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. Perhaps more importantly, by forcing there to be an implementation that others can examine in detail, resulting in better specifications that are more likely to be used. Even if OSS has no cost to download, there is still a cost for OSS due to installation, support, and so on (whether done in-house or through external organizations). Widely-used programs include the Apache web server, Firefox web browser, Linux kernel, and many other programs. Wikipedia maintains an encyclopedia using approaches similar to open source software approaches. Such mixing can sometimes only occur when certain kinds of separation are maintained - and thus this can become a design issue. A permissive license permits arbitrary use of the program, including making proprietary versions of it. 1.1.3. can be competed, and the cost of some improvements may be borne by other users of the software. Q: What are the risks of the government releasing software as OSS? Can the DoD used GPL-licensed software? Other laws must still be obeyed. DoDIN APL is managed by the APCO | disa.meade.ie.list.approved-products-certification-office@mail.mil. The list consists of 21 equipment categories divided into categories, sub-categories and then . The DoD already uses a wide variety of software licensed under the GPL. OSS is typically developed through a collaborative process. Cisco takes a deep dive into the latest technologies to get it done. There are two versions of the GPL in widespread use: version 2 and version 3. 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. In some cases, it may be wise to release software under multiple licenses (e.g., LGPL version 2.1 and version 3, GPL version 2 and 3), so that users can then pick which license they will use. Each hosting service tends to be focused on particular kinds of projects, so prefer a hosting service that well-matches the project. The Air Force Institute of Technology, or AFIT, is the Air Force's graduate school of engineering and management as well as its institution for technical professional continuing education. Some have found that community support can be very helpful. This legal analysis must determine if it is possible to meet the conditions of all relevant licenses simultaneously. In particular, will it be directly linked with proprietary or classified code? It may be illegal to modify proprietary software, but that will normally not slow an attacker. Under the same reasoning, the CBP determined that building an object file from source code performed a substantial transformation into a new article. For DoD contractors, if the standard DFARS contract clauses are used (in particular DFARS 252.227-7014) then the contractor who developed the software retains the copyright to the software and has the right to release it to others, even if the software was developed exclusively with government funds. Department of the Air Force updates policies, procedures to recruit for the future. 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. Contracts under the federal government FAR, but not the DFARS, often use clause FAR 52.227-14 (Rights in Data - General). This page is an educational resource for government employees and government contractors to understand the policies and legal issues relating to the use of open source software (OSS) in the United States Department of Defense (DoD). 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. Establish project website. Q: Is this related to open source intelligence? No. . Proprietary COTS is especially appropriate when there is an existing proprietary COTS product that meets the need. Prior art invalidates patents. Yes. A protective license protects the software from becoming proprietary, and instead enforces a share and share alike approach between parties. how to ensure the interoperability of systems; how to build systems that are manageable. 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. 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. For disposal or recycling per NSA/CSS Policy Manual 9-12, "Storage Device Sanitization and Destruction Manual": Information stored on these . Several static tool vendors support analysis of OSS (such as Coverity and Sonatype) as a way to improve their tools and gain market use. FROM: Air Force Authorizing Official . AFCWWTS 2021 BREAKOUT SESSION Coming Soon. Q: Under what conditions can GPL-licensed software be mixed with proprietary/classified software? This process provides a single, consolidated list of products that have met cybersecurity and interoperation certification requirements. It depends on the goals for the project, however, here are some guidelines: Public domain where required by law. 