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Thus, if there is an existing contract, you must check the contract to determine the specific situation; the text above merely describes common cases. Any software not listed on the Approved Software List is prohibited. No; this is a low-probability risk for widely-used OSS programs. NIAP: Product Compliant List - NIAP-CCEVS A choice of venue clause is a clause that states where a dispute is to be resolved (e.g., which court). Elite RHVAC. 16th Air Force > Home - AF This also pressures proprietary implementations to limit their prices, and such lower prices for proprietary software also encourages use of the standard. Another useful source is the list of licenses accepted by the Google code hosting service. 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. 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 does open source software work with open systems/open standards? DoD ESI In that case, the U.S. government might choose to continue to use the version to which it has unlimited rights, or it might use the publicly-available commercial version available to the government through that versions commercial license (the GPL in this case). Curtiss-Wright Receives Security Authorization from U.S. Air Force for 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 . The WHO was established on 7 April 1948. Use a widely-used existing license. While this argument may be valid, we know of no court decision or legal opinion confirming this. Indeed, many people have released proprietary code that is malicious. By default, the government has the necessary rights if it does not permit the contractor to assert copyright, but it loses those rights if the government permits the contractor to assert copyright. - White space on the right margin of a populated AF Form 1206 is both accepted and expected; white space will not be an indicator of quality. German courts have enforced the GPL. The U.S. Court of Appeals for the Federal Circuits 2008 ruling on Jacobsen v. Katzer made it clear that OSS licenses are enforceable, even if money is not exchanged. Senior leaders across DoD see bridging the tactical edge and embedding resilience to scale as key issues moving forward. If it is possible to meet the conditions of all relevant licenses simultaneously, then those licenses are compatible. This legal analysis must determine if it is possible to meet the conditions of all relevant licenses simultaneously. Q: Is there a standard marking for software where the government has unlimited rights? Thus, the government may receive custom-developed, non-commercial software as a deliverable and receive unlimited rights for that new code, but also acquire only commercial rights to the third-party (possibly OSS) components. By U.S. Cybercom Command Public Affairs | Aug. 12, 2022. 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. Q: What license should the government or contractor choose/select when releasing open source software? A protective license protects the software from becoming proprietary, and instead enforces a share and share alike approach between parties. (Free in Free software refers to freedom, not price.) Running shoes. You must release it without any copyright protection (e.g., as not subject to copyright protection in the United States) if you release it at all and if it was developed wholly by US government employee(s) as part of their official duties. 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. 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. The Authorized Equipment List (AEL) is a list of approved equipment types allowed under FEMA's preparedness grant programs. The Free Software Foundation (FSF) interprets linking a GPL program with another program as creating a derivative work, and thus imposing this license term in such cases. Tech must enable mission success. These licenses include the MIT license, revised BSD license (and its 2-clause variant), the Apache 2.0 license, the GNU Lesser General Public License (LGPL) versions 2.1 or 3, and the GNU General Public License (GPL) versions 2 or 3. 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.) The Defense Innovation Unit (DIU) is a . Q: Does the DoD use OSS for security functions? 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. 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). No, DoD policy does not require you to have commercial support for OSS, but you must have some plan for support. Direct deposit form. 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. Q: Can government employees contribute code to open source software projects? U.S. courts have determined that the GPL does not violate anti-trust laws. This formal training is supplemented by extensive on-the-job training and accumulated hands on experience gained throughout the Service member's career. 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. Q: How can I find open source software that meets my specific needs? This eliminates future incompatibility and encourages future contributions by others. Thankfully, such analyses has already been performed on the common OSS licenses, which tend to be mutually compatible. This has never been true, and explaining this takes little time. In most cases, yes. 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). Such source code may not be adequate to cost-effectively. 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. Q: How can I avoid failure to comply with an OSS license? See the licenses listed in the FAQ question What are the major types of open source software licenses?. In either case, it is important to understand that GOSS is typically not OSS, though GOSS may be a stepping stone towards later OSS release. 