These lists apply to all NSA/CSS elements, contractors, and personnel, and pertains to all IS storage devices that they use. This is not merely theoretical; in 2003 the Linux kernel development process resisted an attack. For example, users of proprietary software must typically pay for a license to use a copy or copies. If that competitors use of OSS results in an advantage to the DoD (such as lower cost, faster schedule, increased performance, or other factors such as increased flexibility), contractors should expect that the DoD will choose the better bid. Q: Is there a large risk that widely-used OSS unlawfully includes proprietary software (in violation of copyright)? 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)).". Factors that greatly reduce this risk include: Typically not, though the risk varies depending on their contract and specific circumstance. Do you have the necessary copyright-related rights? Basic Training Packing List for Each Military Branch This does not mean that existing OSS elements should always be chosen, but it means that they must be considered. Often there is a single integrating organization, while other organizations inside the government submit proposed changes to the integrator. When examining a specific OSS project, look for evidence that review (both by humans and tools) does take place. The good news is that, by definition, OSS provides its source code, enabling a more informed evaluation than is typically available for other kinds of COTS products. References to specific products or organizations are for information only, and do not constitute an endorsement of the product/company. The Customs and Border Protection (CBP) has said, in an advisory ruling, that the country of origin of software is the place where the software is converted into object code (Software comes from the place where its converted into object code, says CBP, FierceGovernmentIT), for purposes of granting waivers of certain Buy American restrictions in U.S. law or practice or products offered for sale to the U.S. Government.. Bruce Perens noted back in 1999, Do not write a new license if it is possible to use (a common existing license) The propagation of many different and incompatible licenses works to the detriment of Open Source software because fragments of one program cannot be used in another program with an incompatible license. Many view OSS license proliferation as a problem; Serdar Yegulalps 2008 Open Source Licensing Implosion (InformationWeek) noted that not only are there too many OSS licenses, but that the consequences for blithely creating new ones are finally becoming concrete the vast majority of open source products out there use a small handful of licenses Now that open source is becoming (gasp) a mainstream phenomenon, using one of the less-common licenses or coming up with one of your own works against you more often than not. DEPARTMENT OF THE AIR FORCE HEADQUARTERS AIR FORCE SPACE COMMAND . 16th Air Force > Home - AF "Delivering a more lethal force requires the ability to evolve faster and be more adaptable . It is usually far better to stick to licenses that have already gone through legal review and are widely used in the commercial world. Also, since there are a limited number of users, there is limited opportunity to gain from user innovation - which again can lead to obsolescence. By August 1941, American president Franklin Roosevelt and British prime minister Winston Churchill had drafted the Atlantic Charter to define goals for the post-war world. Thankfully, there are ways to reduce the risk of executing malicious code when using commercial software (both proprietary and OSS). This isnt usually an issue because of how typical DoD contract clauses work under the DFARS. The usual DoD contract clause (DFARS 252.227-7014) permits this by default. "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.". U.S. courts have determined that the GPL does not violate anti-trust laws. Where possible, it may be better to divide such components into smaller components in a way that avoids this issue. No, OSS is developed by a wide variety of software developers, and the average developer is quite experienced. Part of the ADA, Pub.L. This is the tightest form of mixing possible with GPL and other types of software, but it must be used with care to ensure that the GPL software remains generic and is not tightly bound to any one proprietary software component. For example, software that is released to the public as OSS is not considered commercial if it is a type of software that is only used for governmental purposes. Numbered Air Forces. This control enhancement is based in the need for some way to update software to fix problems after they are discovered. Q: What license should the government or contractor choose/select when releasing open source software? Using industry OSS project hosting services makes it easier to collaborate with other parties outside the U.S. DoD or U.S. government. 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. CJC-1295 DAC. Commercial software (including OSS) that has widespread use often has lower risk, since there are often good reasons for its widespread use. Example: GPL and (unrelated) proprietary applications can be running at the same time on a desktop PC. Use typical OSS infrastructure, tools, etc. 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. 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. ), the . Use a common OSS license well-known to be OSS (GPL, LGPL, MIT/X, BSD-new, Apache 2.0) dont write your own license. In many cases, yes, but this depends on the specific contract and circumstances. DISA Tools Mission Statement. 