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. More recent decisions, such as the 1982 decision B-204326 by the U.S. Comptroller General, continue to confirm this distinction between gratuitous and voluntary service. Q: What is the country of origin for software? In such licenses, if you give someone a binary of the program, you are obligated to give them the source code (perhaps upon request) under the same terms. This is not uncommon. Around the Air Force: Accelerating the Legacy, Expanding Cyber Resiliency, Poppy Seed Warning. For software delivered under federal contracts, any choice of venue clauses in the license generally conflict with the Contract Disputes Act. Q: Is there a large risk that widely-used OSS unlawfully includes proprietary software (in violation of copyright)? The Air Force will conduct its next "BRAVO" hackathon in March, and any U.S. citizen may apply. However, there are advantages to registering a trademark, especially for enforcement. 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 any quantitative evidence that open source software can be as good as (or better than) proprietary software? (3) Verbal waivers are NOT authorized. View the complete AFI 36-2903 for more details. An agency that failed to consider open source software, and instead only considered proprietary software, would fail to comply with these laws, because it would unjustifiably exclude a significant part of the commercial market. 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. Each government program must determine its needs, and then evaluate its options for meeting those needs. GOTS software should not be released when it implements a strategic innovation, i.e. No; this is a low-probability risk for widely-used OSS programs. As noted above, OSS projects have a trusted repository that only certain developers (the trusted developers) can directly modify. Elite RHVAC. Note also that merely being developed for the government is no guarantee that there is no malicious embedded code. DEPARTMENT OF THE AIR FORCE HEADQUARTERS AIR FORCE SPACE COMMAND GUARDIANS OF THE HIGH FRONTIER. The term Free software predates the term open source software, but the term Free software has sometimes been misinterpreted as meaning no cost, which is not the intended meaning in this context. The, Educate all software developers that they must comply with all valid licenses - including both proprietary. On approval, such containers are granted a "Certificate to Field" designation by the Air Force Chief Software Officer. If it is already available to the public and is used unchanged, it is usually COTS. 923, is in 31 U.S.C. 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). . Public Law 115-232 defines OSS defines OSS as 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. AFCWWTS 2021 GUEST LIST Coming Soon. Under the DFARS or the FAR, the government can release software as open source software once it receives unlimited rights to that software. Permissive: These licenses permit the software to become proprietary (i.e., not OSS). (Supports Block Load, Room-by-Room Load, Zone-by-Zone and Adequate Exposure Diversity or AED Calculations) Wrightsoft Right-J8. Very Important Notes: The Public version of DoD Cyber Exchange has limited content. 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. ), the . The GPL and LGPL licenses specifically recommend that You should also get your employer (if you work as a programmer) or school, if any, to sign a copyright disclaimer for the program, if necessary., and point to additional information. The more potential users, the more potential developers. 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 . DoD Directive 5000.1 states that open systems shall be employed, where feasible, and the European Commission identifies open standards as a major policy thrust. No changes since that date. 1342, Limitation on voluntary services. 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. 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. Search and apply for the latest Hourly pay jobs in Randolph Air Force Base, TX. Q: What are synonyms for open source software? Classified information may not be released to the public without special authorization to do so. 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. Each product must be examined on its own merits. 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. 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. Public domain software (in this copyright-related sense) can be used by anyone for any purpose, and cannot by itself be released under a copyright license (including typical open source software licenses). Adobe Acrobat Reader software is copyrighted software which gives users instant access to documents in their original form, independent of computer platform. Q: Is open source software the same as open systems/open standards? 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. The Secretary of the Air Force approved the activation plan on 25 January 1972 and the college was established 1 April 1972 at Randolph AFB, Texas. The services focus on bringing automated software tools, services and standards to DOD programs so that warfighters can create, deploy, and operate software applications in a secure, flexible, and . The joint OnGuard system and XProtect video solution was tested and approved to protect Air Force Protection Level 1 (PL-1) non-nuclear through PL-4 sites around . In effect, the malicious developer could lose many or all rights over their license-violating result, even rights they would normally have had! Do not use spaces when performing a product number/title search (e.g. 