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CRA Questions

Note

Assumptions and confidence levels are the author's (Salve J. Nilsen, @sjn), as of 2024-02-27.

Dependencies

  • Does the CRA make demands about all transitive dependencies, at any arbitrary depth? (Assumption: YES, 85%)
    • e.g. If a transitive dependency of a "product with digital components" the CRA applies to depends on something supplied by the OS packaging system (e.g. a cryptographic library like libopenssl), do we continue looking down the dependency rabbit-hole even further? (Assumption: YES, )
    • How about other types of dependencies?
      • Author (development environment)
      • Build (build dependencies & tooling)
      • Test (test/verification dependencies)
      • Runtime (plugin, execution or in-memory dependencies)

CE Mark

  • What does The CE mark mean when it applies to software?
    • "I, the author, am conforming to EU law, including the CRA" (Assumption: YES, 85%)
    • Which EU laws is one expected to conform to, when applying a CE mark?
      • CRA (Assumption: YES, 99%)
      • NIS2 (Assumption: YES, 60%)
      • Fintech-specific laws (Assumption: YES, 60%)
      • ...
  • What does the CE mark apply to?
    • A specific product with digital components, that is put on the EU market (Assumption: YES, 99%)
    • An Open Source software project that is a component for (Assumption: )
    • A specific software release (Assumption: YES)
    • A package or other artifact that is produced from a release (Assumption: YES)
      • If it is built during the packaging process
      • If it the packaging does not include a build step
      • If the release is modified/patched before packaging
    • What happens if an upstream open source component author claims "Version 1.25.0 of my package Foo::Bar is conforms to the CRA, so I'll put the CE mark on it"?

Liability

  • What does the liability picture for someone who has to do a vulnerability assessment of a product that contains thousands of Open Source components look like?
  • To which extent can component distributors or authors "accept" some of the liability?

Metadata

  • What are the concrete demands for metadata required for liable parties to actually live up to the obligations set by the CRA?
    • To which extent these metadata have to be up-to-date and authoritative (e.g. if a component author changes it's license, what happens?)

Attestation

  • How are the OSS Steward Attestation Programmes intended to work?

Manufacturer?

  • Does receiving money that isn't in the form of donations turn an OSS Maintainer into a Manufacturer?
  • Does earning money on publishing an open source component into an OSS ecosystem automatically make one a Manufacturer?
  • Under what circumstances can a Steward become a Manufacturer?
  • What role or purpose will the attestation regime described in Recital 21 have?

OSS Steward Organization forms

  • What types of organizations may become OSS Stewards?
    • Charities
    • Non-profits
    • Not-for-profit organizations
    • For benefit corporations
  • What kind of funding structures are accepted for OSS Stewards?
    • Sales, fees, membership dues
    • Donations, grants, fund-raising
    • Business activities like Due Diligence consulting services