on manufacturers that profit from open source technologies rather than individual contributors.

Michael Lieberman, TAG Security Lead at Cloud Native Computing Foundation (CNCF) and Governing Board Member at OpenSSF, emphasizes that early concerns about the CRA stemmed from vague language that could have unfairly penalized hobbyist developers. Initial drafts could have potentially been interpreted in a way that individual open source maintainers could face significant liability for security vulnerabilities. Lieberman states, “The liability would be potentially enormous, with fines reaching millions of dollars.” However, recent clarifications have shifted responsibility to manufacturers, ensuring that companies benefiting from open source software bear the burden of security compliance and responsible contributions.

The urgency behind this initiative lies in the EU’s timeline for the CRA implementation. The EU will introduce technical guidance on compliance by the end of this year, which is expected to include recommendations for the Software Bill of Materials (SBOMs). Enforcement will begin in 2025 and gradually accelerate until full implementation in 2027. Lieberman urges the open source community to act now, fostering collaboration to develop CRA-aligned standards, tools, and resources.

The initiative’s broader objectives include improving overall security practices within the open-source ecosystem to foster collaboration between developers, industry leaders, and policymakers. The initiative will help stakeholders adapt by providing new and retrofitted resources, including white papers, specifications, and security tools. Working groups will also ensure that CRA compliance is accessible and practical for all.

Discussing lessons learned from the CRA’s development, Lieberman highlights the importance of proactive engagement with lawmakers. Lieberman believes that early miscommunications contributed to confusion and fear within the open-source community, leading some projects to shut down prematurely. As a result, the initiative aims to build stronger partnerships between regulatory bodies and open-source organizations, allowing for early intervention in legislative discussions to prevent similar issues.

No other regions have introduced legislation exactly like the CRA, but Lieberman notes that discussions around software security regulations are growing, particularly in Asia. Lieberman underscores the initiative’s plans to stay ahead of global regulatory trends by fostering collaboration across international open-source communities, ensuring that compliance efforts remain proactive.

Guest: Michael Lieberman
Organizations:  OpenSSF | Linux Foundation Europe

This summary was written by Emily Nicholls.