When to Launch Without FIPS and What to Watch For

Launch Without FIPS — Risks, Benefits, and Best PracticesFederal Information Processing Standards (FIPS) define cryptographic algorithms, key lengths, and operational modes that federal agencies and many regulated organizations must use to protect sensitive information. Launching a system “without FIPS” means operating outside those specific requirements — using non‑validated cryptography, alternative algorithms, or configurations that do not conform to FIPS 140‑2/140‑3 validated modules. That approach can be legitimate for many products, especially those targeting commercial markets, but it carries tradeoffs. This article explains what “launch without FIPS” means in practice, the risks and benefits, and concrete best practices for development teams and organizations that choose this path.

What “Launch Without FIPS” Actually Means

• Scope: FIPS compliance primarily concerns cryptographic module validation (FIPS 140 series) and approved algorithms (e.g., AES, RSA, SHA‑2). Launching without FIPS typically means your product does not require or include FIPS‑validated crypto modules and may use algorithms, key sizes, or implementations that are not FIPS‑approved.
• Variants: This can range from using standard open‑source libraries (OpenSSL in default builds, libsodium, etc.) to relying on platform-provided cryptography that isn’t validated, to shipping proprietary crypto implementations.
• Context matters: A consumer web app, internal corporate tool, or startup service might legally and practically launch without FIPS. A federal contractor or product sold into regulated verticals may not.

Benefits of Launching Without FIPS

• Faster time-to-market
  • FIPS validation is costly and time-consuming. Avoiding it lets teams ship features and iterate quickly.
• Broader algorithm and library choice
  • You can use modern, high‑performance primitives (e.g., ChaCha20-Poly1305, modern TLS stacks, experimental post‑quantum libraries) without waiting for validation.
• Easier development and testing
  • Development builds aren’t constrained by FIPS mode restrictions, simplifying debugging and use of developer tools.
• Lower cost
  • FIPS testing and ongoing maintenance (revalidation on changes) add significant expense to product development and support.
• Improved developer ergonomics
  • Developers can rely on widely used OSS libraries with active communities, quicker patches, and richer features.

Risks and Tradeoffs

• Regulatory and contract risk
  • If you later target federal customers or regulated industries requiring FIPS, you’ll face rework, additional validation, or the need for separate FIPS builds.
• Perception and procurement barriers
  • Some enterprise customers will prefer or require FIPS compliance as a baseline. Lack of FIPS may reduce marketability in conservative sectors.
• Potential security limitations
  • Non‑FIPS algorithms or implementations may be secure, but lack of formal validation means there’s no independent assurance your cryptography is implemented and used correctly.
• Interoperability
  • Certain systems expect FIPS‑approved algorithms. Non‑FIPS launches may face compatibility issues with these environments.
• Future technical debt
  • Introducing non‑validated or proprietary crypto can require reengineering later to meet compliance, increasing long‑term costs.

When Launching Without FIPS Is Reasonable

• Target market excludes government or regulated sectors that mandate FIPS.
• Rapid prototyping, beta programs, or early startup stages where speed is essential.
• When using modern, well‑audited cryptography that may not yet be FIPS‑validated but is appropriate for threat models (e.g., ChaCha20-Poly1305 for mobile apps).
• When you plan a two‑track strategy: a non‑FIPS public product for general customers and a FIPS‑validated build for regulated buyers later.

Best Practices Before You Launch

1. Define your compliance roadmap
   • Document whether you intend to support FIPS in the future, and which components will need changes. Estimate cost and time for validation.
2. Use well‑audited, mainstream crypto libraries
   • Prefer libraries with strong community audits and rapid patching (OpenSSL, BoringSSL, libsodium, etc.). Audit trails and CVE histories matter.
3. Separate crypto abstraction layers
   • Isolate cryptographic operations behind a small, well‑defined interface so swapping in a FIPS‑validated module later is easier.
   • Example: have a single CryptoProvider interface with methods for encryption, signing, key derivation, and random generation.
4. Avoid proprietary cryptography
   • Don’t invent new algorithms unless you have a compelling reason and the resources for rigorous review.
5. Follow secure defaults and modern algorithms
   • Use contemporary, secure primitives (e.g., AES-GCM or ChaCha20-Poly1305 for AEAD, ECDSA/P-256 or Ed25519 for signatures, HKDF for KDFs) and current TLS versions (TLS 1.3).
6. Implement defense‑in‑depth
   • Ensure proper use of cryptography (e.g., authenticated encryption, correct nonce handling, safe key storage, and rotation).
7. Protect key material
   • Use platform keystores or hardware security modules (HSMs)/TPMs when possible, even if not FIPS‑validated.
8. Maintain clear documentation and disclaimers
   • Publish security architecture docs explaining threat models and the implications of non‑FIPS operation for customers.
9. Plan testing and continuous monitoring
   • Implement fuzzing, code scanning (SAST/DAST), and third‑party code review for crypto‑adjacent code paths.
10. Provide an upgrade path
    • Design installers, package managers, or CI/CD pipelines to allow easy replacement of crypto modules or activation of FIPS mode in the future.

Practical Engineering Checklist

• Abstract cryptographic operations into a single module with well‑documented APIs.
• Use deterministic build flags to produce a distinct FIPS and non‑FIPS artifact when required.
• Keep cryptographic configuration externalized (config files or environment variables) so algorithm choices can change without recompiling.
• Log and monitor cryptographic failures (e.g., verification errors) but avoid logging keys or sensitive material.
• Validate random number sources and prefer OS CSPRNGs (e.g., /dev/urandom, GetRandom, CryptGenRandom equivalents).
• Conduct threat modeling focused on cryptography misuse: key compromise, downgrade attacks, replay attacks.
• Write migration tests that swap your crypto provider to a FIPS library to surface integration issues early.

Example Migration Strategy (High Level)

1. Audit current crypto usage and record all algorithms, key formats, and dependencies.
2. Choose a target FIPS‑validated module/library and map features (e.g., OpenSSL FIPS Object Module or a platform‑provided validated module).
3. Implement an adapter layer to translate your CryptoProvider calls to the FIPS module.
4. Produce a dedicated FIPS build and run integration tests, interoperability tests, and performance benchmarks.
5. Submit required artifacts for FIPS validation (if you need your own module validated) or rely on validated modules and document configurations.
6. Roll out dual-track releases: offer FIPS builds to customers who need them while maintaining non‑FIPS builds for general users.

Communication and Sales Considerations

• Be transparent with customers: state clearly which builds are FIPS‑validated (if any) and the security tradeoffs of non‑FIPS operation.
• Provide procurement teams with short compliance summaries and a roadmap if you plan to support FIPS later.
• For enterprise deals where FIPS matters, offer timelines and cost estimates for producing a FIPS‑validated artifact.

Summary

Launching without FIPS can accelerate development, reduce cost, and allow use of modern cryptographic primitives, but it also introduces regulatory, compatibility, and assurance risks. The pragmatic approach is to design systems with clean crypto abstractions, strong secure defaults, key protection, and a documented migration path so you can adopt FIPS‑validated modules later if needed. With these safeguards, many organizations can safely start outside FIPS while keeping the option to meet stricter compliance requirements in the future.