A U.S. Air Force A-10 receives maintenance at Davis-Monthan Air Force Base, Arizona, May 29, 2020. In particular, U.S. law (10 USC 2377) requires a preference for commercial products for procurement of supplies or services. In many cases, yes, but this depends on the specific contract and circumstances. DoD Directive 5000.1 states that open systems shall be employed, where feasible, and the European Commission identifies open standards as a major policy thrust. (The MIT license is similar to public domain release, but with some legal protection from lawsuits.). However, using a support vendor is not the only approach or the best approach in all cases; system/program managers and DAAs must look at the specific situation to make a determination. Another useful source is the list of licenses accepted by the Google code hosting service. This Open Source Software FAQ was originally developed on Intellipedia, using a variety of web browsers including Mozilla Firefox. After all, most proprietary software licenses explicitly forbid modifying (or even reverse-engineering) the program, so the GPL actually provides additional rights not present in most proprietary software. However, this cost-sharing is done in a rather different way than in proprietary development. Thankfully, there are ways to reduce the risk of executing malicious code when using commercial software (both proprietary and OSS). As noted above, in nearly all cases, open source software is considered commercial software by U.S. law, the FAR, and the DFARS. As an aid, the Open Source Initiative (OSI) maintains a list of Licenses that are popular and widely used or with strong communities. 2021.04.30 2023.04.30 Apple Inc. Apple FileVault 2 on T2 systems running macOS Catalina 10.15: 11078 . For disposal or recycling per NSA/CSS Policy Manual 9-12, "Storage Device Sanitization and Destruction Manual": Information stored on these . Computer and electronic hardware that is designed in the same fashion as open source software (OSS) is sometimes termed open source hardware. As with all commercial items, the DoD must comply with the items license when using the item. Q: Am I required to have commercial support for OSS? This can increase the number of potential users. The usual federal non-DoD clause (FAR 52.227-14) also permits this by default as long as the government has not granted the contractor the right to assert copyright. The products listed below are evaluated against a NIAP-approved Protection Profile, which encompasses the security requirements and test activities suitable across the technology with no EAL assigned - hence the conformance claim is "PP". Thus, avoid releasing software under only the original (4-clause) BSD license (which has been replaced by the new or revised 3-clause licence), the Academic Free License (AFL), the now-abandoned Common Public License 1.0 (CPL), the Open Software License (OSL), or the Mozilla Public License version 1.1 (MPL 1.1). An example is (connecting) a GPL utility to a proprietary software component by using the Unix pipe mechanism, which allows one-way flow of data to move between software components. The use of software with a proprietary license provides absolutely no guarantee that the software is free of malicious code. 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. Several static tool vendors support analysis of OSS (such as Coverity and Sonatype) as a way to improve their tools and gain market use. Some protocols and formats have been specifically devised and reviewed to avoid patents; using them is more likely to avoid problems. It would also remove the uniquely (OSS) ability to change infrastructure source code rapidly in response to new modes of cyberattack. Navy - 1-877-418-6824. The cases are too complicated to summarize here, other than to say that the GPLv2 was clearly regarded as enforceable by the courts. Thus, as long as the software has at least one non-governmental use, software licensed (or offered for license) to the public is a commercial product for procurement purposes. Use a common OSS license well-known to be OSS (GPL, LGPL, MIT/X, BSD-new, Apache 2.0) dont write your own license. Contractors must still abide with all other laws before being allowed to release anything to the public. Often there is a single integrating organization, while other organizations inside the government submit proposed changes to the integrator. In practice, commercial software (OSS or not) tends to be developed globally, especially when you consider their developers and supply chains. The DoD is, of course, not the only user of OSS. In most cases, this GPL license term is not a problem. 