Vulnerability Management

Strengthening Digital Security Through Robust Vulnerability Management

The SpywareShield Initiative is committed to closing security gaps that enable spyware infiltration. Systemic vulnerabilities in digital infrastructure, expose activists, journalists, and civil society to surveillance abuse. Despite a ruling by the German Federal Constitutional Court requiring proper vulnerability management, Germany has yet to implement these protections.

Relevant Federal Constitutional decision of 8 June 2021 - 1 BvR 2771/18

The Federal Constitutional Court rejected a constitutional complaint by the Society for Civil Rights (Gesellschaft für Freiheitsrechte, GFF) against the Baden-Württemberg Police Act. What looks like a defeat at first glance is actually a win for us all. The court explained in its reasoning that the state may not always exploit every security vulnerability for the use of spyware. Rather, it must assess whether a security vulnerability is so dangerous for the public that the state must work towards closing it.

The duty to protect, under fundamental rights, requires a regulation on how the authorities must resolve the conflict of objectives between protecting information technology systems from attacks by third parties using unknown IT security vulnerabilities. On the other hand, such vulnerabilities can be used to enable surveillance for the purpose of averting danger while respecting fundamental rights.

To address the requirement of a proper vulnerability management, we are developing a comprehensive legal framework to ensure that vulnerabilities must be disclosed and patched immediately. Our legal analysis will identify gaps in existing laws and provide actionable recommendations for stronger oversight and accountability. By using Germany as a pilot case, we aim to lay the groundwork for effective vulnerability management at the EU level, enhancing the resilience of digital infrastructure across Europe.