kodebach
7 hours ago
I can't prove it, but I still think this is (partly) due to a recent EU regulation majorly backfiring. I can't remember which one it was, but one of the recent regulations mandates that devices get updates for a certain period. Within that period a manufacturer must provide each update for all their devices in a short timeframe. The intention was to prevent flagships getting updates immediately and lower end devices having to wait months. However, due to some (also well intentioned) wording about open source, the release of the source code is counted as the first release of an update and starts the timer. I'm pretty sure Google is delaying public AOSP updates to give their partners (mainly Samsung I suppose) more time to finish building their updates on top of AOSP.
geraneum
6 hours ago
> EU regulation majorly backfiring
I wouldn't be surprised if large corporations like Apple and Google intentionally use these tactics to pressure regulators through their European users. Siri AI is a prime example. While it's a complicated issue, I certainly wouldn't put such maneuvers past them.
ahartmetz
6 hours ago
It's funny that they keep trying, it has never once worked. I think US companies are projecting their dislike for regulation and keep being surprised that EU citizens don't agree. We do not love the EU government, but it sometimes does a good thing and we do like these, especially versus the anti-consumer crap that US companies like to pull.
TeMPOraL
2 hours ago
I don't think this is any corporate conspiracy. The truth is probably more mundane: regulation is treated as obstacle to navigate around with minimal amount of effort, and not a reason to give up on practices that makes money.
blackspacx
2 hours ago
Yes Us Companies Are doing this ofc
bojan
an hour ago
we do not love the EU government because there are billions being poured into promoting the discourse that the EU is a bad thing by both private and state actors.
ahartmetz
an hour ago
My problem is the lack of democracy through the too-indirect way that the commission is elected. Von der Leyen was an extremely unpopular and horribly incompetent (at least in charge of defense) minister in Germany, then somehow she became president of the EU commission. Her skill seems to be politicking with other politicians. That would not have gotten her elected in an election by the people.
vincnetas
11 minutes ago
Sometimes its a good thing that people do not elect directly. They participate indirectly though. And there are general rules to follow. So its more stable framework than full public control each election cycle, because the populism happens and if you want to be elected you cant take unpopular decisions which sometimes are needed.
ahartmetz
a few seconds ago
There are unpopular decisions that are actually good, and those that are simply bad for the population but good for people closer to power. I think the latter are more common in basically any system with too little public oversight.
ciupicri
21 minutes ago
Because the European Union has come up with shitty laws and regulations.
It mandated USB for charging everywhere, but didn't do a thing about driving on the right side of the road.
We have the digital markets act, yet when someone tries to send emails to some big American email providers, they have to register first, otherwise they don't even make it to the spam folder. But hey, let's have a big round of applause for fining X/Elon Musk and Meta because we hate them. Who cares about decades old protocols and ways of doing things?
vincnetas
10 minutes ago
It takes time. And there will always be something to complain. But don't you agree that things are moving in positive direction?
easterncalculus
an hour ago
This was really lame cope ten years ago and it's really lame cope now.
mangecoeur
3 hours ago
They absolutely do this.
philipallstar
28 minutes ago
It can't ever just be the fault of the regulation, of course.
brookst
41 minutes ago
There should be a rule that any assertion of conspiracy must at least have some evidence.
I worked at MS and was involved in several decisions to not ship in the EU because it just wasn’t worth the internal and external regulatory headache. There was no secret agenda, Satya never told me to stick it to the EU by withholding a feature in the hopes the masses would clamor for it and demand regulatory changes, which would eventually allow us to… ship the feature in a decade or so.
I’m super sympathetic to the EU’s intent, but their execution is so obviously self-defeating that it doesn’t take elaborate conspiracies to explain corporate response.
gvfsa
6 hours ago
Giving their partners the time they need to finalise their releases legally seems like a... completely normal and correct thing to do? Why does everything have to be a big conspiracy?
dns_snek
5 hours ago
Why would that be a normal and correct thing to do? They're delaying releases for everyone else.
xvokcarts
3 hours ago
So it is not normal/correct to have an agreement with a partner that excludes others?
dns_snek
an hour ago
No, not in an open-source project. Nor is it correct to build the project under the guise of open source and then pull the rug from underneath. Or any of the other anti-competitive, anti-consumer, anti-security crap they've been doing lately.
fooqux
2 hours ago
Normal? Sadly yes.