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. If you have concerns about using in-house staff, augmented by the OSS community for those components, then select and pay a commercial organization to provide the necessary support. We maintain more than 8,000 acres of land, a physical plant of over 16 million square feet and provide operational support for more than 100 associate units located at Wright-Patterson. On approval, such containers are granted a "Certificate to Field" designation by the Air Force Chief Software Officer. It is important to understand that open source software is commercial software, because there are many laws, regulations, policies, and so on regarding commercial software. https://www.disa.mil/network-services/ucco, The DoD Cyber Exchange is sponsored by 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. It costs essentially nothing to download a file. There are valid business reasons, unrelated to security, that may lead a commercial company selling proprietary software to choose to hide source code (e.g., to reduce the risk of copyright infringement or the revelation of trade secrets). Q: How should I create an open source software project? Note that this sometimes depends on how the program is used or modified. SUBJECT: Software Applications Approval Process . Q: Is there a large risk to DoD contractors that widely-used OSS violates enforceable software patents? Indeed, vulnerability databases such as CVE make it clear that merely hiding source code does not counter attacks: Hiding source code does inhibit the ability of third parties to respond to vulnerabilities (because changing software is more difficult without the source code), but this is obviously not a security advantage. In particular, it found that DoD security depends on (OSS) applications and strategies, and that a hypothetic ban would have immediate, broad, and in some cases strongly negative impacts on the ability of the DoD to analyze and protect its own networks against hostile intrusion. Q: Does the DoD already use open source software? Open systems and open standards counter dependency on a single supplier, though only if there is a competing marketplace of replaceable components. Any reproduction of this computer software, or portions thereof, marked with this legend must also reproduce these markings.. Only some developers are allowed to modify the trusted repository directly: the trusted developers. Unfortunately, this typically trades off flexibility; the government does not have the right to modify the software, so it cannot fix serious security problems, add arbitrary improvements, or make the software work on platforms of its choosing. African nations hold Women, Peace and Security Panel at AACS 2023. An Open Source Community can update the codebase, but they cannot patch your servers. The good news is that, by definition, OSS provides its source code, enabling a more informed evaluation than is typically available for other kinds of COTS products. Very Important Notes: The Public version of DoD Cyber Exchange has limited content. These definitions in U.S. law govern U.S. acquisition regulations, namely the Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFARS). [ top of page] If such software includes third-party components that were not produced in performace of that contract, the contractor is generally responsible for acquiring those components with acceptable licenses that premit the government to use that software. This page is an educational resource for government employees and government contractors to understand the policies and legal issues relating to the use of open source software (OSS) in the United States Department of Defense (DoD). Permissive: These licenses permit the software to become proprietary (i.e., not OSS). A GPLed engine program can be controlled by classified data that it reads without issue. However, there are advantages to registering a trademark, especially for enforcement. Terms that people have used include source available software, open-box software, visible-source software, and disclosed-source software. This strengthens evaluations by focusing on technology specific security requirements. Examples include GPL applications running on proprietary operating systems or wrappers, and GPL applications that use proprietary components explicitly marked as non-GPL. In addition, important open source software is typically supported by one or more commercial firms. Examples include: If you know of others who have similar needs, ask them for leads. Choose a widely-used existing license; do not create a new license. 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. In short, the ADAs limitation on voluntary services does not broadly forbid the government from working with organizations and people who identify themselves as volunteers, including those who develop OSS. Search. This might occur, for example, if the government originally only had Government Purpose Rights (GPR), but later the government received unlimited rights and released the software as OSS. Q: How does open source software work with open systems/open standards? In most cases, yes. Use of the DODIN APL allows DOD Components to purchase and operate systems over all DOD network infrastructures. So, while open systems/open standards are different from open source software, they are complementary and can work well together. A service mark is "a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of a service rather than goods. Six pairs of ankle socks. The GNU General Public License (GPL) is the most common OSS license; while you do not need to use the GPL, it is often unwise to choose a license incompatible with the majority of OSS. 