To manage the acquisition, development, and integration of Cybersecurity Tools and Methods for securing the Defense Information Infrastructure. A primary reason that this is low-probability is the publicity of the OSS source code itself (which almost invariably includes information about those who made specific changes). Common licenses for each type are: - Permissive: MIT, BSD-new, Apache 2.0 - Weakly protective: LGPL (version 2 or 3) - Strongly protective: GPL (version 2 or 3). Do you have the necessary copyright-related rights? Once software exists, all costs are due to maintenance and support of software. Under U.S. copyright law, users must have permission (i.e. Windows Services for UNIX 3.0 is a good example of commercial use of GPL application mixing. By definition, OSS software permits arbitrary use of the software, and allows users to re-distribute the software to others. Units. In Wallace vs. FSF, Judge Daniel Tinder stated that the GPL encourages, rather than discourages, free competition and the distribution of computer operating systems and found no anti-trust issues with the GPL. OTD depends on open standards and interfaces, open source software and designs, collaborative and distributed online tools, and technological agility. Some protocols and formats have been specifically devised and reviewed to avoid patents; using them is more likely to avoid problems. U.S. courts have determined that the GPL does not violate anti-trust laws. Software might not infringe on a patent when it was released, yet the same software may later infringe on a patent if the patent was granted after the softwares release. You will need a Common Access Card (CAC) with DoD Certificates to access DoD Cyber Exchange NIPR. Proprietary COTS tend to be lower cost than GOTS, since the cost of development and maintenance is typically shared among a larger number of users (who typically pay to receive licenses to use the product). The GPL and government unlimited rights terms have similar goals, but differ in details. The DoD has not expressed a position on whether or not software should be patented, but it is interested in ensuring that software that effectively supports its missions can be developed in a cost-effective, timely, and legal manner. . Currently there is no APL Memo available for this Tracking Number. In some cases, it may be wise to release software under multiple licenses (e.g., LGPL version 2.1 and version 3, GPL version 2 and 3), so that users can then pick which license they will use. For almost as long as smartphones have existed, defense IT leaders have wondered aloud whether they'd ever be able to securely implement a bring-your-own-device (BYOD) approach to military networks. These lists apply to all NSA/CSS elements, contractors, and personnel, and pertains to all IS storage devices that they use. Clarence Carpenter. . At a high-level, DoD policy requires commercial software (including OSS) to come with either a warranty or source code, so that the software can be maintained when necessary by the supplier or the government. Permissive: These licenses permit the software to become proprietary (i.e., not OSS). Carmelsoft HVAC ResLoad-J. See the licenses listed in the FAQ question What are the major types of open source software licenses?. This enables cost-sharing between users, as with proprietary development models. The first-ever Oklahoma Black History Day was celebrated at the state Capitol Feb. 13 with Lt. Gen. Stacey Hawkins, Air Force Sustainment Center commander, serving as the keynote speaker for the event.Hosted by the Oklahoma Legislative Black Caucus, a focus of this . Boundary Protection Devices and Systems - 41 Certified Products. Some have found that community support can be very helpful. Atty Gen.51 (1913)) that has become the leading case construing 31 U.S.C. 75th Anniversary Article. DFARS 252.227-7014 specifically defines commercial computer software in a way that includes nearly all OSS, and defines noncommercial computer software as software that does not qualify as commercial computer software. Q: What are indicators that a specific OSS program will have fewer unintentional vulnerabilities? A component of Air University and Air Education and Training Command, AFIT is committed to providing defense-focused graduate and professional continuing education and research to sustain the technological . (See next question. The project manager, program manager, or other comparable official determines that it is in the Governments interest to do so, such as through the expectation of future enhancements by others. 7101-7109). Furthermore, 52.212-4(s) says: (s) Order of precedence. The. The 2009 DoD CIO memo on open source software says, in attachment 2, 2(d), The use of any software without appropriate maintenance and support presents an information assurance risk. This approach may inhibit later release of the combined result to other parties (e.g., allies), as release to an ally would likely be considered distribution as defined in the GPL. (See GPL FAQ, Can I use the GPL for something other than software?.). The owner of the mark exercises control over the use of the mark; however, because the sole purpose of a certification mark is to indicate that certain standards have been met, use of the mark is by others., You dont have to register a trademark to have a trademark. As noted in FAR 27.201-1, Pursuant to 28 U.S.C. Under the current DoD contracting regime, the contractor usually retains the copyright for software developed with government funding, so in such cases the contractor (not the government) has the right to sue for copyright violation. Factors that greatly