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The IDA Open Source Migration Guidelines recommend: It also suggests that the following questions need to be addressed: It also recommends ensuring that decisions made now, even if they do not relate directly to a migration, should not further tie an Administration to proprietary file formats and protocols. (The MIT license is similar to public domain release, but with some legal protection from lawsuits.). This legal analysis must determine if it is possible to meet the conditions of all relevant licenses simultaneously. Adtek Acculoads. In effect, the malicious developer could lose many or all rights over their license-violating result, even rights they would normally have had! Relevant government authorities make it clear that the Antideficiency Act (ADA) does not generally prohibit the use of OSS due to limitations on voluntary services. 31 U.S.C. 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. OpenSSL - SSL/cryptographic library implementation, GNAT - Ada compiler suite (technically this is part of gcc), perl, Python, PHP, Ruby - Scripting languages, Samba - Windows - Unix/Linux interoperability. A choice of venue clause is a clause that states where a dispute is to be resolved (e.g., which court). Cisco Systems, Inc. 170 West Tasman Dr. San Jose, CA 95134-1706 USA. Performance Statements are plain language and avoid using uncommon acronyms and abbreviations. Q: What additional material is available on OSS in the government or DoD? OSS-like development approaches within the government. Boundary Protection Devices and Systems - 41 Certified Products. As noted above, in nearly all cases, open source software is considered commercial software by U.S. law, the FAR, and the DFARS. This formal training is supplemented by extensive on-the-job training and accumulated hands on experience gained throughout the Service member's career. Thus, if there is an existing contract, you must check the contract to determine the specific situation; the text above merely describes common cases. Using a made-up word that has no Google hits is often a good start, but again, see the PTO site for more information. But in practice, publicly-released OSS nearly always meets the various government definitions for commercial computer software and thus is nearly always considered commercial software. 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. As noted by the 16 October 2009 policy memorandum from the DoD CIO, in almost all cases OSS is a commercial item as defined by US Law (Title 41) and regulation (the FAR). 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 Air Force thinks it's finally found a way. 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). Search. (Note that such software would often be classifed.). The key issue with both versions of the GPL is that, unlike most other OSS licenses, the GPL licenses require that a recipient of a binary (executable) must be able to demand and receive the source code of that program, and the recipient must also be able to propogate the work under that license. Execution Mixing GPL and other software can run at the same time on the same computer or network. Do not use spaces when performing a product number/title search (e.g. . An OTD project might be OSS, but it also might not be (it might be OGOTS/GOSS instead). Adobe Acrobat Reader. For example, users of proprietary software must typically pay for a license to use a copy or copies. This also means that these particular licenses are compatible. This process provides a single, consolidated list of products that have met cybersecurity and interoperation certification requirements. Department of the Air Force updates policies, procedures to recruit for the future. 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). 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. Although the government cannot directly sue for copyright violation, in such cases it can still sue for breach of license and, presumably, get injunctive relief to stop the breach and money damages to recover royalties obtained by breaching the license (and perhaps other damages as well). The release of the software may be restricted by the International Traffic in Arms Regulation (ITAR) or Export Administration Regulation (EAR). Use a widely-used existing license. The following questions discuss some specific cases. Only some developers are allowed to modify the trusted repository directly: the trusted developers. AFCWWTS 2021 BREAKOUT SESSION Coming Soon. Read More 616th OC Airmen empower each other. 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. Q: Is a lot of pre-existing open source software available? Note, however, that this may be negotiated; if the government agrees to only receive lesser rights (such as government-purpose rights or restricted rights) then the government does not have the rights necessary to release that software as open source software. 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. Q: Doesnt hiding source code automatically make software more secure? Yes, both the government and contractors may obtain and use trademarks, service marks, and/or certification marks for software, including OSS. 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). Document from where and when any external software was acquired, as well as the license conditions, so that future users and maintainers can easily comply with the license terms. DISA Tools Mission Statement. 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). Q: What are the risks of failing to consider the use of OSS components or approaches? Where possible, software developed partly by government funds should broken into a set of smaller components at the lowest practicable level so the rules can be applied separately to each one. Others do not like the term GOSS, because GOSS is not actually OSS, and they believe the term can be misleading. When the software is already deployed, does the project develop and deploy fixes? Very Important Notes: The Public version of DoD Cyber Exchange has limited content. All executables that is not on a base approval list will soon be blocked. 2 Commanders Among 6 Fired from Jobs at Minot Air Force Base Col. Gregory Mayer, the commander of the 5th Mission Support Group, and Maj. Jonathan Welch, the commander of the 5th. 