This is not merely theoretical; in 2003 the Linux kernel development process resisted an attack. If there is an existing contract, you must check the contract to determine the specific situation; the text above merely describes common cases. 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. Air Force - (618)-229-6976, DSN 779. The Creative Commons is a non-profit organization that provides free tools, including a set of licenses, to let authors, scientists, artists, and educators easily mark their creative work with the freedoms they want it to carry. 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. . Q: How can I get support for OSS that already exists? Thus, avoid releasing software under only the original (4-clause) BSD license (which has been replaced by the new or revised 3-clause licence), the Academic Free License (AFL), the now-abandoned Common Public License 1.0 (CPL), the Open Software License (OSL), or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). Problems must be fixed. Ipamorelin. 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 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. 2019 Approved Software Developers of Paper 2D Forms (PDF 47.33 KB) Final as of April 2, 2020. At project start, the project creators (who create the initial trusted repository) are the trusted developers, and they determine who else may become a trusted developer of this initial trusted repository. Q: Can the government or contractor use trademarks, service marks, and/or certification marks with OSS projects? Each government program must determine its needs, and then evaluate its options for meeting those needs. Use of the DODIN APL allows DOD Components to purchase and operate systems over all DOD network infrastructures. This memorandum only applies to Navy and Marine Corps commands, but may be a useful reference for others. This makes the expectations clear to all parties, which may be especially important as personnel change. 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. DAF COVID-19 Statistics - January 2022. As more improvements are made, more people can use the product, creating more potential users as developers - like a snowball that gains mass as it rolls downhill. Services that are intended and agreed to be gratuitous do not conflict with this statute. This General Service Administration (GSA . 75th Anniversary Article. Choose a widely-used existing license; do not create a new license. 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. No. What are good practices for use of OSS in a larger system? Approved software is listed on the DCMA Approved Software List. No, although they work well together, and both are strategies for reducing vendor lock-in. It may be illegal to modify proprietary software, but that will normally not slow an attacker. Numbered Air Forces. In the commercial world, the copyright holders are typically the individuals and organizations that originally developed the software. It also risks reduced flexibility (including against cyberattack), since OSS permits arbitrary later modification by users in ways that some other license approaches do not. The Office of the Chief Software Officer is leading the mission to make the Digital Air Force a reality by supporting our Airmen with Software Enterprise Capabilities.We are enabling adoption of innovative software best practices, cyber security solutions, Artificial Intelligence and Machine Learning technologies across AF programs while removing impediments to DevSecOps and IT innovation. At the subsequent meeting of the Inter-Allied Council . FROM: HQ AFSPC/A6 . By definition, OSS software permits arbitrary use of the software, and allows users to re-distribute the software to others. Cisco Firepower Threat Defense (FTD) 6.4 with FMC and AnyConnect. Not under typical open source software licenses based on copyright, but there is an alternative with the same practical effect. Q: Does the DoD use OSS for security functions? 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). These include: If you are looking for smaller pieces of code to reuse, search engines specifically for code may be helpful. The cases are too complicated to summarize here, other than to say that the GPLv2 was clearly regarded as enforceable by the courts. This has never been true, and explaining this takes little time. Are there guidance documents on OGOTS/GOSS? Yes, both the government and contractors may obtain and use trademarks, service marks, and/or certification marks for software, including OSS. The rules for many other U.S. departments may be very different. 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. This is not a copyright license, it is the absence of a license. The term has primarily been used to reflect the free release of information about the hardware design, such as schematics, bill of materials and PCB layout data, or its representation in a hardware description language (HDL), often with the use of open source software to drive the hardware. What is more, the supplier may choose to abandon the product; source-code escrow can reduce these risks somewhat, but in these cases the software becomes GOTS with its attendant costs. Florida Solar Energy Center's EnergyGauge. Determine if there will be a government-paid lead. An OTD project might be OSS, but it also might not be (it might be OGOTS/GOSS instead). 