Examples include: If you know of others who have similar needs, ask them for leads. 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. It may be illegal to modify proprietary software, but that will normally not slow an attacker. 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. 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. 923, is in 31 U.S.C. As explained in detail below, nearly all OSS is commercial computer software as defined in US law and the Defense Federal Acquisition Regulation Supplement, and if it used unchanged (or with only minor changes), it is almost always COTS. DoD ESI is pleased to announce the Cybersecurity Multi-Award Blanket Purchase Agreements (BPAs) for Appgate, CyberArk, Exabeam, Fidelis Security, Firemon, Forcepoint, Fortinet, Illumio, LogRhythm, Okta, Ping Identity, Racktop Systems, RedSeal, Sailpoint, Tychon and Varonis Systems. As with proprietary software, to reduce the risk of executing malicious code, potential users should consider the reputation of the supplier (the OSS project) 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 (e.g., from the main project site or a trusted distributor). Typically enforcement actions are based on copyright violations, and only copyright holders can raise a copyright claim in U.S. court. Typically, obtaining rights granted by the license can only be obtained when the requestor agrees to certain conditions. Tech must enable mission success. 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. Conversely, if it widely-used, has many developers, and so on, the likelihood of review increases. GOTS software should not be released when it implements a strategic innovation, i.e. Many perceive this openness as an advantage for OSS, since OSS better meets Saltzer & Schroeders Open design principle (the protection mechanism must not depend on attacker ignorance). This memorandum surveys U.S. economic sanctions and anti-money laundering ("AML") developments and trends in 2022 and provides an outlook for 2023. What is Open Technology Development (OTD)? 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 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 following marking should be added to software source code when the government has unlimited rights due to the use of the DFARS 252.227-7014 contract: The U.S. Government has Unlimited Rights in this computer software pursuant to the clause at DFARS 252.227-7014. Fundamentally, a standard is a specification, so an open standard is a specification that is open. . In some cases a DoD contractor may be required to transfer copyright to the government for works produced under contract (see DFARS 252.227-7020). The usual DoD contract clause (DFARS 252.227-7014) permits this by default. This is not a contradiction; its quite common for different organizations to have different rights to the same software. In addition, DISA has initiated an assessment of the APL process, which was enacted nearly a decade ago, to ensure that current procedures align with new and evolving departmental priorities. As noted above, OSS projects have a trusted repository that only certain developers (the trusted developers) can directly modify. While this argument may be valid, we know of no court decision or legal opinion confirming this. 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. Requiring the use of very unusual development tools may impede development, unless those tools provide a noticeable advantage. Q: Is there an approved, recommended or Generally Recognized as Safe/Mature list of Open Source Software? If it is a new project, be sure to remove barriers to entry for others to contribute to the project: OSS should be released using conventional formats that make it easy to install (for end-users) and easy to update (for potential co-developers). AOD-9604. 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. Thankfully, there are ways to reduce the risk of executing malicious code when using commercial software (both proprietary and OSS). No. 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". The DSOP is joint effort of the DOD's Chief Information Officer, Office of the Undersecretary of Defense for Acquisition and Sustainment. As noted in the Secure Programming for Linux and Unix HOWTO, three conditions reduce the risks from unintentional vulnerabilities in OSS: The use of any commercially-available software, be it proprietary or OSS, creates the risk of executing malicious code embedded in the software. Determine if there will be a government-paid lead. Bases. 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. It may be found at, US Army Regulation 25-2, paragraph 4-6.h, provides guidance on software security controls that specifically addresses open source software. However, if the goal is to encourage longevity and cost savings through a commonly-maintained library or application, protective licenses may have some advantages, because they encourage developers to contribute their improvements back into a single common project. In addition, important open source software is typically supported by one or more commercial firms. Guglielmo Marconi. Six pairs of ankle socks. At this time there is no widely-accepted term for software whose source code is available for review but does not meet the definition of open source software (due to restrictions on use, modification, or redistribution). Q: What are the major types of open source software licenses? This need for legal analysis is one reason why creating new OSS licenses is strongly discouraged: It can be extremely difficult, costly, and time-consuming to analyze the interplay of many different licenses. Volume II of its third edition, section 6.C.3, describes in detail this prohibition on voluntary services. The central theme of 2022 was the U.S. government's deploying of its sanctions, AML . Yes. 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. Q: Is there a standard marking for software where the government has unlimited rights? The term Free software predates the term open source software, but the term Free software has sometimes been misinterpreted as meaning no cost, which is not the intended meaning in this context. Other open source software implementations of Unix interfaces include OpenBSD, NetBSD, FreeBSD, and Darwin. Q: Is it more difficult to comply with OSS licenses than proprietary licenses? Q: Can contractors develop software for the government and then release it under an open source license? Navy - 1-877-418-6824. 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. Thus, complex license management processes to track every installation or use of the software, or who is permitted to use the software, is completely unnecessary. SUBJECT: Software Products Approval Process . 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. 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. However, the required FAR Clause 52.212-4(d) establishes that This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. With practically no exceptions, successful open standards for software have OSS implementations. The 2003 MITRE study section 1.3.4 outlines several ways to legally mix GPL with proprietary or classified software: Often such separation can occur by separating information into data and a program that uses it, or by defining distinct layers. 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. . An OTD project might be OSS, but it also might not be (it might be OGOTS/GOSS instead). Q: Can the government or contractor use trademarks, service marks, and/or certification marks with OSS projects? Many development tools covered by the GPL include libraries and runtimes that are not covered by the GPL itself but the GPL with a runtime exception (e.g., the CLASSPATH exception) that specifically permits development of proprietary software. 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. Q: Do choice of venue clauses automatically disqualify OSS licences? The GPL and LGPL licenses specifically recommend that You should also get your employer (if you work as a programmer) or school, if any, to sign a copyright disclaimer for the program, if necessary., and point to additional information. Do you have the materials (e.g., source code) and are all materials properly marked? Under the default DFARS and FAR rules and processes, the contractor often keeps and exercise the rights of a copyright holder, which enables them to release that software as open source software (as long as other laws and regulations are met). In particular, will it be directly linked with proprietary or classified code? This can create an avalanche-like virtuous cycle. Florida Solar Energy Center's EnergyGauge. Continuous and broad peer-review, enabled by publicly available source code, improves software reliability and security through the identification and elimination of defects that might otherwise go unrecognized by the core development team.
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