Correct? I suppose that depends on your definition. From a corporate perspective, perhaps. But from a consumer's perspective it's most certainly not the desired outcome.
lcnPylGDnU4H9OF
3 hours ago
Sometimes it is, sometimes it's not.
gvfsa
2 hours ago
They don’t have agreements with graphene so what do they care? Google owes graphene absolutely nothing.
They care about their partners and about following the law. Google is not being spiteful here like some commenters are saying; instead, they have changed the way they work to make it compatible with a new law that applies to them.
It’s tiresome to see the same kind of snarky comments in every thread because they are not interesting at all. They are just lazy, and begging for votes.
dns_snek
an hour ago
They're skirting the law and they're likely to be breaking it too - if not on cybersecurity grounds then almost certainly on anti-competitive grounds.
Even if we set legality of their behavior aside, they deserve scorn for how they've been managing Android for the past couple of years - every Android user is worse off because of them. They broke off productive relationships with grapheneos and other projects which contributed patches and reported vulnerabilities upstream, they're engaging in anti-competitive conduct and imposing limits on OEMs, giving Pixel devices preferential access to new APIs.
They're simultaneously putting their own customers (Pixel owners) at risk of known, exploitable security vulnerabilities. They do this to help other OEMs legally skirt (maybe) the 4 month timeframe for patches which is very lax to begin with. Thereby opening a whopping 8 month window where Android users can get hacked by known vulnerabilities.
Their Android 17 QPR1 release was so buggy, it made many Pixel devices almost unusable and then they went radio silent. https://grapheneos.social/@GrapheneOS/117372129125340408
How cynical do you have to be to defend their stewardship of AOSP?
> Google is not being spiteful here like some commenters are saying; instead, they have changed the way they work to make it compatible with a new law that applies to them
Read the second link I posted above, this is patently false.
hobofan
6 hours ago
It's an interesting theory. However, Samsung has already started to roll out One UI 9, which is built on top of Android 17 a month ago, so their clock has already started ticking.
I'm not familiar with the concrete wording of the regulation, but I would wager that the all the customization layers (like "One UI") that OEMs put on top of AOSP is the component for which the update clock should tick, and they should be unaffected of an underlying open source component (AOSP) being released.
TeMPOraL
2 hours ago
Android 17 is old news, and OneUI 9 was what delayed the OS version bump for months, because Samsung planned to launch it with on new flagships first, during summer Unboxed event.
microtonal
6 hours ago
As far as I understand, most OEMs are not allowed to release QPR1 or QPR3 either (not that OEMs outside maybe Samsung would be able to). So part of it also reeks of giving Pixel benefits over phones of other manufacturers.
dathinab
6 hours ago
the more I learn about how Google handles releases the more this looks like there being a need for anti trust actions
izacus
6 hours ago
> As far as I understand, most OEMs are not allowed to release QPR1 or QPR3 either (not that OEMs outside maybe Samsung would be able to).
This is not true at all though. OEMs can release anything whenever they want.
microtonal
5 hours ago
I have read in multiple sources that OEMs cannot roll out QPR1/3. E.g. see this thread:
https://grapheneos.social/@GrapheneOS/117282080803799576
Since they are working with two OEMs (one for GrapheneOS support and one for getting embargoed security patches), I think they know what they are taking about.
izacus
3 hours ago
Nothing of that has to do with OEMs being forbidden from shipping QPRs though.
Graphene isn't OEM so they don't get access to Android repository before AOSP drops. OEMs - like Motorola for example - do have access to partner repository and can ship QPRs if they wish to do so. Most often OEMs do not want to push updates (and it took years to make them push regular major Android updates).
> I think they know what they are taking about.
Err, if you look at that account you'll find that the person running it has a penchant for overexaggeration and selective truth telling when they feel aggrieved.
microtonal
3 hours ago
Nothing of that has to do with OEMs being forbidden from shipping QPRs though.
Are reading the same post?
