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REFERENCES: (a) AFI 33-210, "Air Force Certification and Accreditation (C&A) The project manager, program manager, or other comparable official determines that it is in the Governments interest to do so, such as through the expectation of future enhancements by others. This is often done when the deliverable is a software application; instead of including commercially-available components such as the operating system or database system as part of the deliverable, the deliverable could simply state what it requires. Community OSS support is never enough by itself to provide this support, because the OSS community cannot patch your servers or workstations for you. 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. However, this approach should not be taken lightly. See the licenses listed in the FAQ question What are the major types of open source software licenses?. In many cases, yes, but this depends on the specific contract and circumstances. . On approval, such containers are granted a "Certificate to Field" designation by the Air Force Chief Software Officer. Example: GPL and (unrelated) proprietary applications can be running at the same time on a desktop PC. There are many definitions for the term open standard. The usual DoD contract clause (DFARS 252.227-7014) permits this by default. New York ANG supports Canadian arctic exercise. Service Mixing GPL can provide generic services to other software. OTD depends on open standards and interfaces, open source software and designs, collaborative and distributed online tools, and technological agility. 75th Anniversary Article. The DoD already uses a wide variety of software licensed under the GPL. Thus, in many cases a choice of venue clause is not an insurmountable barrier to acceptance of the software delivery by the government. These prevent the software component (often a software library) from becoming proprietary, yet permit it to be part of a larger proprietary program. 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. Q: How does open source software work with open systems/open standards? Air Force ROTC is offered at over 1,100 colleges and universities in the continental United States, Puerto Rico and Hawaii. 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)). Again, these are examples, and not official endorsements of any particular product or supplier. The Air Force separated 610 Airmen for declining the once-mandated COVID-19 vaccination. Computer and electronic hardware that is designed in the same fashion as open source software (OSS) is sometimes termed open source hardware. The following questions discuss some specific cases. The 2003 MITRE study, Use of Free and Open Source Software (FOSS) in the U.S. Department of Defense, for analysis purposes, posed the hypothetical question of what would happen if OSS software were banned in the DoD, and found that OSS plays a far more critical role in the DoD than has been generally recognized (especially in) Infrastructure Support, Software Development, Security, and Research. Q: Is there any quantitative evidence that open source software can be as good as (or better than) proprietary software? 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. In Wallace vs. FSF, Judge Daniel Tinder stated that the GPL encourages, rather than discourages, free competition and the distribution of computer operating systems and found no anti-trust issues with the GPL. OSS COTS is especially appropriate when there is an existing OSS COTS product that meets the need, or one can be developed and supported by a wide range of users/co-developers. Everything just redirects to the DISA Approved Product list which only covers hardware. Otherwise, choose some existing OSS license, since all existing licenses add some legal protections from lawsuits. Thankfully, such analyses has already been performed on the common OSS licenses, which tend to be mutually compatible. 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. Examples of the former include Red Hat, Canonical, HP Enterprise, Oracle, IBM, SourceLabs, OpenLogic, and Carahsoft. 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. 37 African nations, US kickoff AACS 2023 in Senegal. What are good practices for use of OSS in a larger system? Rachel Cohen joined Air Force Times as senior reporter in March 2021. Look at the Numbers! The Government has the rights to reproduce and release the item, and to authorize others to do so. Thankfully, there are ways to reduce the risk of executing malicious code when using commercial software (both proprietary and OSS). This strengthens evaluations by focusing on technology specific security requirements. DISA FREE HOME ANTIVIRUS SOFTWARE (CAC REQ'D) STRATEGIC . 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". If it is an improvement to an existing project, release it to the main OSS project, in whatever format they prefer changes. Industry Partners / Employers. This formal training is supplemented by extensive on-the-job training and accumulated hands on experience gained throughout the Service member's career. For more information, see the. This way, the software can be incorporated in the existing project, saving time and money in support. Similarly, SourceForge/Apache (in 2001) and Debian (in 2003) countered external attacks. No, OSS is developed by a wide variety of software developers, and the average developer is quite experienced. 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). Do not mistakenly use the term non-commercial software as a synonym for open source software. The Defense Information Systems Agency maintains the DOD Information Network (DODIN) Approved Products List (APL) process, as outlined in DOD Instruction 8100.04 on behalf of the Department of Defense. 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. 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 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). Choose a license that has passed legal reviews and is clearly accepted as an OSS license. Enables families, visitors and the public to locate gravesites, events or other points of interest throughout the cemetery. FRCS projects will be required to meet RMF requirements and if required, obtain an Authorization To Operate (ATO . Others do not like the term GOSS, because GOSS is not actually OSS, and they believe the term can be misleading. The government normally gets unlimited rights in software when that software is created in the performance of a contract with government funds. Commander offers insight during Black History celebration at Oklahoma Capitol. AFCWWTS 2021 GUEST LIST Coming Soon. 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? It is difficult for software developers (OSS or not) to be confident that they have avoided software patent infringement in the United States, for a variety of reasons. 