reduce this risk include: Typically not, though the risk varies depending on their contract and specific circumstance. The purpose of Department of Defense Information Network Approved Products List (DODIN APL) is to maintain a single consolidated list of products that have completed Interoperability (IO) and Cybersecurity certification. OSS COTS is especially appropriate when there is an existing OSS COTS product that meets the need, or one can be developed and supported by a wide range of users/co-developers. Thus, they are all strategies for sharing the development and maintenance costs of software, potentially reducing its cost. The central theme of 2022 was the U.S. government's deploying of its sanctions, AML . .. Since OSS provides source code, there is no problem. No; this is a low-probability risk for widely-used OSS programs. Bases. As of 2021, the terms freeware and shareware, do not appear to have official definitions used by the United States Government, but historically (for example in the now-superseded DoD Instruction 8500.2) these terms have been used specifically for software distributed without cost where the Government does not have access to the original source code. No, complying with OSS licenses is much easier than proprietary licenses if you only use the software in the same way that proprietary software is normally used. Many software developers find software patents difficult to understand, making it difficult for them to determine if a given patent even applies to a given program. Clarifying Guidance Regarding Open Source Software (OSS) states that "Software items, including code fixes and enhancements, developed for the Government should be released to the public (such as under an open source license) when all of the following conditions are met: The government or contractor must determine the answer to these questions: Source: Publicly Releasing Open Source Software Developed for the U.S. Government. Establish vetting process(es) before government will use updated versions (testing, etc.). If you are releasing OSS source code for Unix-like systems (including Linux and MacOS), you should follow the usual conventions for doing so as described below: You may use existing industry OSS project hosting services such as SourceForge, Savannah, GitHub, or Apache Software Foundation. This memorandum surveys U.S. economic sanctions and anti-money laundering ("AML") developments and trends in 2022 and provides an outlook for 2023. The argument is that the classification rules are simply laws of the land (and not additional rules), the classification rules already forbid the release of the resulting binaries to those without proper clearances, and that the GPL only requires that source code be released to those who received a binary. Thus, the government may receive custom-developed, non-commercial software as a deliverable and receive unlimited rights for that new code, but also acquire only commercial rights to the third-party (possibly OSS) components. U.S. law governing federal procurement U.S. Code Title 41, Chapter 7, Section 103 defines commercial product as a product, other than real property, that- (A) is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and (B) has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public . Software developed by US federal government employees (including military personnel) as part of their official duties is not subject to copyright protection in the US (see 17 USC 105). By August 1941, American president Franklin Roosevelt and British prime minister Winston Churchill had drafted the Atlantic Charter to define goals for the post-war world. DoD contractors who always ignore components because they are OSS, or because they have a particular OSS license they dont prefer, risk losing projects to more competitive bidders. Include upgrade/maintenance costs, including indirect costs (such as hardware replacement if necessary to run updated software), in the TCO. Q: Can the government release software under an open source license if it was developed by contractors under government contract? DoDIN APL is managed by the APCO | disa.meade.ie.list.approved-products-certification-office@mail.mil. With practically no exceptions, successful open standards for software have OSS implementations. OSS can often be purchased (directly, or as a support contract), and such purchases often include some sort of indemnification. The cases are too complicated to summarize here, other than to say that the GPLv2 was clearly regarded as enforceable by the courts. Cisco takes a deep dive into the latest technologies to get it done. Such developers need not be cleared, for example. Software that meets very high reliability/security requirements, aka high assurance software, must be specially designed to meet such requirements. If the contractor was required to transfer copyright to the government for works produced under contract (e.g., because the FAR 52.227-17 or DFARS 252.227-7020 clauses apply to it), then the government can release the software as open source software, because the government owns the copyright. . The U.S. government can often directly combine GPL and proprietary, classified, or export-controlled software into a single program arbitrarily, as long as the result is never conveyed outside the U.S. government. As of Jan. 21, the Air Force has administratively separated 111 active duty Airmen. Such software does not normally undergo widespread public review, indeed, the source code is typically not provided to the public and there are often license clauses that attempt to inhibit review further (e.g., forbidding reverse engineering and/or forbidding the public disclosure of analysis results). No. Q: What is the legal basis of OSS licenses? Since OSS licenses are quite generous, the only license-violating actions a developer is likely to try is to release software under a more stringent license and those will have little effect if they cannot be enforced in court. The usual DoD contract clause (DFARS 252.227-7014) permits this by default. Note that this also applies to proprietary software, which often have even stricter limits on if/how the software may be changed. 