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If a legal method for using the GPL software for a particular application cannot be devised, and a different license cannot be negotiated, then the GPL-licensed component cannot be used for that particular purpose. If it is a modification of an existing project, or a plug-in to it, release it under the projects original license (and possibly other licenses). These lists apply to all NSA/CSS elements, contractors, and personnel, and pertains to all IS storage devices that they use. The intended audience of this tool is emergency managers, first responders, and other homeland security professionals. Adobe Acrobat Reader software is copyrighted software which gives users instant access to documents in their original form, independent of computer platform. 1.1.3. No. Where it is unclear, make it clear what the source or source code means. . Under the same reasoning, the CBP determined that building an object file from source code performed a substantial transformation into a new article. Q: What are the risks of the government releasing software as OSS? Be sure to consider such costs over a period of time (typically the lifetime of the system including its upgrades), and use the same period when evaluating alternatives; otherwise, one-time costs (such as costs to transition from an existing proprietary system) can lead to erroneous conclusions. This eliminates future incompatibility and encourages future contributions by others. Q: Does the DoD already use open source software? Q: Is there a standard marking for software where the government has unlimited rights? 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. BPC-157. an Air Force community college and on 9 November 1971, General John D. Ryan, Air Force Chief of Staff, approved the establishment of the Community College of the Air Force. REFERENCES: (a) AFI 33-210, "Air Force Certification and Accreditation (C . 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 . Indeed, many people have released proprietary code that is malicious. Observing the output from inputs is often sufficient for attack. We also provide some thoughts concerning compliance and risk mitigation in this challenging environment. Look at the Numbers! ), (See also GPL FAQ, Question Can the US Government release a program under the GNU GPL?). This has a reduced likelihood if the program is niche or rarely-used, has few developers, uses a rare computer language, or is not really OSS. U.S. courts have determined that the GPL does not violate anti-trust laws. See the licenses listed in the FAQ question What are the major types of open source software licenses?. The program available to the public may improve over time, through contributions not paid for by the U.S. government. 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. Font size: 0G: Zero Gravity: Rate it: 106 RQW: 106th Rescue Wing: Rate it: 121ARW: 121st Air Refueling Wing: Rate it: 129 RQW: 129th Rescue Wing: Rate it: 1TS: No.1 Transmitting Station: Rate it: 920RQG: 920th Rescue Group: Rate it: A: Air Force Training . 75th Anniversary Article. FROM: Air Force Authorizing Official . For advice about a specific situation, however, consult with legal counsel. Examples include: If you know of others who have similar needs, ask them for leads. https://www.disa.mil/network-services/ucco, The DoD Cyber Exchange is sponsored by Performance Statements are plain language and avoid using uncommon acronyms and abbreviations. Creating any interface is an effort, and having a pre-defined standard helps reduce that effort greatly. Various organizations have been formed to reduce patent risks for OSS. The government can typically release software as open source software once it has unlimited rights to the software. Salesforce Government Cloud takes advantage of the same cloud-based CRM technology that has made Salesforce a household name among businesses large and small. GOTS is especially appropriate when the software must not be released to the public (e.g., it is classified) or when licenses forbid more extensive sharing (e.g., the government only has government-purpose rights to the 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). Q: How can I get support for OSS that already exists? Instead, the ADA prohibits government employees from accepting services that are not intended or agreed to be gratuitous, but were instead rendered in the hope that Congress will subsequently recognize a moral obligation to pay for the benefits conferred. Thus, open systems require standards that are widely-supported and consensus-based; standards that meet these (and possibly some additional conditions) may be termed open standards. These services must be genuinely generic in the sense that the applications that use them must not depend on the detailed design of the GPL software to work. 1342, Limitation on voluntary services, US Government Accountability Office (GAO) Office of the General Counsels Principles of Federal Appropriations Law (aka the Red Book), the 1982 decision B-204326 by the U.S. Comptroller General, How to Evaluate Open Source Software / Free Software (OSS/FS) Programs, Capgeminis Open Source Maturity Model (OSMM), Top Tips For Selecting Open Source Software, Open Source memo doesnt mandate a support vendor (by David Perera, FierceGovernmentIT, May 23, 2012), Code Analysis of the Linux Wireless Teams ath5k Driver, DFARS subpart 227.70infringement claims, licenses, and assignments, Prior Art and Its Uses: A Primer, by Theodore C. McCullough, this NASA Jet Propulsion Laboratory (JPL) project became a top level open source Apache Software Foundation project in 2011, Geographic Resources Analysis Support System (GRASS), Publicly Releasing Open Source Software Developed for the U.S. Government, CENDIs Frequently Asked Questions About Copyright, GPL FAQ, Question Can the US Government release a program under the GNU GPL?, Free