Increasing defensibility, a complete audit log captures all actions taken on documents for a flawless history of recordsfrom cradle to grave. Specifically, the federal governments IA controls, as documented in NIST SP 800-53 revision 5 includes a control enhancement, CM-7(8). 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). Q: In what form should I release open source software? 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. No. By definition, OSS software permits arbitrary use of the software, and allows users to re-distribute the software to others. OGOTS/GOSS software is often not OSS; software is only OSS if it meets the definition of OSS. 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). It points to various studies related to market share, reliability, performance, scalability, security, and total cost of ownership. Can the DoD used GPL-licensed software? The government can typically release software as open source software once it has unlimited rights to the software. Q: What license should the government or contractor choose/select when releasing open source software? As with all commercial items, organizations must obey the terms of the commercial license, negotiate a different license if necessary, or not use the commercial item. DISA is mandated to support and sustain the DoD Cyber Exchange (formerly the Information Assurance Support Environment (IASE)) as directed by DoDI 8500.01 and DODD 8140.01. 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. 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. 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. However, such malicious code cannot be directly inserted by just anyone into a well-established OSS project. This way, the software can be incorporated in the existing project, saving time and money in support. The GTG-F is a collection of web-based applications supporting the continuing evolution of the Department of Defense (DoD) Information Technology Standards. 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. Complicating the task further is the wide breadth of regulations that each require their own measures for compliance. The information on this page does not constitute legal advice and any legal questions relating to specific situations should be referred to legal counsel. Some have found that community support can be very helpful. If the contractor was required to transfer copyright to the government for works produced under contract (e.g., because the FAR 52.227-17 or DFARS 252.227-7020 clauses apply to it), then the government can release the software as open source software, because the government owns the copyright. Downgrading classification levels and version controlling based on classification. To do this, DOD will continue to move data to . OSS options should be evaluated in principle the same way you would evaluate any option, considering need, cost, and so on. DISA is mandated to support and sustain the DoD Cyber Exchange . In addition, an attacker can often acquire the original source code from suppliers anyway (either because the supplier voluntarily provides it, or via attacks against the supplier); in such cases, if only the attacker has the source code, the attacker ends up with another advantage. 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. 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. 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. 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. Unlike proprietary COTS, GOTS has the advantage that the government has the right to change the software whenever the government chooses to do so. Examine if it is truly community-developed - or if there are only a very few developers. However, this approach should not be taken lightly. Yes, extensively. Navy 1-877-418-6824 Chief Information Officer > Library - U.S. Department of Defense Indeed, many people have released proprietary code that is malicious. Security Developers creating. 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. 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. See also DFARS subpart 227.70infringement claims, licenses, and assignments and 28 USC 1498. Thus, Open Source Intelligence (OSINT) is form of intelligence collection management that involves finding, selecting, and acquiring information from publicly available sources and analyzing it to produce actionable intelligence. First, get approval to publicly release the software. With the updated baseline certification, ZL Tech will continue to be able to help government and private organizations store their data as per the regulations set by DoD. 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. For example, trademarks and certification marks can be used to differentiate one version of OSS from others, e.g., to designate certain releases as an official version. External Resources - DoD Cyber Exchange Q: Is this related to open source intelligence? This memorandum only applies to Navy and Marine Corps commands, but may be a useful reference for others. 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. The GPL and government unlimited rights terms have similar goals, but differ in details. Those who develop policies, strategies, plans, rules, doctrine, and assessments etc. German courts have enforced the GPL. Thus, if a defendant can show the plaintiff had unclean hands, the plaintiffs complaint will be dismissed or the plaintiff will be denied judgment. So if the government releases software as OSS, and a malicious developer performs actions in violation of that license, then the governments courts might choose to not enforce any of that malicious developers intellectual rights to that result. In some cases, there are nationally strategic reasons the software should not be released to the public (e.g., it is classified). Goal 3: Transform Processes to Enable Resilience and Speed. 