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. REFERENCES: (a) AFI 33-210, "Air Force Certification and Accreditation (C&A) 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. The DSOP is joint effort of the DOD's Chief Information Officer, Office of the Undersecretary of Defense for Acquisition and Sustainment. In many cases, yes, but this depends on the specific contract and circumstances. Note: Software that is developed collaboratively by multiple organizations within the government and its contractors for government use, and not released to the public, is sometimes called Open Government Off-the-Shelf (OGOTS) or Government OSS (GOSS). 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. 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). Example: GPL software can be stored on the same computer disk as (most kinds of) proprietary software. Since users will want to use the improvements made by others, they have a strong financial incentive to submit their improvements to the trusted repository. Conversely, if it widely-used, has many developers, and so on, the likelihood of review increases. is a survey paper that provides quantitative data that, in many cases, using open source software / free software (abbreviated as OSS/FS, FLOSS, or FOSS) is a reasonable or even superior approach to using their proprietary competition according to various measures.. (its) goal is to show that you should consider using OSS/FS when acquiring software. An Open System is a system that employs modular design, uses widely supported and consensus based standards for its key interfaces, and has been subjected to successful V&V tests to ensure the openness of its key interfaces (per the DoD Open Systems Joint Task Force). It can be argued that classified software can be arbitrarily combined with GPL code, beyond the approaches described above. What it does mean, however, is that the DoD will not reject consideration of a COTS product merely because it is OSS. 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. The Defense Information Systems Agency maintains the DOD Information Network (DODIN) Approved Products List (APL) process, as outlined in DOD Instruction 8100.04 on behalf of the Department of Defense. The red book explains its purpose; since an agency cannot directly obligate in excess or advance of its appropriations, it should not be able to accomplish the same thing indirectly by accepting ostensibly voluntary services and then presenting Congress with the bill, in the hope that Congress will recognize a moral obligation to pay for the benefits conferred. If the intent of a contract is to develop software to be released as open source software, it is best to expressly include release as OSS as part of the contract. Lock-in tends to raise costs substantially, reduces long-term value (including functionality, innovation, and reliability), and can become a serious security problem (since the supplier has little incentive to provide a secure product and to quickly fix problems found later). The intended audience of this tool is emergency managers, first responders, and other homeland security professionals. (Supports Block Load, Room-by-Room Load, Zone-by-Zone and Adequate Exposure Diversity or AED Calculations) Wrightsoft Right-J8. 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. 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. Again, these are examples, and not official endorsements of any particular product or supplier. Licenses that meet all the criteria above include the MIT license, revised BSD license, the Apache 2.0 license (though Apache 2.0 is only compatible with GPL version 3 not GPL version 2), the GNU Lesser General Public License (LGPL) versions 2.1 or 3, and the GNU General Public License (GPL) versions 2 or 3. Q: Is the GPL compatible with Government Unlimited Rights contracts, or does the requirement to display the license, etc, violate Government Unlimited Rights contracts? As with all commercial items, organizations must obey the terms of the commercial license, negotiate a different license if necessary, or not use the commercial item. 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. 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. 75th Anniversary Article. The FAR and DFARS specifically permit different agreements to be struck (within certain boundaries). Typically enforcement actions are based on copyright violations, and only copyright holders can raise a copyright claim in U.S. court. Indeed, many people have released proprietary code that is malicious. Air Force, U.S. Navy, and U.S. Marine Corps, and to participating agencies in-volved with supportability analysis sum-maries and provisioning/item selection functions by, or for, Department of Defense weapons systems, equipment, publications, software and hardware, training, training devices, and support equipment. 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. Q: Is there a standard marking for software where the government has unlimited rights? 97-258, 96 Stat. The summary of changes section reads as follows as of Dec. 3, 2021: This interim change revises DAFI 36-2903 by adding Chief of Staff of the Air Force-approved Air Force Virtual Uniform Board items, standardizing guidance for the maintenance duty uniform, republishing guidance from Department of the Air Force guidance memorandum for female hair . dress & appearance Policy. Open source software that has at least one non-governmental use, and is licensed to the public, is commercial software. However, sometimes OGOTS/GOSS software is later released as OSS. See. Defense Information Systems Agency (DISA), National Centers of Academic Excellence in Cybersecurity (NCAE-C), Public Key Infrastructure/Enabling (PKI/PKE), https://dl.dod.cyber.mil/wp-content/uploads/home/img/img1.jpg. Permissive: These licenses permit the software to become proprietary (i.e., not OSS). The DoDIN APL is an acquisition decision support tool for DoD organizations interested in procuring equipment to add to the DISN to support their mission. 