Software Foundation License List, Public Domain, GPL FAQ, Question Can the US Government release improvements to a GPL-covered program?, Publicly Releasing Open Source Software Developed for the U.S. Government by Dr.David A. Wheeler, DoD Software Tech News, February 2011, U.S. Code Title 41, Chapter 7, Section 103, follow standard source installation release practices, Open Source Software license by the Open Source Initiative (OSI), Free Software license by the Free Software Foundation (FSF), Many view OSS license proliferation as a problem, Serdar Yegulalps 2008 Open Source Licensing Implosion (InformationWeek), Open Source Initiative (OSI) maintains a list of Licenses that are popular and widely used or with strong communities, licenses accepted by the Google code hosting service, Producing Open Source Software: How to Run a Successful Free Software Project by Karl Fogel, Open Technology Development (OTD): Lessons Learned & Best Practices for Military Software, Recognizing and Avoiding Common Open Source Community Pitfalls, Releasing Free/Libre/Open Source Software (FLOSS) for Source Installation, GNU Coding Standards, especially on the release process, Wikipedias Comparison of OSS hosting facilities page, U.S. Patent and Trademark Office (PTO) page Trademark basics, U.S. Patent and Trademark Office (PTO) page Should I register my mark?, Open Technology Development Lessons Learned, Office of the Director of National Intelligence (ODNI) Government Open-Source Software (GOSS) Handbook for Govies, Military - Open Source Software (MIL-OSS) DoD/IC discussion list, Hosted by Defense Media Activity - WEB.mil, Open source software licenses are reviewed and approved as conforming to the, In practice, an open source software license must also meet the, Fedora reviews licenses and publishes a list of, The Department of Navy CIO issued a memorandum with guidance on open source software on 5 Jun 2007. Make sure its really OSS. As always, if there are questions, consult your attorney to discuss your specific situation. It points to various studies related to market share, reliability, performance, scalability, security, and total cost of ownership. Elite RHVAC. 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. Indeed, according to Walli, Standards exist to encourage & enable multiple implementations. Use a common OSS license well-known to be OSS (GPL, LGPL, MIT/X, BSD-new, Apache 2.0) dont write your own license. Permissive: These licenses permit the software to become proprietary (i.e., not OSS). The GTG-F is a collection of web-based applications supporting the continuing evolution of the Department of Defense (DoD) Information Technology Standards. Also, since there are a limited number of users, there is limited opportunity to gain from user innovation - which again can lead to obsolescence. This Open Source Software FAQ was originally developed on Intellipedia, using a variety of web browsers including Mozilla Firefox. Q: Are non-commercial software, freeware, or shareware the same thing as open source software? The more potential users, the more potential developers. Such mixing can sometimes only occur when certain kinds of separation are maintained - and thus this can become a design issue. The DoD Antivirus Software License Agreement with McAfee allows active DoD employees to utilize the antivirus software for home use. What it does mean, however, is that the DoD will not reject consideration of a COTS product merely because it is OSS. The NSA/CSS Evaluated Products Lists equipment that meets NSA specifications. Q: Is the GPL compatible with Government Unlimited Rights contracts, or does the requirement to display the license, etc, violate Government Unlimited Rights contracts? Yes, both the government and contractors may obtain and use trademarks, service marks, and/or certification marks for software, including OSS. Not under typical open source software licenses based on copyright, but there is an alternative with the same practical effect. No, the DoD does not have an official recommendation for any particular OSS product or set of products, nor a Generally Recognized as Safe/Mature list. 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). Colleges & Your Majors. Government Off-the-Shelf (GOTS), proprietary commercial off-the-shelf (COTS), and OSS COTS are all methods to enable reuse of software across multiple projects. For commercial software, such needed fixes could be provided by a software vendor as part of a warranty, or in the case of OSS, by the government (or its contractors). In general, Security by Obscurity is widely denigrated. DSEI 2021, ExCel, LONDON, UK - 14 September 2021 - Curtiss-Wright's Defense Solutions division (Bays 22-26 ExCeL Exhibition Centre), a trusted supplier of tactical data link (TDL) software and hardware solutions engineered to succeed, announced that it has received certification from . Q: Is this related to open source intelligence? 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. If it is already available to the public and is used unchanged, it is usually COTS. A GPLed engine program can be controlled by classified data that it reads without issue. DAF COVID-19 Statistics - January 2022. Review really does happen. Since OSS provides source code, there is no problem. 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. Thus, GPLed compilers can compile classified programs (since the compilers treat the classified program as data), and a GPLed implementation of a virtual machine (VM) can execute classified software (since the VM implementation runs the software as data). Cyberspace Capabilities Center Re-designation Ceremony Nov 7, 1300. The related FAR 52.227-2 (Notice and Assistance Regarding Patent and Copyright Infringement), as prescribed by FAR 27.201-2(b), requires the contractor to report to the Contracting Officer each notice or claim of patent/copyright infrigement in reasonable written detail. Q: Can the government or contractor use trademarks, service marks, and/or certification marks with OSS projects? Even if OSS has no cost to download, there is still a cost for OSS due to installation, support, and so on (whether done in-house or through external organizations). The list of products, referred to as "Blue sUAS," come from 5 different manufacturers: Skydio, Parrot, Altavian, Teal Drones, and Vantage Robotics. You may only claim that a trademark is registered if it is actually registered. OSS-like development approaches within the government. 