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. Careful legal review is required to determine if a given license is really an open source software license. Of them, 40 Airmen voluntarily left the service and 14 officers retired, according to Undersecretary of the Air Force Gina Ortiz Jones at a House Armed Services Committee hearing Feb. 28. Yes, extensively. This makes the expectations clear to all parties, which may be especially important as personnel change. DoDIN Approved Products List. Department of the Air Force updates policies, procedures to recruit for the future. This resource contains Facility-Related Control Systems (FRCS) guidance, reference materials, checklists and templates.The DoD has adopted the Risk Management Framework (RMF) for all Information Technology and Operational Technology networks, components and devices to include FRCS. (Free in Free software refers to freedom, not price.) 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. If it is already available to the public and is used unchanged, it is usually COTS. Q: Is there a large risk that widely-used OSS unlawfully includes proprietary software (in violation of copyright)? Static attacks (e.g., analyzing the code instead of its execution) can use pattern-matches against binaries - source code is not needed for them either. Bases. Colleges & Your Majors. (See GPL FAQ, Can I use the GPL for something other than software?.). Establish vetting process(es) before government will use updated versions (testing, etc.). Q: What is the legal basis of OSS licenses? OSS projects typically seek financial gain in the form of improvements. OGOTS/GOSS software is often not OSS; software is only OSS if it meets the definition of OSS. OSS options should be evaluated in principle the same way you would evaluate any option, considering need, cost, and so on. 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. So, while open systems/open standards are different from open source software, they are complementary and can work well together. 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. Air Force football finishes signing class with 28 three-star recruits, most in Mountain West. If you claim rights to use a mark, you may simply use the TM (trademark) or SM (service mark) designation to alert the public to your claim of ownership of the mark. The world's number-one enterprise cloud gives the DoD the power to capture, analyze, and retrieve important information quickly . The regulation is available at. In addition, widely-used licenses and OSS projects often include additional mechanisms to counter this risk. Is it COTS? Lawmakers also approved the divestment of 13 . 75 Years of Dedicated Service. Here is an explanation of these categories, along with common licenses used in each category (see The Free-Libre / Open Source Software (FLOSS) License Slide): In general, legal analysis is required to determine if multiple programs, covered by different OSS licenses, can be legally combined into a single larger work. This does not mean that the DoD will reject using proprietary COTS products. Software might not infringe on a patent when it was released, yet the same software may later infringe on a patent if the patent was granted after the softwares release. When considering any software (OSS or proprietary), look for evidence that the risk of unlawful release is low. 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). Intellipedia is implemented using MediaWiki, the open source software developed to implement Wikipedia. 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. Around the Air Force: Accelerating the Legacy, Expanding Cyber Resiliency, Poppy Seed Warning. Review really does happen. This is particularly the case where future modifications by the U.S. government may be necessary, since OSS by definition permits modification. 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). 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. Questions about why the government - who represents the people - is not releasing software (that the people paid for) back to the people. In addition, a third party who breaches a software license (including for OSS) granted by the government risks losing rights they would normally have due to the doctrine of unclean hands. Use a widely-used existing license. In effect, the malicious developer could lose many or all rights over their license-violating result, even rights they would normally have had! Developers/reviewers need security knowledge. As an aid, the Open Source Initiative (OSI) maintains a list of Licenses that are popular and widely used or with strong communities. As with all commercial items, the DoD must comply with the items license when using the item. 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. Yes, in general. However, it must be noted that the OSS model is much more reflective of the actual costs borne by development organizations. In particular, U.S. law (10 USC 2377) requires a preference for commercial products for procurement of supplies or services. 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. For the DoD, the risks of failing to consider the use of OSS where appropriate are of increased cost, increased schedule, and/or reduced performance (including reduced innovation or security) to the DoD due to the failure to use the commercial software that best meets the needs (when that is the case). Whether or not this was intentional, it certainly had the same form as a malicious back door. Choose a license that best meets your goals. Adobe Acrobat Reader software is copyrighted software which gives users instant access to documents in their original form, independent of computer platform. 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. If the supplier attains a monopoly or it is difficult to switch from the supplier, the costs may skyrocket. Q: Is this related to open source intelligence? No. 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. Yes, both the government and contractors may obtain and use trademarks, service marks, and/or certification marks for software, including OSS. In particular, will it be directly linked with proprietary or classified code? GOTS software should not be released when it implements a strategic innovation, i.e. Certification Report Security Target. 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. A copyright holder who releases creative works under one of the Creative Common licenses that permit commercial use and modifications would be using an OSS-like approach for such works. 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. The GNU General Public License (GPL) is the most common OSS license; while you do not need to use the GPL, it is often unwise to choose a license incompatible with the majority of OSS. 2021.04.30 2023.04.30 Apple Inc. Apple FileVault 2 on T2 systems running macOS Catalina 10.15: 11078 . 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. In addition, since the source code is publicly released, anyone can review it, including for the possibility of malicious code. This regulation only applies to the US Army, but may be a useful reference for others. 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. In some cases access is limited to portions of the government instead of the entire government. Adtek Acculoads. 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). Any reproduction of this computer software, or portions thereof, marked with this legend must also reproduce these markings..