“ The new APIs are currently exclusive to the Pixel OS and aren't available to other Android OEMs. […] Non-Google Android OEMs and AOSP-based projects can ship yearly and QPR2 releases.”
the person running it has a penchant for overexaggeration and selective truth telling when they feel aggrieved.
Here we go again…
izacus
an hour ago
Well, Graphene's statement isn't true so not sure what do you want me to tell you ¯\_(ツ)_/¯
Maybe their own source at OEMs lied to them? The QPRs are in the same repo they're getting their security patches from.
LoganDark
5 hours ago
Except for phones preinstalled with GrapheneOS (unless you are Samsung)
gucci-on-fleek
26 minutes ago
If this is the case, I wonder why isn't Google publicly saying this. Because right now, it looks like they've stopped publishing the sources just because they felt like it, which has understandably generated a lot of backlash, but I feel like all the backlash would go away if they pointed at the EU regulations.
dathinab
6 hours ago
if that is the case then it should be brought to the respective overseen regulatory body, weather it is for them to clarify that this is not a valid interpretation of the law (it's at least clearly in conflict with the spirit of the law) and intentionally delaying public releases this way is a no-go or weather it is to amend the law to make it more explicitly illegal
either way if that is true it looks like a very intentional abuse/misinterpretation of existing regulations
eddythompson80
6 hours ago
What makes you think it’s misinterpretation?
pas
5 hours ago
FAQ https://ec.europa.eu/newsroom/dae/redirection/document/12233... [PDF]
https://digital-strategy.ec.europa.eu/en/policies/cra-manufa...
dns_snek
5 hours ago
It's not a CRA obligation, but a rule from ecodesign requirements for smartphones (Reg. 2023/1670)
> security updates or corrective updates mentioned under point (a) need to be available to the user at the latest 4 months after the public release of the source code of an update of the underlying operating system or, if the source code is not publicly released, after an update of the same operating system is released by the operating system provider or on any other product of the same brand;
https://eur-lex.europa.eu/eli/reg/2023/1670/oj/eng#anx_II
So by delaying AOSP releases by 4 months, Google is allowing OEMs to leave their users exposed to known vulnerabilities for up to 8 months.
notrealyme123
7 hours ago
Interesting theory. Is there a distinction between phone release and os release there? I would imagine the time starts when the model goes in sale, not when the os releases.
Otherwise I would expect Google would also wait with pixel updates
aboringusername
6 hours ago
I posted about this 11 months ago [1]. The law you are referring to [2] absolutely makes distinctions between open/closed source. This is 100% why Google closed their source and now does security releases privately.
[1]: https://news.ycombinator.com/item?id=45911673
[2]: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ%3AJOL...
> Clause 1.2:
> (6) Operating system updates:
> (a)
> from the date of end of placement on the market to at least 5 years after that date, manufacturers, importers or authorised representatives shall, if they provide security updates, corrective updates or functionality updates to an operating system, make such updates available at no cost for all units of a product model with the same operating system;
> (b)
> the requirement referred to in point (a) shall apply both to operating system updates offered voluntarily by manufacturers, importers or authorised representatives and to operating system updates provided to comply with Union law;
> (c)
> security updates or corrective updates mentioned under point (a) need to be available to the user at the latest 4 months after the public release of the source code of an update of the underlying operating system or, if the source code is not publicly released, after an update of the same operating system is released by the operating system provider or on any other product of the same brand;
> (d)
> functionality updates mentioned under point (a) need to be available to the user at the latest 6 months after the public release of the source code of an update of the underlying operating system or, if the source code is not publicly released, after an update of the same operating system is released by the operating system provider or on any other product of the same brand;
> (e) an operating system update may combine security, corrective and functionality updates.
yorwba
4 hours ago
(c) and (d) treat binary releases as equivalent to source code releases, so that's rather the opposite of making a distinction between open and closed source. It would serve as an explanation if Google had started to release source code and binaries simultaneously, but it doesn't explain why the source code release is delayed even beyond that.
EDIT: I see that was already brought up multiple times when you posted about it 11 months ago.
soraminazuki
5 hours ago
So it's the regulator's fault that a trillion dollar company is acting against the public interest? That's some unproven theory indeed.