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). Unfortunately, this typically trades off flexibility; the government does not have the right to modify the software, so it cannot fix serious security problems, add arbitrary improvements, or make the software work on platforms of its choosing. This control enhancement is based in the need for some way to update software to fix problems after they are discovered. The Linux kernel project requires that a person proposing a change add a Signed-off-by tag, attesting that the patch, to the best of his or her knowledge, can legally be merged into the mainline and distributed under the terms of (the license).. Once software exists, all costs are due to maintenance and support of software. Services that are intended and agreed to be gratuitous do not conflict with this statute. Developers/reviewers need security knowledge. Instead, users who are careful to use open standards can easily switch to a different implementation, including an OSS implementation. The release of the software may be restricted by the International Traffic in Arms Regulation or Export Administration Regulation. This can be a cause of confusion, because without any markings, a recipient is often unaware that the government has unlimited rights to it, and if the government does not know it has certain rights, it becomes difficult for the government to exercise its rights. 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. 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. However, there are advantages to registering a trademark, especially for enforcement. These lists apply to all NSA/CSS elements, contractors, and personnel, and pertains to all IS storage devices that they use. Parties are innocent until proven guilty, so if there. Problems must be fixed. There are other ways to reduce the risk of software patent infringement (in the U.S.) as well: Yes, both entirely new programs and improvements of existing OSS have been developed using U.S. government funds. 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). Where it is important, examining the security posture of the supplier (the OSS project) and scanning/testing/evaluating the software may also be wise. DOD Mobile Apps Gallery - U.S. Department of Defense how to ensure the interoperability of systems; how to build systems that are manageable. 75 Years of Dedicated Service. The Government has the rights to reproduce and release the item, and to authorize others to do so. Q: How can I get support for OSS that already exists? Q: Do choice of venue clauses automatically disqualify OSS licences? It can sometimes be a challenge to find a good name. Look at the Numbers! Note also that merely being developed for the government is no guarantee that there is no malicious embedded code. Ipamorelin. 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. It is usually far better to stick to licenses that have already gone through legal review and are widely used in the commercial world. 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? Can the DoD used GPL-licensed software? (See next question. This General Service Administration (GSA . Air Force - (618)-229-6976, DSN 779. PDF Community College of the Air forCe - Air University 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. In many cases, yes, but this depends on the specific contract and circumstances. It may be illegal to modify proprietary software, but that will normally not slow an attacker. (Such terms might include open source software, but could also include other software). Lawmakers also approved the divestment of 13 . Open source software licenses grant more rights than proprietary software licenses, but they are still conditional licenses that require the user to obey certain terms. Thus, public domain software provides recipients all of the rights that open source software must provide. 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. Once an invention is released to the public, the inventor has only one year to file for a patent, so any new ideas in some software must have a patent filed within one year by that inventor, or (in theory) they cannot be patented. A trademark is a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.. This is not a copyright license, it is the absence of a license. However, sometimes OGOTS/GOSS software is later released as 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). 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. Salesforce Government Cloud takes advantage of the same cloud-based CRM technology that has made Salesforce a household name among businesses large and small. Marines - (703) 432-1134, DSN 378. Others can obtain permission to use a copyrighted work by obtaining a license from the copyright holder. Proprietary COTS is especially appropriate when there is an existing proprietary COTS product that meets the need. For advice about a specific situation, however, consult with legal counsel. A GPLed program can run on top of a classified/proprietary platform when the platform is a separate System Library (as defined in GPL version 3). 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. Video conferencing platforms Zoom and Microsoft Teams are both FedRamp approved, but while Zoom offers end-to-end encryption, Microsoft Teams does not, according to the National Security Agency . 2021.04.30 2023.04.30 Apple Inc. Apple FileVault 2 on T2 systems running macOS Catalina 10.15: 11078 . The MITRE study did identify some of many OSS programs that the DoD is already using, and may prove helpful. Home USCYBERCOM 2019 Approved Software Developers and Transmitters (PDF 51.18 KB) Updated April 15, 2020. 