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: Is there a large risk that widely-used OSS unlawfully includes proprietary software (in violation of copyright)? Since both terms are in use, the rest of this document will use the term OGOTS/GOSS. Instead, the ADA prohibits government employees from accepting services that are not intended or agreed to be gratuitous, but were instead rendered in the hope that Congress will subsequently recognize a moral obligation to pay for the benefits conferred. Others do not like the term GOSS, because GOSS is not actually OSS, and they believe the term can be misleading. 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. Most OSS projects have a trusted repository, that is, some (web) location where people can get the official version of the program, as well as related information (documentation, bug report system, mailing lists, etc.). Only some developers are allowed to modify the trusted repository directly: the trusted developers. No. Follow their code on GitHub. DoDI 8510.01, Risk Management Framework (RMF) for DoD Systems. This can make it difficult to attach an open source license to our code. Most commercial software (including OSS) is not designed for such purposes. Review really does happen. Similarly, SourceForge/Apache (in 2001) and Debian (in 2003) countered external attacks. when it implements novel functionality which is not already available to the public, and which significantly improves DoD mission outcomes or business processes. Certain FAR clause alternatives (such as FAR 52.227-17) require the contractor to assign the copyright to the government. If there are reviewers from many different backgrounds (e.g., different countries), this can also reduce certain risks. These resources are provided to enable the user to comply with rules, regulations, best practices and federal laws. Obviously, software that does not meet the U.S. governments definition of commercial computer software is not considered commercial software by the U.S. governments acquisition processes. However, software written entirely by federal government employees as part of their official duties can be released as public domain software. Q: What are indicators that a specific OSS program will have fewer unintentional vulnerabilities? If the government modifies existing OSS, but fails to release those improvements back to the main OSS project, it risks: Similarly, if the government develops new software but does not release it as OSS, it risks: Clearly, classified software cannot be released back to the public as open source software. should first access . Note that many of the largest commercially-supported OSS projects have their own sites. 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.) Get unparalleled control over files, reduce enterprise ROT, and shed light on dark data. Q: Is a lot of pre-existing open source software available? In conjunction with the upcoming December 12-15, 2022 DoD Maintenance Symposium, wanted to share information about the December 13-14, 2022 DoD Weapon Systems Software Summit, as well as a December 15, 2022 " Software Summit: An Intense Introduction to Agile: A DoD Perspective " tutorial. Determine if there will be a government-paid lead. 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. Q: How does open source software work with open systems/open standards? Most projects prefer to receive a set of smaller changes, so that they can review each change for correctness. In addition, widely-used licenses and OSS projects often include additional mechanisms to counter this risk. Public definitions include those of the European Interoperability Framework (EIF), the Digistan definition of open standard (based on the EIF), and Bruce Perens Open Standards: Principles and Practice. Q: Do choice of venue clauses automatically disqualify OSS licences? Q: Is there a large risk to DoD contractors that widely-used OSS violates enforceable software patents? 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. These included the Linux kernel, the gcc compilation suite (including the GNAT Ada compiler), the OpenOffice.org office suite, the emacs text editor, the Nmap network scanner, OpenSSH and OpenSSH for encryption, and Samba for Unix/Linux/Windows interoperability. Q: Under what conditions can GPL-licensed software be mixed with proprietary/classified software? The Department of Defense (DoD) Software Modernization Strategy was approved Feb. 1. If the supplier attains a monopoly or it is difficult to switch from the supplier, the costs may skyrocket. An Open System is a system that employs modular design, uses widely supported and consensus based standards for its key interfaces, and has been subjected to successful V&V tests to ensure the openness of its key interfaces (per the DoD Open Systems Joint Task Force). DoD Announces the Launch of "Code.mil," an Experiment in Open Source The red book section 6.C.3.b explains this prohibition in more detail. Thus, public domain software provides recipients all of the rights that open source software must provide. Do you have the materials (e.g., source code) and are all materials properly marked? This greatly reduces contractors risks, enabling them to get work done (given this complex environment). For example, the Government has public release rights when the software is developed by Government personnel, when the Government receives unlimited rights in software developed by a contractor at Government expense, or when pre-existing OSS is modified by or for the Government. ), various options of CI/CD stacks, SCSS, and all our containers. This statute says that, An officer or employee of the United States Government or of the District of Columbia government may not accept voluntary services for either government or employ personal services exceeding that authorized by law except for emergencies involving the safety of human life or the protection of property., The US Government Accountability Office (GAO) Office of the General Counsels Principles of Federal Appropriations Law (aka the Red Book) explains federal appropriation law. No; this is a low-probability risk for widely-used OSS programs. However, using a support vendor is not the only approach or the best approach in all cases; system/program managers and DAAs must look at the specific situation to make a determination. Relevant government authorities make it clear that the Antideficiency Act (ADA) does not generally prohibit the use of OSS due to limitations on voluntary services. 