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. The rules for many other U.S. departments may be very different. For more information, see the. 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. 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. 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. Establish project website. disa.meade.ie.list.approved-products-certification-office@mail.mil. 000+ postings in Shaw Air Force Base, SC and other big cities in USA. No, OSS is developed by a wide variety of software developers, and the average developer is quite experienced. (Note that such software would often be classifed.). Q: What license should the government or contractor choose/select when releasing open source software? 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). Unlike proprietary COTS, GOTS has the advantage that the government has the right to change the software whenever the government chooses to do so. The World Health Organization (WHO) is a specialized agency of the United Nations responsible for international public health. This strengthens evaluations by focusing on technology specific security requirements. As noted by the OSJTF definition for open systems, be sure to test such systems with more than one web browser (e.g., Google Chrome, Microsoft Edge and Firefox), to reduce the risk of vendor lock-in. If using acronyms and abbreviations, only utilize those identified on the approved Air Force Acronym and Abbreviation List, unless noted by an approved category. (4) Waivers for non-FDA approved medications will not be considered. 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 . Even when the original source is necessary for in-depth analysis, making source code available to the public significantly aids defenders and not just attackers. In addition, ignoring OSS would not be lawful; U.S. law specifically requires consideration of commercial software (including extant OSS, regardless of exactly which license it uses), and specifically instructs departments to pass this requirement to consider commercial items down to contractors and their suppliers at all tiers. In some other cases, the government lacks the rights to release the software to the public, e.g., the government may only have Government Purpose Rights (GPR). Going through our RMF/DICAP and cannot find the Air Force Approved Software List anywhere. MEMORANDUM FOR ALL MAJCOMs/FOAs/DRUs . The government is not the copyright holder in such cases, but the government can still enforce its rights. In some cases, the government obtains the copyright; in those cases, the government can sue for copyright violation. What contract applies, what are its terms, and what decisions have been made? But what is radically different is that a user can actually make a change to the program itself (either directly, or by hiring someone to do it). Users can get their software directly from the trusted repository, or get it through distributors who acquire it (and provide additional value such as integration with other components, testing, special configuration, support, and so on). Release modifications under same license. If it is an improvement to an existing project, release it to the main OSS project, in whatever format they prefer changes. Can the DoD used GPL-licensed software? That said, this does not mean that all OSS is superior to all proprietary software in all cases by all measures. The lack of money changing hands in open source licensing should not be presumed to mean that there is no economic consideration, however. For the DoD, the risks of failing to consider the use of OSS where appropriate are of increased cost, increased schedule, and/or reduced performance (including reduced innovation or security) to the DoD due to the failure to use the commercial software that best meets the needs (when that is the case). References to specific products or organizations are for information only, and do not constitute an endorsement of the product/company. Many analyses focus on versions of the GNU General Public License (GPL), since this is the most common OSS license, but analyses for other licenses are also available. If that competitors use of OSS results in an advantage to the DoD (such as lower cost, faster schedule, increased performance, or other factors such as increased flexibility), contractors should expect that the DoD will choose the better bid. The. Navy - 1-877-418-6824. 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 example, a Code Analysis of the Linux Wireless Teams ath5k Driver found no license problems. Are there guidance documents on OGOTS/GOSS? The WHO was established on 7 April 1948. As described in FAR 27.404-3(a)(2), a contracting officer should grant such a request only when [that] will enhance appropriate dissemination or use but release as open source software would typically qualify as a justification for enhanced dissemination and use. What programs are already in widespread use? Do not mistakenly use the term non-commercial software as a synonym for open source software. 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. An OTD project might be OSS, but it also might not be (it might be OGOTS/GOSS instead). See. Widely-used programs include the Apache web server, Firefox web browser, Linux kernel, and many other programs.

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