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. No. U.S. government contractors (including those in the DoD) are often indemnified from patent infringement by the U.S. government as part of their contract. 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. It costs essentially nothing to download a file. Certified Products : New CC Portal Before approving the use of software (including OSS), system/program managers, and ultimately Designated Approving Authorities (DAAs), must ensure that the plan for software support (e.g., commercial or Government program office support) is adequate for mission need. Note that Government program office support is specifically identified as a possibly-appropriate approach. There is no DoD policy forbidding or limiting the use of software licensed under the GNU General Public License (GPL). 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. 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. This regulation only applies to the US Army, but may be a useful reference for others. 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. 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. If you know of an existing proprietary product meets your needs, searching for its name plus open source source may help. What is its relationship to OSS? 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. Do you have the materials (e.g., source code) and are all materials properly marked? These formats may, but need not, be the same. 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. The government can typically release software as open source software once it has unlimited rights to the software. FROM: HQ AFSPC/A6 . An example of such software is Expect, which was developed and released by NIST as public domain software. 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. The following organizations examine licenses; licenses should pass at least the first two industry review processes, and preferably all of them, else they have a greatly heightened risk of not being an open source software license: In practice, nearly all open source software is released under one of a very few licenses that are known to meet this definition. There are many alternative clauses in the FAR and DFARS, and specific contracts can (and often do) have different specific agreements on who has which rights to software developed under a government contract. OSS programs can typically be simply downloaded and tried out, making it much easier for people to try it out and encouraging widespread use. These prevent the software component (often a software library) from becoming proprietary, yet permit it to be part of a larger proprietary program. Only some developers are allowed to modify the trusted repository directly: the trusted developers. CJC-1295 DAC. Office of the Chief Software Officer, U.S Air Force Yes; Why Open Source Software / Free Software (OSS/FS, FLOSS, or FOSS)? Maximize portability, and avoid requiring proprietary languages/libraries unnecessarily. It also provides the latest updates and changes to policy from Air Force senior leadership and the Uniform Board. Zoom or Not? NSA Offers Agencies Guidance for Choosing - Nextgov Wikipedias Comparison of OSS hosting facilities page may be helpful in identifying existing hosting facilities, as well as some of their pros and cons. Feb. 4, 2022 |. The 2003 MITRE study, Use of Free and Open Source Software (FOSS) in the U.S. Department of Defense, did suggest developing a Generally Recognized As Safe (GRAS) list, but such a list has not been developed. The owner of the mark exercises control over the use of the mark; however, because the sole purpose of a certification mark is to indicate that certain standards have been met, use of the mark is by others., You dont have to register a trademark to have a trademark. Using industry OSS project hosting services makes it easier to collaborate with other parties outside the U.S. DoD or U.S. government. These cases were eventually settled by the parties, but not before certain claims regarding the GPLv2 were decided. If some portion of the software is protected by copyright, then the combined software work can be released under a copyright license. Terms that people have used include source available software, open-box software, visible-source software, and disclosed-source software. REFERENCES: (a) AFI 33-210, "Air Force Certification and Accreditation (C&A) DoDIN APL is managed by the APCO | disa.meade.ie.list.approved-products-certification-office@mail.mil. If there are reviewers from many different backgrounds (e.g., different countries), this can also reduce certain risks. Q: Is open source software the same as open systems/open standards? Conversely, if it widely-used, has many developers, and so on, the likelihood of review increases. The real challenge is one of education - some developers incorrectly believe that just because something is free to download, it can be merged or changed without restriction. SUBJECT: Software Applications Approval Process . For additional information please contact: disa.meade.ie.list.approved-products-certification-office@mail.mil. The DoD Antivirus Software License Agreement with McAfee allows active DoD employees to utilize the antivirus software for home use. (See also Publicly Releasing Open Source Software Developed for the U.S. Government by Dr.David A. Wheeler, DoD Software Tech News, February 2011.). Q: Is there a large risk that widely-used OSS unlawfully includes proprietary software (in violation of copyright)? The cases are too complicated to summarize here, other than to say that the GPLv2 was clearly regarded as enforceable by the courts. 