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. CJC-1295 DAC. Cyberspace Capabilities Center Re-designation Ceremony Nov 7, 1300. This assessment is slated to conclude in the fourth quarter of this fiscal year (FY2022) and all updates to the DoDIN APL process are expected to be published and available by March 2023. DEPARTMENT OF THE AIR FORCE HEADQUARTERS AIR FORCE SPACE COMMAND GUARDIANS OF THE HIGH FRONTIER. 1342 the Attorney General drew a distinction that the Comptroller of the Treasury thereafter adopted, and that GAO and the Justice Department continue to follow to this daythe distinction between voluntary services and gratuitous services. Some key text from this opinion, as identified by the red book, are: [I]t seems plain that the words voluntary service were not intended to be synonymous with gratuitous service it is evident that the evil at which Congress was aiming was not appointment or employment for authorized services without compensation, but the acceptance of unauthorized services not intended or agreed to be gratuitous and therefore likely to afford a basis for a future claim upon Congress. As always, if there are questions, consult your attorney to discuss your specific situation. The 2003 MITRE study, Use of Free and Open Source Software (FOSS) in the U.S. Department of Defense, did suggest developing a Generally Recognized As Safe (GRAS) list, but such a list has not been developed. As noted in the article Open Source memo doesnt mandate a support vendor (by David Perera, FierceGovernmentIT, May 23, 2012), the intent of the memo was not to issue a blanket requirement that all open source software come bundled with contractor support or else it cant be used If a Defense agency is able to sustain the open source software with its own skills and talents then that can be enough to satisfy the intent of the memo. In addition, How robust the support plan need be can also vary on the nature of the software itself For command and control software, the degree would have to be greater than for something thats not so critical to mission execution. The FAR and DFARS specifically permit different agreements to be struck, within certain boundaries, and other agencies have other supplements. At the subsequent meeting of the Inter-Allied Council . In effect, the malicious developer could lose many or all rights over their license-violating result, even rights they would normally have had! Use of the DODIN APL allows DOD Components to purchase and operate systems over all DOD network . If a government employee enhances or modifies a (copyrighted) open source software program, the resulting work is a joint work (see 17 USC 101) which is partially copyrighted and partially public domain. OGOTS/GOSS software is often not OSS; software is only OSS if it meets the definition of OSS. Similarly, OSS (as well as proprietary software) may indeed have malicious code embedded in it. Note that this also applies to proprietary software, which often have even stricter limits on if/how the software may be changed. The MITRE study did identify some of many OSS programs that the DoD is already using, and may prove helpful. A certification mark is any word, phrase, symbol or design, or a combination thereof owned by one party who certifies the goods and services of others when they meet certain standards. Other laws must still be obeyed. Any company can easily review OSS to look for proprietary code that should not be there; there are even OSS tools that can find common code. Air Force - (618)-229-6976, DSN 779. According to the U.S. Patent and Trademark Office (PTO): For more about trademarks, see the U.S. Patent and Trademark Office (PTO) page Trademark basics. 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). Choose a GPL-compatible license. DAF COVID-19 Statistics - January 2022. This memo is available at, The Open Technology Development Roadmap was released by the office of the Deputy Under Secretary of Defense for Advanced Systems and Concepts, on 7 Jun 2006. Performance Statements are plain language and avoid using uncommon acronyms and abbreviations. Air Force ROTC is offered at over 1,100 colleges and universities in the continental United States, Puerto Rico and Hawaii. With practically no exceptions, successful open standards for software have OSS implementations. The United States Air Force operates a service called "Iron Bank", which is the DoD Enterprise repository of hardened software containers, many of which are based on open source products. For advice about a specific situation, however, consult with legal counsel. Distribution Mixing GPL and other software can be stored and transmitted together. The first specific step towards the establishment of the United Nations was the Inter-Allied conference that led to the Declaration of St James's Palace on 12 June 1941. DFARS 252.227-7014(a)(15) defines unlimited rights as rights to use, modify, reproduce, release, perform, display, or disclose