Beretta_Vexee
6 minutes ago
This vicious European Union, which stifles innovation and works against the public interest – for example (checks his notes) by mandating USB-C charging and replaceable batteries!
izacus
7 hours ago
It's Cyber Resilience Act (Regulation (EU) 2024/2847) - if there's a security patch that shows up in public, then the manufacturers are fined if they don't immediately roll it out as an update ("without undue delay").
I think that's the one that made a lot of OEMs pull back on opensource publishing, because their legal departments want to batch the CVE monitoring and reporting obligations into smaller batches.
Beretta_Vexee
a few seconds ago
That’s not true; the only way to be found guilty following a CRA is to conceal the active exploitation of a vulnerability, fail to alert the national coordinator, fail to propose a mitigation within a reasonable timeframe, or be openly negligent in the management of the cybersecurity of one’s products.
“Please stop using this version of my product or this particular feature; it is vulnerable” is an acceptable mitigation measure.
A CVE isn't an active exploitation and don't trigger anything.
microtonal
6 hours ago
Aren’t most OEMs in violation anyway because Linux (as in the kernel) gets regular security patches and most OEMs are on ancient kernel versions?
Also, major Android releases and QPR2s have many security fixes (anything not marked high/critical), yet OEMs are not rolling them out (QPR2) or very late (major releases).
Just to say that OEMs were probably violating the act already before Google started withholding source code.
I also think it’s an attempt of Google closing up AOSP more, otherwise they wouldn’t make it so darn hard to get updated Pixel kernel trees.
dathinab
6 hours ago
probably yes
withholding security updates seems to avoid a law which requires rolling out security updates seems very much like something which needs to be fixed one way or another
imtringued
6 hours ago
This reminds me of the OpenAI hack against Hugging Face.
Regulators present an impossible goal to the companies to implement, instead of implementing the goal, the companies try to reward hack their way around it.
The end result is that they basically try to make it impossible to know about vulnerabilities because that would start the clock.
microtonal
5 hours ago
But doing timely security updates is not impossible. Apple does it, GrapheneOS does it, Google does it with Pixel, Samsung is nearly doing it on flagships.
But many Android OEMs are probably terrible at software engineering and have their attention spread across multiple SoCs, etc. It’s their own fault.
hardbass
3 hours ago
Then they should leave it to others. Release specs and sources and let whoever wants, maintain the firmwares.
izacus
an hour ago
> But doing timely security updates is not impossible. Apple does it, GrapheneOS does it, Google does it with Pixel, Samsung is nearly doing it on flagships.
What does "timely" here mean? A lot of security patches for all these companies take ~weeks+ to actually make it to customers due to things like QA testing, carrier testing and release processes.
The time between disclosure and release can be rather long, months even for all of them. (I'm counting private disclosure here.)
izacus
6 hours ago
I think it's mostly the "you need to monitor CVEs and write report within 24/72 hours" that causes OEMs pain and they prefer to have less work than more.
Also - the reality of what you think is ok and what a corporate legal department think its ok is... rarely the same -_-
hommelix
12 minutes ago
This. CRA only means that you need to assess with 24/72h that you are affected or not by a published CVE.
Then there is no time limit to provide a mitigation. It should just be worked out without unnecessary delays. Once a mitigation is published, a report should be submitted with 14 days.
themagic80
3 hours ago
Law: please do the minimum to protect users. Corps: screaming
arghwhat
6 hours ago
nit: "without undue delay" does not mean "immediately" under any legal interpretation, only that the timeline should not be longer than necessary. This leaves a lot of wiggle-room in favor of the manufacturer, and mainly rules out that they go "eh, we'll look at all these in half a year maybe".
As long as they start the process and it is not absurd from an industry standards perspective, they should be good. They can have slow processes, including being a good bit slower than their peers, without running afoul of "without undue delay".
imtringued
6 hours ago
They have literal 24 hour and 72 hour deadlines. Obviously, they might put a blind eye to it if you are reliable but delayed the reporting by a day, but the 24 hour and 72 hour deadlines are a fact. You have to initiate the reporting immediately.
