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. Administration/Format. Failing to understand that open source software is commercial software would result in failing to follow the laws, regulations, policies, and so on regarding commercial software. Air Force ROTC is offered at over 1,100 colleges and universities in the continental United States, Puerto Rico and Hawaii. The ruling was a denial of a motion for summary judgement, and the parties ultimately settled the claim out-of-court. Going through our RMF/DICAP and cannot find the Air Force Approved Software List anywhere. The Department of Defense Information Network (DoDIN) Approved Products List (APL) is the single consolidated list of products that affect communication and collaboration across the DoDIN. Q: Is this related to open source intelligence? The DoDIN APL is managed by the Approved Products Certification Office (APCO). 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. African nations hold Women, Peace and Security Panel at AACS 2023. External Resources - DoD Cyber Exchange The Air Force Institute of Technology, or AFIT, is the Air Force's graduate school of engineering and management as well as its institution for technical professional continuing education. 31 U.S.C. In many cases, weakly protective licenses are used for common libraries, while strongly protective licenses are used for applications. A company that found any of its proprietary software in an OSS project can in most cases quickly determine who unlawfully submitted that code and sue that person for infringement. DISA has updated the APL Integrated Tracking System, a web-based user database, to list products that have been approved and the current status of remaining items that are still in process. Many governments, not just the U.S., view open systems as critically necessary. Everything just redirects to the DISA Approved Product list which only covers hardware. Thus, in many cases a choice of venue clause is not an insurmountable barrier to acceptance of the software delivery by the government. Acquisition Common Portal Environment. The information on this page does not constitute legal advice and any legal questions relating to specific situations should be referred to legal counsel. If this is the case, then the contractor cannot release the software as OSS without permission, because the contractor doesnt own the copyright. If the standard DFARS contract clauses are used (see DFARS 252.227-7014), then unless other arrangements are made, the government has unlimited rights to a software component when (1) it pays entirely for the development of it (see DFARS 252.227-7014(b)(1)(i)), or (2) it is five years after contract signature if it partly paid for its development (see DFARS 252.227-7014(b)(2)). Others do not like the term GOSS, because GOSS is not actually OSS, and they believe the term can be misleading. The cases are too complicated to summarize here, other than to say that the GPLv2 was clearly regarded as enforceable by the courts. Air Force thinks it's cracked the code on BYOD Examples include: If you know of others who have similar needs, ask them for leads. September 22, 2022. This approach may inhibit later release of the combined result to other parties (e.g., allies), as release to an ally would likely be considered distribution as defined in the GPL. However, if the covered software/library is itself modified, then additional conditions are imposed. 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. Thus, they are all strategies for sharing the development and maintenance costs of software, potentially reducing its cost. ASTi's Telestra systems integrate with a vast array of simulators across the Air Force Distributed Mission Operations (DMO) enterprise. 97-258, 96 Stat. 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. By U.S. Cybercom Command Public Affairs | Aug. 12, 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. Cybersecurity Facility-Related Control Systems (FRCS) - SERDP-ESTCP Classified information may not be released to the public without special authorization to do so. 75 Years of Dedicated Service. 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. 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. Department of the Air Force updates policies, procedures to recruit for the future. No. In many cases, yes, but this depends on the specific contract and circumstances. No; this is a low-probability risk for widely-used OSS programs. It also often has lower total cost-of-ownership than proprietary COTS, since acquiring it initially is often free or low-cost, and all other support activities (training, installation, modification, etc.) Software licensed under the GPL can be mixed with software released under other licenses, and mixed with classified or export-controlled software, but only under conditions that do not violate any license. This Open Source Software FAQ was originally developed on Intellipedia, using a variety of web browsers including Mozilla Firefox. The rules for many other U.S. departments may be very different. MEMORANDUM FOR ALL MAJCOMs/FOAs/DRUs . The first-ever Oklahoma Black History Day was celebrated at the state Capitol Feb. 13 with Lt. Gen. Stacey Hawkins, Air Force Sustainment Center commander, serving as the keynote speaker for the event.Hosted by the Oklahoma Legislative Black Caucus, a focus of this . 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. As long as a GPL program does not embed GPL software into its outputs, a GPL program can process classified/proprietary information without question. Is it COTS? World Health Organization - Wikipedia Since OSS provides source code, there is no problem. 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. Government lawyers and Contracting Officers are trained to try to negotiate licenses which resolve these ambiguities without having to rely on the less-satisfying Order of Precedence, but generally accede when licenses in question are non-negotiable, such as with OSS licenses in many cases. This includes the, Strongly Protective (aka strong copyleft): These licenses prevent the software from becoming proprietary, and instead enforce a share and share alike approach. Air Force Policy Directive 38-1, Manpower and Organization, 2 July 2019 Air Force instruction 33-360, Publications and Forms Management, 1 December 2015 Air Force Manual 33-363, Management of Records, 21 July 2016 Adopted Forms AF Form 847, Recommendation for Change of Publications Yes. Boundary Protection Devices and Systems - 41 Certified Products. 