150 Vandenberg Street, Suite 1105 . This also pressures proprietary implementations to limit their prices, and such lower prices for proprietary software also encourages use of the standard. U.S. law governing federal procurement U.S. Code Title 41, Section 103 defines commercial product as including a product, other than real property, that (A) is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and (B) has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public. Spouse's information if you have one. One way to deal with potential export control issues is to make this request in the same way as approving public release of other data/documentation. A protective license protects the software from becoming proprietary, and instead enforces a share and share alike approach between parties. Users can send bug reports to the distributor or trusted repository, just as they could for a proprietary program. Other laws must still be obeyed. An example of such software is Expect, which was developed and released by NIST as public domain software. The Air Force thinks it's finally found a way. When the program was released as OSS, within 5 months this vulnerability was found and fixed. . This strengthens evaluations by focusing on technology specific security requirements. Choose a license that best meets your goals. Support for OSS is often sold separately for OSS; in such cases, you must comply with the support terms for those uses to receive support, but these are typically the same kinds of terms that apply to proprietary software (and they tend to be simpler in practice). Q: Is there a standard marking for software where the government has unlimited rights? Marines - (703) 432-1134, DSN 378. This Open Source Software FAQ was originally developed on Intellipedia, using a variety of web browsers including Mozilla Firefox. Acquisition Process Model. Where possible, it may be better to divide such components into smaller components in a way that avoids this issue. However, if youre going to rely on the OSS community, you must make sure that the OSS community for that product is active, and that you have suitably qualified staff to implement the upgrades/enhancements developed by the community. In addition, important open source software is typically supported by one or more commercial firms. DISA has updated the APL Integrated Tracking System, a web-based user database, to list products that have been approved and the current status of remaining items that are still in process. Where it is important, examining the security posture of the supplier (e.g., their processes that reduce risk) and scanning/testing/evaluating the software may also be wise. This way, the software can be incorporated in the existing project, saving time and money in support. The public release also makes it easy to have copies of versions in many places, and to compare those versions, making it easy for many people to review changes. (See also Publicly Releasing Open Source Software Developed for the U.S. Government by Dr.David A. Wheeler, DoD Software Tech News, February 2011.). In effect, the malicious developer could lose many or all rights over their license-violating result, even rights they would normally have had! Thus, to reduce the risk of executing malicious code, potential users should consider the reputation of the supplier and the experience of other users, prefer software with a large number of users, and ensure that they get the real software and not an imitator. Note, however, that this risk has little to do with OSS, but is instead rooted in the risks of U.S. patent infringement for all software, and the patent indemnification clauses in their contract. Note that most commercial software is not intended to be used where the impact of any error of any kind is extremely high (e.g., a large number of lives are likely to be immediately lost if even the slightest software error occurs). You must release it without any copyright protection (e.g., as not subject to copyright protection in the United States) if you release it at all and if it was developed wholly by US government employee(s) as part of their official duties. In addition, since the source code is publicly released, anyone can review it, including for the possibility of malicious code. Open source software is also called Free software, libre software, Free/open source software (FOSS or F/OSS), and Free/Libre/Open Source Software (FLOSS). In addition, an attacker can often acquire the original source code from suppliers anyway (either because the supplier voluntarily provides it, or via attacks against the supplier); in such cases, if only the attacker has the source code, the attacker ends up with another advantage. how to ensure the interoperability of systems; how to build systems that are manageable. The Department of Defense Information Network (DoDIN) Approved Products List (APL) is the single consolidated list of products that affect communication and collaboration across the DoDIN. Various organizations have been formed to reduce patent risks for OSS.

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