computer software or computer software documentation in whole or in part, in any manner and for any purpose whatsoever, and to have or authorize others to do so. This enables cost-sharing between users, as with proprietary development models. For example, trademarks and certification marks can be used to differentiate one version of OSS from others, e.g., to designate certain releases as an official version. The Air Force's program comes with a slight caveat: it's actually called Bring Your Own Approved Device (BYOAD); airmen won't be able to . Using a made-up word that has no Google hits is often a good start, but again, see the PTO site for more information. However, note that the advantages of cost-sharing only applies if there are many users; if no user/co-developer community is built up, then it can be as costly as GOTS. . If your contract has FAR clause 52.212-4 (which it is normally required to do), then choice of venue clauses in software licenses are undesirable, but the order of precedence clause (in the contract) means that the choice of venue clause (in the license) is superseded by the Contract Disputes Act. Under the same reasoning, the CBP determined that building an object file from source code performed a substantial transformation into a new article. It is impossible to completely eliminate all risks; instead, focus on reducing risks to acceptable levels. Most commercial software (including OSS) is not designed for such purposes. DoDIN APL is managed by the APCO | disa.meade.ie.list.approved-products-certification-office@mail.mil. Contractors for other federal agencies may have a different process to use, but after going through a process they can often release such software as open source software. Q: What additional material is available on OSS in the government or DoD? Even if source code is necessary (e.g., for source code analyzers), adequate source code can often be regenerated by disassemblers and decompilers sufficiently to search for vulnerabilities. For example, software that can only be used for government purposes is not OSS, since it cannot be used for any purpose. For DoD contractors, if the standard DFARS contract clauses are used (in particular DFARS 252.227-7014) then the contractor who developed the software retains the copyright to the software and has the right to release it to others, even if the software was developed exclusively with government funds. Since OSS provides source code, there is no problem. However, sometimes OGOTS/GOSS software is later released as OSS. However, it must be noted that the OSS model is much more reflective of the actual costs borne by development organizations. It points to various studies related to market share, reliability, performance, scalability, security, and total cost of ownership. In most cases, contributors to OSS projects intend for their contributions to be gratuitous, and provide them for all (not just for the Federal government), clearly distinguishing such OSS contributions from the voluntary services that the ADA was designed to prevent. See also DFARS subpart 227.70infringement claims, licenses, and assignments and 28 USC 1498. The, Educate all software developers that they must comply with all valid licenses - including both proprietary. When including externally-developed software in a larger system (e.g., as a library), make it clearly separable from the other components and easy to update. However, such malicious code cannot be directly inserted by just anyone into a well-established OSS project. No. OSS implementations can help rapidly increase adoption/use of the open standard. If you know of an existing proprietary product meets your needs, searching for its name plus open source source may help. This isnt usually an issue because of how typical DoD contract clauses work under the DFARS. The Customs and Border Protection (CBP) has said, in an advisory ruling, that the country of origin of software is the place where the software is converted into object code (Software comes from the place where its converted into object code, says CBP, FierceGovernmentIT), for purposes of granting waivers of certain Buy American restrictions in U.S. law or practice or products offered for sale to the U.S. Government.. In some cases, export-controlled software may be licensed for export under the condition that the source code not be released; this would prevent release of software that had mixed GPL and export-controlled software. This clause establishes that the choice of venue clause (category 4) is superseded by the Contract Disputes Act (category 2), and thus the conflict is typically moot. Commercial software (both proprietary and OSS) is occasionally updated to fix errors (including security vulnerabilities), and your system should be designed so that it is relatively easy to accept these updates. For software delivered under federal contracts, any choice of venue clauses in the license generally conflict with the Contract Disputes Act. By definition, OSS software permits arbitrary use of the software, and allows users to re-distribute the software to others. Thus, if a