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. Open standards also make it easier for OSS developers to create their projects, because the standard itself helps developers know what to do. Control enhancement CM-7(8) states that an organization must prohibit the use of binary or machine-executable code from sources with limited or no warranty or without the provision of source code. An example is (connecting) a GPL utility to a proprietary software component by using the Unix pipe mechanism, which allows one-way flow of data to move between software components. AFCWWTS 2021 BREAKOUT SESSION Coming Soon. Others can obtain permission to use a copyrighted work by obtaining a license from the copyright holder. 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. Such source code may not be adequate to cost-effectively. 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). Permissive: These licenses permit the software to become proprietary (i.e., not OSS). Most projects prefer to receive a set of smaller changes, so that they can review each change for correctness. .. 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. Bases. 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). AOD-9604. Section 6.C.3.a notes that the voluntary services provision is not new; it first appeared, in almost identical form, back in 1884. https://www.disa.mil/network-services/ucco, The DoD Cyber Exchange is sponsored by OSS projects typically seek financial gain in the form of improvements. The. PDF By Order of The Commander, United U.s. Air Forces Central States Air However, this cost-sharing is done in a rather different way than in proprietary development. As far as I have heard, unless you are a programmer then you aren't getting any actual development software. Yes; Why Open Source Software / Free Software (OSS/FS, FLOSS, or FOSS)? 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). We also provide some thoughts concerning compliance and risk mitigation in this challenging environment. The certification affirms that the Air Force OTI is authorized to use ASTi's products, which now appear in the OTI Evaluated/Approved Products List (OTI E/APL). 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. Q: Is a lot of pre-existing open source software available? Enforcing the GNU GPL by Eben Moglen is a brief essay that argues why the GNU General Public License (GPL), specifically, is enforceable. The release of the software may be restricted by the International Traffic in Arms Regulation or Export Administration Regulation. Instead, users who are careful to use open standards can easily switch to a different implementation, including an OSS implementation. 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. Running shoes. It is far better to fix vulnerabilities before deployment - are such efforts occuring? Many prefer unified diff patches, generated by diff -u or similar commands. These cases were eventually settled by the parties, but not before certain claims regarding the GPLv2 were decided. 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. 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). Software developed by US federal government employees (including military personnel) as part of their official duties is not subject to copyright protection in the US (see 17 USC 105). The United States Air Force operates a service called "Iron Bank", which is the DoD Enterprise repository of hardened software containers, many of which are based on open source products. Q: Where can I release open source software that are new projects to the public? FRCS projects will be required to meet RMF requirements and if required, obtain an Authorization To Operate (ATO . a license) from the copyright holder(s) before they can obtain a copy of software to run on their system(s). The FAR and DFARS do not currently mandate any specific marking for software where the government has unlimited rights. Air Force - (618)-229-6976, DSN 779. Currently there is no APL Memo available for this Tracking Number. 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. Document the projects purpose, scope, and major decisions - users must be able to quickly determine if this project might meet their needs. Establish project website. 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. 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. 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. Thus, components that have the potential to (eventually) support many users are more likely to succeed. There are valid business reasons, unrelated to security, that may lead a commercial company selling proprietary software to choose to hide source code (e.g., to reduce the risk of copyright infringement or the revelation of trade secrets). Q: What are Open Government Off-the-Shelf (OGOTS) or Government OSS (GOSS)? DSOP | Office of the Chief Software Officer, U.S Air Force - AF Approved supplements are maintained by AFCENT/A1RR at afcent.a1rrshaw@afcent.af.mil. For more discussion on this topic, see the article Open Source Software Is Commercial. (US Air Force/Airman 1st Class Jacob T. Stephens) . 