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. Cisco solutions for department of defense DoD - Cisco Clarence Carpenter. This is in part because such a ban would prevent DoD groups from using the same analysis and network intrusion applications that hostile groups could use to stage cyberattacks. Any reproduction of this computer software, or portions thereof, marked with this legend must also reproduce these markings.. Yes, extensively. There are substantial benefits, including economic benefits, to the creation and distribution of copyrighted works under public licenses that range far beyond traditional license royalties The choice to exact consideration in the form of compliance with the open source requirements of disclosure and explanation of changes, rather than as a dollar-denominated fee, is entitled to no less legal recognition. Adtek Acculoads. Two-day supply of clothing. Choosing between the various options - particularly between permissive, weakly protective, and strongly protective options - is perhaps the most difficult, because this selection depends on your goals, and there are many opinions on which licenses are most appropriate for different circumstances. This should not be surprising; the DoD uses OSS extensively, and the GPL is the most popular OSS license. In practice, OSS projects tend to be remarkably clean of such issues. One way to deal with potential export control issues is to make this request in the same way as approving public release of other data/documentation. Conversely, where source code is hidden from the public, attackers can attack the software anyway as described above. 1.1.4. Similarly, SourceForge/Apache (in 2001) and Debian (in 2003) countered external attacks. Classified information may not be released to the public without special authorization to do so. 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. For example, the LGPL permits the covered software (usually a library) to be embedded in a larger work under many different licenses (including proprietary licenses), subject to certain conditions. 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. Since both terms are in use, the rest of this document will use the term OGOTS/GOSS. Widely-used programs include the Apache web server, Firefox web browser, Linux kernel, and many other programs. Part of the ADA, Pub.L. Observing the output from inputs is often sufficient for attack. However, software written entirely by federal government employees as part of their official duties can be released as public domain software. Government employees may also modify existing open source software. To manage the acquisition, development, and integration of Cybersecurity Tools and Methods for securing the Defense Information Infrastructure. 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. The. It would also remove the uniquely (OSS) ability to change infrastructure source code rapidly in response to new modes of cyberattack. So if the program is being used and not modified (a very common case), this additional term has no impact. When considering any software (OSS or proprietary), look for evidence that the risk of unlawful release is low. 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. Requiring that all developers be cleared first can reduce certain risks (at substantial costs), where necessary, but even then there is no guarantee. 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. AOD-9604. 2019 Approvals. As noted in Technical Data and Computer Software: A Guide to Rights and Responsibilities Under Federal Contracts, Grants and Cooperative Agreements by the Council on Governmental Relations (COGR), This unlimited license enables the government to act on its own behalf and to authorize others to do the same things that it can do, thus giving the government essentially the same rights as the copyright owner. In short, once the government has unlimited rights, it has essentially the same rights as a copyright holder, and can then use those rights to release that software under a variety of conditions (including an open source software license), because it has the use and modify the software at will, and has the right to authorize others to do so. Enables families, visitors and the public to locate gravesites, events or other points of interest throughout the cemetery. The DoD has chosen to use the term open source software (OSS) in its official policy documents. In particular, it found that DoD security depends on (OSS) applications and strategies, and that a hypothetic ban would have immediate, broad, and in some cases strongly negative impacts on the ability of the DoD to analyze and protect its own networks against hostile intrusion. Note that this sometimes depends on how the program is used or modified. Typically this will include source code version management system, a mailing list, and an issue tracker. It is far better to fix vulnerabilities before deployment - are such efforts occuring? The program available to the public may improve over time, through contributions not paid for by the U.S. government. Units. At the subsequent meeting of the Inter-Allied Council . Even where there is GOTS/classified software, such software is typically only a portion of the entire system, with other components implemented through COTS components. The intended audience of this tool is emergency managers, first responders, and other homeland security professionals. Q: Isnt OSS developed primarily by inexperienced students? However, if the covered software/library is itself modified, then additional conditions are imposed. Some protocols and formats have been specifically devised and reviewed to avoid patents; using them is more likely to avoid problems. ensure that security is designed in from the start and not tacked on as an after thought.