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. No. These formats may, but need not, be the same. 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. The term trademark is often used to refer to both trademarks and service marks. This also means that these particular licenses are compatible. Similarly, OSS (as well as proprietary software) may indeed have malicious code embedded in it. However, the public domain portions may be extracted from such a joint work and used by anyone for any purpose. Adtek Acculoads. The 2003 MITRE study, Use of Free and Open Source Software (FOSS) in the U.S. Department of Defense, for analysis purposes, posed the hypothetical question of what would happen if OSS software were banned in the DoD, and found that OSS plays a far more critical role in the DoD than has been generally recognized (especially in) Infrastructure Support, Software Development, Security, and Research. In many cases, yes, but this depends on the specific contract and circumstances. Software that meets very high reliability/security requirements, aka high assurance software, must be specially designed to meet such requirements. Choose a GPL-compatible license. OSS-like development approaches within the government. Widespread availability and use of the software (which increases the likelihood of detection), Configuration management systems that record the identity of individual contributors (which acts as a deterrent), Licenses or development policies that warn against the unlawful inclusion of material, or require people to specifically assert that they are acting lawfully (which reduce the risk of unintentional infringement), Lack of evidence of infrigement (e.g., an Internet search for project name + copyright infringement turns up nothing). Execution Mixing GPL and other software can run at the same time on the same computer or network. The world's number-one enterprise cloud gives the DoD the power to capture, analyze, and retrieve important information quickly . 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). It noted that a copyright holder may dedicate a certain work to free public use and yet enforce an open source copyright license to control the future distribution and modification of that work Open source licensing has become a widely used method of creative collaboration that serves to advance the arts and sciences in a manner and at a pace that few could have imagined just a few decades ago Traditionally, copyright owners sold their copyrighted material in exchange for money. 1.1.3. Q: What are antonyms for open source software? Open standards make it easier for users to (later) adopt an open source software program, because users of open standards arent locked into a particular implementation. If the project is likely to become large, or must perform filtering for public release, it may be better to establish its own website. ), (See also GPL FAQ, Question Can the US Government release a program under the GNU GPL?). Examples include: If you know of others who have similar needs, ask them for leads. Choose a license that has passed legal reviews and is clearly accepted as an OSS license. References to specific products or organizations are for information only, and do not constitute an endorsement of the product/company. 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. In some cases access is limited to portions of the government instead of the entire government. . Obviously, contractors cannot release anything (including software) to the public if it is classified. Contracts under the federal government FAR, but not the DFARS, often use clause FAR 52.227-14 (Rights in Data - General). Community OSS support is never enough by itself to provide this support, because the OSS community cannot patch your servers or workstations for you. 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. Full Residential Load Calculation. A Boston Consulting Group study found that the average age of OSS developers was 30 years old, the majority had training in information technology and/or computer science, and on average had 11.8 years of computer programming experience. 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). September 22, 2022. Approved supplements are maintained by AFCENT/A1RR at afcent.a1rrshaw@afcent.af.mil. For additional information please contact: disa.meade.ie.list.approved-products-certification-office@mail.mil. Why Open Source Software / Free Software (OSS/FS, FLOSS, or FOSS)? Some people like the term GOSS, because it indicates an intent to do OSS-like collaborative development, but within the government instead. DISA Tools Mission Statement. In effect, the malicious developer could lose many or all rights over their license-violating result, even rights they would normally have had! Look at the Numbers! The public release of the item is not restricted by other law or regulation, such as the Export Administration Regulations or the International Traffic in Arms Regulation, and the item qualifies for Distribution Statement A, per DoD Directive 5230.24 (reference (i)).". OSS can often be purchased (directly, or as a support contract), and such purchases often include some sort of indemnification. (3) Verbal waivers are NOT authorized.
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