Beretta_Vexee
11 minutes ago
You are confusing two different articles. The 24-hour deadline relates to notifying the national Computer Security Incident Response Team in the event of the detection of a confirmed exploited vulnerability of one of the manufacturer’s products (Article 14). Submitting a bug report and opening a ticket does not constitute a confirmed exploitation in the wild. Nor does the publication of an exploit or a PoC constitute a confirmed exploitation of the vuln in the wild.
The part that’s probably bothering Google is this:
> 6. Manufacturers shall, upon identifying a vulnerability in a component, including in an open source-component, which is integrated in the product with digital elements report the vulnerability to the person or entity manufacturing or maintaining the component, and address and remediate the vulnerability in accordance with the vulnerability handling requirements set out in Part II of Annex I. Where manufacturers have developed a software or hardware modification to address the vulnerability in that component, they shall share the relevant code or documentation with the person or entity manufacturing or maintaining the component, where appropriate in a machine-readable format.
To put it very simply, the CRA calls on all stakeholders to cooperate in reporting incidents and vulnerabilities, establishes a national coordination mechanism, and aims to address vulnerabilities swiftly in order to maintain essential services within the European Union.
arghwhat
5 hours ago
You are mixing unrelated requirements together here.
> The CRA requires manufacturers to notify actively exploited vulnerabilities and severe incidents having an impact on the security of their product with digital elements. They need to submit an early warning within 24 hours of becoming aware, and a full notification within 72 hours.
These deadlines are entirely unrelated to the availability of security fixes and delays in deliverying them.
alerighi
5 hours ago
This is impossible to happen.
Security flaws are discovered almost every day (now that they are automating it with AI there are a ton of reports), pretending the manufacturer releases an update in 1 day is nonsense.
Just building the code alone it would take a lot of time, and of course you have to test it at least a bit before giving it out to the end users, you can't pretend to rollout on a global scale a nightly build without first at least some level of QA risking bricking user devices.
And you have to consider that phone manufacturer doesn't work h24 and 7/7 of course to give out patches.
I think that we are fortunate if the whole process takes less than a month, not a day.
izacus
6 hours ago
> nit: "without undue delay" does not mean "immediately" under any legal interpretation, only that the timeline should not be longer than necessary. This leaves a lot of wiggle-room in favor of the manufacturer, and mainly rules out that they go "eh, we'll look at all these in half a year maybe".
Well, the corporate lawyers think otherwise at those corporations, so I'm not sure how much your interpretation counts :)
arghwhat
5 hours ago
I do not believe that any corporate lawyer would think that. It does not read like that in neither plain english nor legalese.
Maybe the misunderstanding stems from the related common misuse of "as soon as possible" as "immediately"?
A corporate lawyer would, however, always suggest to minimize/reduce/delay any legal obligations so as to minimize risk of liability, regardless of whether said obligation is easy to comply with or not.
aboringusername
6 hours ago
From what I see [1] if you search for 'undue delay', it's only:
> an early warning notification of an actively exploited vulnerability, without undue delay and in any event within 24 hours of the manufacturer becoming aware of it
> without undue delay and in any event within 72 hours of the manufacturer becoming aware of the actively
> without undue delay and in any event within 24 hours of the manufacturer becoming aware of it
> without undue delay and in any event within 72 hours of the manufacturer becoming aware of the incident
"Sorry your honour, we only became 'aware of it' 2 years later, pinky promise ;)".
So any competant authority would have to prove when they 'became aware of it', whatever the test to pass that threshold means.
_nobody
5 hours ago
> due to a recent EU regulation majorly backfiring
And why should a regulation in EU affect rest of the world. Or for that matter, any US regulation. The arrogance of these nations and the ignorance of tech companies is ruining the entire Internet.
sham1
4 hours ago
Because making things everywhere compliant is cheaper than having both a non-EU and EU versions of software. See also: Brussels effect[0].
It's simple economics. The companies are also allowed to either do special versions to comply with local laws or even to pull out of the market. They just choose not to for reasons.
_nobody
3 hours ago
Sure, American courts ask for age verification, the entire world needs to comply now. Then people wonder why so much surveillance. You can’t see past Brussels effects, because ignorance.