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. U.S. law governing federal procurement U.S. Code Title 41, Chapter 7, Section 103 defines commercial product as 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 . Her work has appeared in Air Force Magazine, Inside Defense, Inside Health Policy, the Frederick News-Post (Md. Estimating the Total Development Cost of a Linux Distribution estimates that the Fedora 9 Linux distribution, which contains over 5,000 software packages, represents about $10.8 billion of development effort in 2008 dollars. When considering any software (OSS or proprietary), look for evidence that the risk of unlawful release is low. In nearly all cases, pre-existing OSS are commercial products, and thus their use is governed by the rules for including any commercial products in the deliverable. As always, if there are questions, consult your attorney to discuss your specific situation. Q: How does open source software relate to the Buy American Act? GOTS is especially appropriate when the software must not be released to the public (e.g., it is classified) or when licenses forbid more extensive sharing (e.g., the government only has government-purpose rights to the software). Zoom or Not? NSA Offers Agencies Guidance for Choosing - Nextgov 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. Commercially-available software that is not open source software is typically called proprietary or closed source software. Establish vetting process(es) before government will use updated versions (testing, etc.). Under the current DoD contracting regime, the contractor usually retains the copyright for software developed with government funding, so in such cases the contractor (not the government) has the right to sue for copyright violation. Whats more, proprietary software release practices make it more difficult to be confident that the software does not include malicious code. Whether or not this will occur depends on factors such as the number of potential users (more potential users makes this more likely), the existence of competing OSS programs (which may out-compete the newly released component), and how difficult it is to install/use. However, if the GPL software must be mixed with other proprietary/classified software, the GPL terms must still be followed. Launch video (9:47) There are many general OSS review projects, such as those by OpenBSD and the Debian Security Audit team. The release may also be limited by patent and trademark law. Q: Is this related to open source intelligence? In particular, will it be directly linked with proprietary or classified code? Under U.S. copyright law, users must have permission (i.e. 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. After all, most proprietary software licenses explicitly forbid modifying (or even reverse-engineering) the program, so the GPL actually provides additional rights not present in most proprietary software. Classified software should already be marked as such, of course. When the software is already deployed, does the project develop and deploy fixes? Full Residential Load Calculation. What are good practices for use of OSS in a larger system? OTD includes both OSS and OGOTS/GOSS. user agreement - DCMA 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. 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. The DoD does not have a single required process for evaluating OSS. Depending on your goals, a trademark, service mark, or certification mark may be exactly what you need. This is particularly the case where future modifications by the U.S. government may be necessary, since OSS by definition permits modification. No. This has never been true, and explaining this takes little time. 40 CFR, Section 252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation defines Commercial computer software as software developed or regularly used for non-governmental purposes which: (i) Has been sold, leased, or licensed to the public; (ii) Has been offered for sale, lease, or license to the public; (iii) Has not been offered, sold, leased, or licensed to the public but will be available for commercial sale, lease, or license in time to satisfy the delivery requirements of this contract; or (iv) Satisfies a criterion expressed in paragraph (a)(1)(i), (ii), or (iii) of this clause and would require only minor modification to meet the requirements of this contract.. Six pairs of ankle socks. This can increase the number of potential users. Yes. In the Intelligence Community (IC), the term open source typically refers to overt, publicly available sources (as opposed to covert or classified sources). NIAP: Product Compliant List - NIAP-CCEVS - The award authority will establish the maximum award nomination length (number of . . All executables that is not on a base approval list will soon be blocked. Several static tool vendors support analysis of OSS (such as Coverity and Sonatype) as a way to improve their tools and gain market use. Choose a widely-used existing license; do not create a new license. The related FAR 52.227-2 (Notice and Assistance Regarding Patent and Copyright Infringement), as prescribed by FAR 27.201-2(b), requires the contractor to report to the Contracting Officer each notice or claim of patent/copyright infrigement in reasonable written detail. Yes, its possible. The following marking should be added to software source code when the government has unlimited rights due to the use of the DFARS 252.227-7014 contract: The U.S. Government has Unlimited Rights in this computer software pursuant to the clause at DFARS 252.227-7014. 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. Developers/reviewers need security knowledge. SUBJECT: Software Applications Approval Process . Recent rulings have strengthened the requirement for non-obviousness, which probably renders unenforceable some already-granted software patents, but at this time it is difficult to determine which ones are affected. If you are looking for an application that has wide use, one of the various lists of open source alternatives may help. If such software includes third-party components that were not produced in performace of that contract, the contractor is generally responsible for acquiring those components with acceptable licenses that premit the government to use that software. Even if an OTD project is not OSS itself, an OTD project will typically use, improve, or create OSS components. Since both terms are in use, the rest of this document will use the term OGOTS/GOSS.
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