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. However, the government can release software as OSS when it has unlimited rights to that software. OTD is an approach to software/system development in which developers (in multiple organizations) collaboratively develop and maintain software or a system in a decentralized fashion. First of all, being a US firm has little relationship to the citizenship of its developers and its suppliers developers. Reasons for taking this approach vary. Permissive: These licenses permit the software to become proprietary (i.e., not OSS). Units. 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. Conversely, if it widely-used, has many developers, and so on, the likelihood of review increases. Feb. 4, 2022 |. 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. Q: Is there a name for software whose source code is publicly available, but does not meet the definition of open source software? 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". Q: Has the U.S. government released OSS projects or improvements? Q: In what form should I release open source software? In some cases, the sources of information for OSS differ. 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. Below are current coronavirus disease 2019 statistics for Department of Air Force personnel: *These numbers include all of the cases that were reported since our last update on Jan. 18. The cases are too complicated to summarize here, other than to say that the GPLv2 was clearly regarded as enforceable by the courts. "acquire commercial services, commercial products, or nondevelopmental items other than commercial products to meet the needs of the agency; require prime contractors and subcontractors at all levels under the agency contracts to incorporate commercial services, commercial products, or nondevelopmental items other than commercial products as components of items supplied to the agency; modify requirements in appropriate cases to ensure that the requirements can be met by commercial services or commercial products or, to the extent that commercial products suitable to meet the agencys needs are not available, nondevelopmental items other than commercial products in response to agency solicitations; state specifications in terms that enable and encourage bidders and offerors to supply commercial services or commercial products or, to the extent that commercial products suitable to meet the agencys needs are not available, nondevelopmental items other than commercial products in response to the agency solicitations; revise the agencys procurement policies, practices, and procedures not required by law to reduce any impediments in those policies, practices, and procedures to the acquisition of commercial products and commercial services; and, require training of appropriate personnel in the acquisition of commercial products and commercial services.". SUBJECT: Software Products Approval Process . DEPARTMENT OF THE AIR FORCE HEADQUARTERS AIR FORCE SPACE COMMAND . 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. DoDIN Approved Products List. Several static tool vendors support analysis of OSS (such as Coverity and Sonatype) as a way to improve their tools and gain market use. FROM: HQ AFSPC/A6 . 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. Coat or jacket depending on the season. Q: Can the government or contractor use trademarks, service marks, and/or certification marks with OSS projects? OSS and Security/Software Assurance/System Assurance/Supply Chain Risk Management. how to ensure the interoperability of systems; how to build systems that are manageable. Telestra provides Air Force simulators with . 10 USC 2377 requires that the head of an agency shall ensure that procurement officials in that agency, to the maximum extent practicable: Similarly, it requires preliminary market research to determine whether there are commercial services or commercial products or, to the extent that commercial products suitable to meet the agencys needs are not available, nondevelopmental items other than commercial items available that (A) meet the agencys requirements; (B) could be modified to meet the agencys requirements; or (C) could meet the agencys requirements if those requirements were modified to a reasonable extent. This market research should occur before developing new specifications for a procurement by that agency; and before soliciting bids or proposals for a contract in excess of the simplified acquisition threshold.. Public domain software (in this copyright-related sense) can be used by anyone for any purpose, and cannot by itself be released under a copyright license (including typical open source software licenses). Q: Is it more difficult to comply with OSS licenses than proprietary licenses? 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. Certain FAR clause alternatives (such as FAR 52.227-17) require the contractor to assign the copyright to the government. Yes, but the following considerations apply: As stated above, software developed by government employees as part of their official duties is not subject to copyright protection in the United States. DISA FREE HOME ANTIVIRUS SOFTWARE (CAC REQ'D) STRATEGIC . What it does mean, however, is that the DoD will not reject consideration of a COTS product merely because it is OSS. The list consists of 21 equipment categories divided into categories, sub-categories and then . The Air Force separated 610 Airmen for declining the once-mandated COVID-19 vaccination. What is Open Technology Development (OTD)? By some definitions this is technically not an open source license, because no license is needed, but such public domain software can be legally used, modified, and combined with other software without restriction. No changes since that date. As long as a GPL program does not embed GPL software into its outputs, a GPL program can process classified/proprietary information without question. Are there guidance documents on OGOTS/GOSS? Once software exists, all costs are due to maintenance and support of software. Most commercial software (including OSS) is not designed for such purposes. Government Cloud Brings DoD Systems in the 21st Century. Epitalon (Epithalon) Hexarelin. 