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. U.S. Department of Defense Such mixing can sometimes only occur when certain kinds of separation are maintained - and thus this can become a design issue. For more information, see the. Classified software should already be marked as such, of course. This risk is mitigated by reviewing software (in particular, for classification and export control issues) before public release. The use of commercial products is generally encouraged, and when there are commercial products, the government expects that it will normally use whatever license is offered to the public. Q: Am I required to have commercial support for OSS? Yes. As noted in FAR 27.201-1, Pursuant to 28 U.S.C. Air Force (618)-229-6976, DSN 779 Again, if this is the case, then the contractor cannot release the software as OSS without permission, because the contractor doesnt own the copyright. Using industry OSS project hosting services makes it easier to collaborate with other parties outside the U.S. DoD or U.S. government. Open source software that has at least one non-governmental use, and is licensed to the public, is commercial software. 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. The MITRE study did identify some of many OSS programs that the DoD is already using, and may prove helpful. 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).. In particular, U.S. law (10 USC 2377) requires a preference for commercial products for procurement of supplies or services. 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. 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.. With practically no exceptions, successful open standards for software have OSS implementations. Commercial software (including OSS) that has widespread use often has lower risk, since there are often good reasons for its widespread use. Using a made-up word that has no Google hits is often a good start, but again, see the PTO site for more information. Others can obtain permission to use a copyrighted work by obtaining a license from the copyright holder. Such source code may not be adequate to cost-effectively. 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 enables cost-sharing between users, as with proprietary development models. NIPRNet: https://cecom.sw.csd.disa.mil SIPRNet: https://cecom.sw.csd.disa.smil.mil U.S. ARMY What ever happened to the Defense Software Reuse System (DSRS)? U.S. Dept of Defense has 54 repositories available. DOD Terminology Program - Joint Chiefs of Staff In particular, will it be directly linked with proprietary or classified code? 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. Terms that people have used include source available software, open-box software, visible-source software, and disclosed-source software. These formats may, but need not, be the same. Date of license agreement 4. A protective license protects the software from becoming proprietary, and instead enforces a share and share alike approach between parties. Q: Are non-commercial software, freeware, or shareware the same thing as open source software? These prevent the software component (often a software library) from becoming proprietary, yet permit it to be part of a larger proprietary program. is a survey paper that provides quantitative data that, in many cases, using open source software / free software (abbreviated as OSS/FS, FLOSS, or FOSS) is a reasonable or even superior approach to using their proprietary competition according to various measures.. (its) goal is to show that you should consider using OSS/FS when acquiring software. Q: How should I create an open source software project? 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. Note that enforcing such separation has many other advantages as well. Unlike most software projects, code written by U.S. Federal government employees typically does not have copyright protections under U.S. and some international laws. Note that Creative Commons does not recommend that you use one of their licenses for software; they encourage using one of the existing OSS licenses which were designed specifically for use with software. DoD Federal Services - Iron Bank | Oteemo These services must be genuinely generic in the sense that the applications that use them must not depend on the detailed design of the GPL software to work. Software that meets very high reliability/security requirements, aka high assurance software, must be specially designed to meet such requirements. 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. The DISR Baseline lists IT Standards that are mandated for use in the DoD Acquisition process. The release may also be limited by patent and trademark law. Army - (703) 602-7420, DSN 332 Navy - 1-877-418-6824 Air Force - (618)-229-6976, DSN 779 Marines - (703) 432-1134, DSN 378 DISA Tools Mission Statement To manage the acquisition, development, and integration of Cybersecurity Tools and Methods for securing the Defense Information Infrastructure. . Classified Certification ensures that the software has functionalities to handle the added risk of managing highly classified documents. It noted that a copyright holder may dedicate a certain work to free public use and yet enforce an open source copyright license to control the future distribution and modification of that work Open source licensing has become a widely used method of creative collaboration that serves to advance the arts and sciences in a manner and at a pace that few could have imagined just a few decades ago Traditionally, copyright owners sold their copyrighted material in exchange for money. 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