defendant can show the plaintiff had unclean hands, the plaintiffs complaint will be dismissed or the plaintiff will be denied judgment. So if the government releases software as OSS, and a malicious developer performs actions in violation of that license, then the governments courts might choose to not enforce any of that malicious developers intellectual rights to that result. The U.S. Court of Appeals for the Federal Circuits 2008 ruling on Jacobsen v. Katzer made it clear that OSS licenses are enforceable, even if money is not exchanged. Static attacks (e.g., analyzing the code instead of its execution) can use pattern-matches against binaries - source code is not needed for them either. Yes, extensively. The NASA FAR Supplement (NFS) 1852.227-14 gives NASA the right, under typical conditions, to demand that a contractor assert copyright and then assign the copyright to the government, which would again give the government the right to release the software as open source software. As noted in Technical Data and Computer Software: A Guide to Rights and Responsibilities Under Federal Contracts, Grants and Cooperative Agreements by the Council on Governmental Relations (COGR), This unlimited license enables the government to act on its own behalf and to authorize others to do the same things that it can do, thus giving the government essentially the same rights as the copyright owner. In short, once the government has unlimited rights, it has essentially the same rights as a copyright holder, and can then use those rights to release that software under a variety of conditions (including an open source software license), because it has the use and modify the software at will, and has the right to authorize others to do so. More Mobile Apps. Typically, obtaining rights granted by the license can only be obtained when the requestor agrees to certain conditions. (2) Medications not on this list, singly or in combination, require review by AFMSA/SG3/5PF (rated officers) and MAJCOM/SG (non-rated personnel). This has never been true, and explaining this takes little time. Established Oct. 1, 2013, the Defense Health Agency is the centerpiece of Military Health System governance reform, as outlined in the Deputy Secretary of Defense's March 11, 2013 Memorandum "Implementation of Military Health System Governance Reform." The DHA's role is to achieve greater integration of our direct and purchased health care delivery systems so that we accomplish the . . Search and apply for the latest Hourly pay jobs in Randolph Air Force Base, TX. 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). Factors that greatly reduce this risk include: Typically not, though the risk varies depending on their contract and specific circumstance. Q: How do GOTS, Proprietary COTS, and OSS COTS compare? Open standards can aid open source software projects: Note that open standards aid proprietary software in exactly the same way. The more potential users, the more potential developers. The usual DoD contract clause (DFARS 252.227-7014) permits this by default. AFCWWTS 2021 GUEST LIST Coming Soon. 923, is in 31 U.S.C. No changes since that date. If using acronyms and abbreviations, only utilize those identified on the approved Air Force Acronym and Abbreviation List, unless noted by an approved category. Lawmakers also approved the divestment of 13 . In particular, will it be directly linked with proprietary or classified code? MEMORANDUM FOR ALL MAJCOMs/FOAs/DRUs . 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. Elite RHVAC. when it implements novel functionality which is not already available to the public, and which significantly improves DoD mission outcomes or business processes. Various organizations have been formed to reduce patent risks for OSS. Even if a commercial program did not originally have vulnerabilities, both proprietary and OSS program binaries can be modified (e.g., with a hex editor or virus) so that it includes malicious code. For at least 7 years, Borlands Interbase (a proprietary database program) had embedded in it a back door; the username politically, password correct, would immediately give the requestor complete control over the database, a fact unknown to its users. 75th Anniversary Article. Department of the Air Force updates policies, procedures to recruit for the future. As stated in FAR 25.103 Exceptions item (e), The restriction on purchasing foreign end products does not apply to the acquisition of information technology that is a commercial item, when using fiscal year 2004 or subsequent fiscal year funds (Section 535(a) of Division F, Title V, Consolidated Appropriations Act, 2004, and similar sections in subsequent appropriations acts).. before starting have a clear understanding of the reasons to migrate; ensure that there is active support for the change from IT staff and users; make sure that there is a champion for change the higher up in the organisation the better; build up expertise and relationships with the OSS movement; ensure that each step in the migration is manageable.
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