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. This formal training is supplemented by extensive on-the-job training and accumulated hands on experience gained throughout the Service member's career. The resulting joint work as a whole is protected by the copyrights of the non-government authors and may be released according to the terms of the original open-source license. OGOTS/GOSS software is often not OSS; software is only OSS if it meets the definition of OSS. Since it is typically not legal to modify proprietary software at all, or it is legal only in very limited ways, it is trivial to determine when these additional terms may apply. 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. The public release also makes it easy to have copies of versions in many places, and to compare those versions, making it easy for many people to review changes. . For software delivered under federal contracts, any choice of venue clauses in the license generally conflict with the Contract Disputes Act. In the Intelligence Community (IC), the term open source typically refers to overt, publicly available sources (as opposed to covert or classified sources). OSS is typically developed through a collaborative process. Home page of Hill Air Force Base 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. (See also Publicly Releasing Open Source Software Developed for the U.S. Government by Dr.David A. Wheeler, DoD Software Tech News, February 2011.). Many prefer unified diff patches, generated by diff -u or similar commands. Do not use spaces when performing a product number/title search (e.g. Some OSS is very secure, while others are not; some proprietary software is very secure, while others are not. DOD SkillBridge The following questions discuss some specific cases. Approved supplements are maintained by AFCENT/A1RR at afcent.a1rrshaw@afcent.af.mil. There is no injunctive relief available, and there is no direct cause of action against a contractor that is infringing a patent or copyright with the authorization or consent of the Government (e.g., while performing a contract).. More recent decisions, such as the 1982 decision B-204326 by the U.S. Comptroller General, continue to confirm this distinction between gratuitous and voluntary service. 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. REFERENCES: (a) AFI 33-210, "Air Force Certification and Accreditation (C . Q: What are the major types of open source software licenses? Each government program must determine its needs, and then evaluate its options for meeting those needs. These cases were eventually settled by the parties, but not before certain claims regarding the GPLv2 were decided. Q: What is the country of origin for software? 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. how to ensure the interoperability of systems; how to build systems that are manageable. Reasons for taking this approach vary. Perhaps more importantly, by forcing there to be an implementation that others can examine in detail, resulting in better specifications that are more likely to be used. 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). Approved software is listed on the DCMA Approved Software List. Software licenses (including OSS licenses) may also involve the laws for patent, trademark, and trade secrets, in addition to copyright. SUBJECT: Software Applications Approval Process . Computer and electronic hardware that is designed in the same fashion as open source software (OSS) is sometimes termed open source hardware. Patents expire after 20 years, so any idea (invention) implemented in software publicly available for more than 20 years should not, in theory, be patentable. disa.meade.ie.list.approved-products-certification-office@mail.mil. 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. A protective license protects the software from becoming proprietary, and instead enforces a share and share alike approach between parties. Other documents that you may find useful include: An official website of the United States government, Frequently Asked Questions regarding Open Source Software (OSS) and the Department of Defense (DoD). Distribution Mixing GPL and other software can be stored and transmitted together. In practice, OSS projects tend to be remarkably clean of such issues. when it implements novel functionality which is not already available to the public, and which significantly improves DoD mission outcomes or business processes. Example: GPL software can be stored on the same computer disk as (most kinds of) proprietary software. 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. Look at the Numbers! Using a made-up word that has no Google hits is often a good start, but again, see the PTO site for more information. The example of Borlands InterBase/Firebird is instructive. PITTSFORD, N.Y., June 8, 2021 . Coat or jacket depending on the season. This process provides a single, consolidated list of products that have met cybersecurity and interoperation certification requirements. In practice, commercial software (OSS or not) tends to be developed globally, especially when you consider their developers and supply chains. 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. Q: When a DoD contractor is developing a new system/software as a deliverable in a typical DoD contract, is it possible to include existing open source software? Service Mixing GPL can provide generic services to other software. Once software exists, all costs are due to maintenance and support of software. If the OSS is intended for use on Linux/Unix systems, follow standard source installation release practices so that it is easier for users to install. Q: How do GOTS, Proprietary COTS, and OSS COTS compare? Knowledge is more important than the licensing scheme. You will need a Common Access Card (CAC) with DoD Certificates to access DoD Cyber Exchange NIPR. I agree to abide by software copyrights and to comply with the terms of all licenses. 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). The services focus on bringing automated software tools, services and standards to DOD programs so that warfighters can create, deploy, and operate software applications in a secure, flexible, and . DEPARTMENT OF THE AIR FORCE HEADQUARTERS AIR FORCE SPACE COMMAND . Q: Can the government release software under an open source license if it was developed by contractors under government contract? Q: Doesnt hiding source code automatically make software more secure? 