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). Use typical OSS infrastructure, tools, etc. Q: Is this related to open source intelligence? 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). This shows that proprietary software can include functionality that could be described as malicious, yet remain unfixed - and that at least in some cases OSS is reviewed and fixed. Many projects, particularly the large number of projects managed by the Free Software Foundation (FSF), ask for an employers disclaimer from the contributors employer in a number of circumstances. There are far too many examples to list; a few examples are: The key risk is the revelation of information that should not be released to the public. If some portion of the software is protected by copyright, then the combined software work can be released under a copyright license. 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. Anyone who is considering this approach should obtain a determination from general counsel first (and please let the FAQ authors know!). 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. 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. Q: Where can I release open source software that are new projects to the public? Peterson AFB CO 80914-4420 . Specific patents can also be authorized using clause FAR 52.227-5 or via listed exceptions of FAR 52.227-3. For additional information please contact: disa.meade.ie.list.approved-products-certification-office@mail.mil. Section 6.C.3.a notes that the voluntary services provision is not new; it first appeared, in almost identical form, back in 1884. 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. Careful legal review is required to determine if a given license is really an open source software license. Many DoD capabilities are accessible via web browsers using open standards such as TCP/IP, HTTP, and HTML; in such cases, it is relatively easy to use or switch to open source software implementations (since the platforms used to implement the client or server become less relevant). This includes the most popular OSS license, the, Weakly Protective (aka weak copyleft): These licenses are a compromise between permissive and strongly protective licenses. The WHO was established on 7 April 1948. (Such terms might include open source software, but could also include other software). However, if the GPL software must be mixed with other proprietary/classified software, the GPL terms must still be followed. Q: Is there any quantitative evidence that open source software can be as good as (or better than) proprietary software? If the project is likely to become large, or must perform filtering for public release, it may be better to establish its own website. 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. However, there are advantages to registering a trademark, especially for enforcement. As an aid, the Open Source Initiative (OSI) maintains a list of Licenses that are popular and widely used or with strong communities. OSS implementations can help rapidly increase adoption/use of the open standard. Instead, users who are careful to use open standards can easily switch to a different implementation, including an OSS implementation. 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. An example of such software is Expect, which was developed and released by NIST as public domain software. Note also that merely being developed for the government is no guarantee that there is no malicious embedded code. Q: What are Open Government Off-the-Shelf (OGOTS) or Government OSS (GOSS)? As noted above, in software, Open Source refers to software for which the human-readable source code is available for use, study, re-use, modification, enhancement, and re-distribution by the users of such software. An OSS implementation can be read and modified by anyone; such implementations can quickly become a working reference model (a sample implementation or an executable specification) that demonstrates what the specification means (clarifying the specification) and demonstrating how to actually implement it. A 2003 MITRE study, Use of Free and Open Source Software (FOSS) in the U.S. Department of Defense, identified many OSS programs that the DoD is already using that are licensed using the GPL. DEPARTMENT OF THE AIR FORCE HEADQUARTERS AIR FORCE SPACE COMMAND GUARDIANS OF THE HIGH FRONTIER. Air Force football finishes signing class with 28 three-star recruits, most in Mountain West. .. 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". What contract applies, what are its terms, and what decisions have been made? Clarence Carpenter. However, the public domain portions may be extracted from such a joint work and used by anyone for any purpose. As of Jan. 21, the Air Force has administratively separated 111 active duty Airmen. In some cases access is limited to portions of the government instead of the entire government. 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 . It is only when the OSS is modified that additional OSS terms come into play, depending on the OSS license. Senior leaders across DoD see bridging the tactical edge and embedding resilience to scale as key issues moving forward. More Mobile Apps. Where it is important, examining the security posture of the supplier (the OSS project) and scanning/testing/evaluating the software may also be wise. Coronavirus (COVID-19) Update Information. 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. The terms that apply to usage and redistribution tend to be trivially easy to meet (e.g., you must not remove the license or author credits when re-distributing the software). Establish vetting process(es) before government will use updated versions (testing, etc.). Q: Can government employees contribute code to open source software projects? You can support OSS either through a commercial organization, or you can self-support OSS; in either case, you can use community support as an aid. Example: GPL and (unrelated) proprietary applications can be running at the same time on a desktop PC. Acquisition Common Portal Environment. 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. When considering any software (OSS or proprietary), look for evidence that the risk of unlawful release is low.

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