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. This General Service Administration (GSA . can be competed, and the cost of some improvements may be borne by other users of the software. DISA Tools Mission Statement. 2021.04.30 2023.04.30 Apple Inc. Apple FileVault 2 on T2 systems running macOS Catalina 10.15: 11078 . 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). (3) Verbal waivers are NOT authorized. Do you have the materials (e.g., source code) and are all materials properly marked? Note that this also applies to proprietary software, which often have even stricter limits on if/how the software may be changed. Thus, as long as the software has at least one non-governmental use, software released (or offered for release) to the public is a commercial product for procurement purposes, even if it was originally developed using public funds. Include upgrade/maintenance costs, including indirect costs (such as hardware replacement if necessary to run updated software), in the TCO. It may be illegal to modify proprietary software, but that will normally not slow an attacker. "Delivering a more lethal force requires the ability to evolve faster and be more adaptable . Clarifying Guidance Regarding Open Source Software (OSS), a list of licenses which have successfully gone through the approval process and comply with the Open Source Definition, publishes a list of licenses that meet the Free Software Definition, good licenses that Fedora has determined are open source software licenses, Federal Source Code Policy, OMB Memo 16-21, National Defense Authorization Act for FY2018, http://www.doncio.navy.mil/contentview.aspx?id=312, http://www.dtic.mil/dtic/tr/fulltext/u2/a450769.pdf, http://www.whitehouse.gov/omb/memoranda/fy04/m04-16.html, http://www.army.mil/usapa/epubs/pdf/r25_2.pdf, Defense Federal Acquisition Regulation Supplement (DFARS), 40 CFR, Section 252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation, European Interoperability Framework (EIF), Bruce Perens Open Standards: Principles and Practice, U.S. Court of Appeals for the Federal Circuits 2008 ruling on Jacobsen v. Katzer, The Free-Libre / Open Source Software (FLOSS) License Slide, GPL linking exception term (such as the Classpath exception), Maintaining Permissive-Licensed Files in a GPL-Licensed Project: Guidelines for Developers (Software Freedom Law Center), Creative Commons does not recommend that you use one of their licenses for software, GPL FAQ, Can I use the GPL for something other than software?, GPL FAQ, Who has the power to enforce the GPL?, 2003 MITRE study, Use of Free and Open Source Software (FOSS) in the U.S. Department of Defense, Secure Programming for Linux and Unix HOWTO, in 2003 the Linux kernel development process resisted an attack, Software comes from the place where its converted into object code, says CBP, FierceGovernmentIT, Gartner Groups Mark Driver stated in November 2010, Estimating the Total Development Cost of a Linux Distribution, Open Source Software for Imagery & Mapping (OSSIM), Open Source Alternatives (Ben Balter et al.). 1498, the exclusive remedy for patent or copyright infringement by or on behalf of the Government is a suit for monetary damages against the Government in the Court of Federal Claims. AFI 36-2903 Updates > 302nd Airlift Wing > Article Display Depending on your goals, a trademark, service mark, or certification mark may be exactly what you need. Thankfully, such analyses has already been performed on the common OSS licenses, which tend to be mutually compatible. Only some developers are allowed to modify the trusted repository directly: the trusted developers. The list of products, referred to as "Blue sUAS," come from 5 different manufacturers: Skydio, Parrot, Altavian, Teal Drones, and Vantage Robotics. As of Jan. 21, the Air Force has administratively separated 111 active duty Airmen. OSS-like development approaches within the government. No. The DoD has not expressed a position on whether or not software should be patented, but it is interested in ensuring that software that effectively supports its missions can be developed in a cost-effective, timely, and legal manner. We also provide some thoughts concerning compliance and risk mitigation in this challenging environment. Also, since there are a limited number of users, there is limited opportunity to gain from user innovation - which again can lead to obsolescence. Around the Air Force: Accelerating the Legacy, Expanding Cyber Resiliency, Poppy Seed Warning. The release may also be limited by patent and trademark law. Signing Day | Air Force football Class of 2021 signing list Indeed, because a calculation of damages is inherently speculative, these types of license restrictions might well be rendered meaningless absent the ability to enforce through injunctive relief. In short, it determined that the OSS license at issue in the case (the Artistic license) was indeed an enforceable license. 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. Spouse's information if you have one. However, support from in-house staff, augmented by the OSS community, may be (and often is) sufficient. Q: Is there a large risk to DoD contractors that widely-used OSS violates enforceable software patents? Atty Gen.51 (1913)) that has become the leading case construing 31 U.S.C. 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. . Volume II of its third edition, section 6.C.3, describes in detail this prohibition on voluntary services. 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). In addition, important open source software is typically supported by one or more commercial firms. However, this cost-sharing is done in a rather different way than in proprietary development. 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. It is far better to fix vulnerabilities before deployment - are such efforts occuring? This is in addition to the advantages from OSS because it can be reviewed, modified, and redistributed with few restrictions (inherent in the definition of OSS). Yes, both the government and contractors may obtain and use trademarks, service marks, and/or certification marks for software, including OSS. Home USCYBERCOM Also, there are rare exceptions for NIST and the US Postal Service employees where a US copyright can be obtained (see CENDIs Frequently Asked Questions About Copyright). DOR Approved Software Developers | Mass.gov 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. PDF Administrative Change to AFI 38-206, Additional Duty Management Q: What license should the government or contractor choose/select when releasing open source software?
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