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. The 2009 DoD CIO memo on open source software says, in attachment 2, 2(d), The use of any software without appropriate maintenance and support presents an information assurance risk. OTD depends on open standards and interfaces, open source software and designs, collaborative and distributed online tools, and technological agility. 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. Q: What are indicators that a specific OSS program will have fewer unintentional vulnerabilities? Currently there is no APL Memo available for this Tracking Number. The terms that apply to usage and redistribution tend to be trivially easy to meet (e.g., you must not remove the license or author credits when re-distributing the software). If your contract has FAR clause 52.212-4 (which it is normally required to do), then choice of venue clauses in software licenses are undesirable, but the order of precedence clause (in the contract) means that the choice of venue clause (in the license) is superseded by the Contract Disputes Act. CCRA Certificate. The CBP ruling points out that 19 U.S.C. Q: Am I required to have commercial support for OSS? Q: Isnt OSS developed primarily by inexperienced students? 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. This shows that proprietary software can include functionality that could be described as malicious, yet remain unfixed - and that at least in some cases OSS is reviewed and fixed. More Mobile Apps. (4) Waivers for non-FDA approved medications will not be considered. Many prefer unified diff patches, generated by diff -u or similar commands. Whether or not this was intentional, it certainly had the same form as a malicious back door. TCG LinkPRO, TCG BOSS, and TCG GTS all earn placement on DOD's OTI evaluated/approved products list. Most commercial software (including OSS) is not designed for such purposes. 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. Clarifying Guidance Regarding Open Source Software (OSS), a list of licenses which have successfully gone through the approval process and comply with the Open Source Definition, publishes a list of licenses that meet the Free Software Definition, good licenses that Fedora has determined are open source software licenses, Federal Source Code Policy, OMB Memo 16-21, National Defense Authorization Act for FY2018, http://www.doncio.navy.mil/contentview.aspx?id=312, http://www.dtic.mil/dtic/tr/fulltext/u2/a450769.pdf, http://www.whitehouse.gov/omb/memoranda/fy04/m04-16.html, http://www.army.mil/usapa/epubs/pdf/r25_2.pdf, Defense Federal Acquisition Regulation Supplement (DFARS), 40 CFR, Section 252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation, European Interoperability Framework (EIF), Bruce Perens Open Standards: Principles and Practice, U.S. Court of Appeals for the Federal Circuits 2008 ruling on Jacobsen v. Katzer, The Free-Libre / Open Source Software (FLOSS) License Slide, GPL linking exception term (such as the Classpath exception), Maintaining Permissive-Licensed Files in a GPL-Licensed Project: Guidelines for Developers (Software Freedom Law Center), Creative Commons does not recommend that you use one of their licenses for software, GPL FAQ, Can I use the GPL for something other than software?, GPL FAQ, Who has the power to enforce the GPL?, 2003 MITRE study, Use of Free and Open Source Software (FOSS) in the U.S. Department of Defense, Secure Programming for Linux and Unix HOWTO, in 2003 the Linux kernel development process resisted an attack, Software comes from the place where its converted into object code, says CBP, FierceGovernmentIT, Gartner Groups Mark Driver stated in November 2010, Estimating the Total Development Cost of a Linux Distribution, Open Source Software for Imagery & Mapping (OSSIM), Open Source Alternatives (Ben Balter et al.). Proprietary COTS tend to be lower cost than GOTS, since the cost of development and maintenance is typically shared among a larger number of users (who typically pay to receive licenses to use the product). The 1997 InfoWorld Best Technical Support award was won by the Linux User Community. With practically no exceptions, successful open standards for software have OSS implementations. 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. The red book section 6.C.3.b explains this prohibition in more detail. 2021.04.30 2023.04.30 Apple Inc. Apple FileVault 2 on T2 systems running macOS Catalina 10.15: 11078 . 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. Q: What is the legal basis of OSS licenses? Review really does happen. Note that many of the largest commercially-supported OSS projects have their own sites. Q: What are the major types of open source software licenses? Q: How does open source software relate to the Buy American Act? OSS COTS tends to be lower cost than GOTS, in part for the same reasons as proprietary COTS: its costs are shared among more users. 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. These lists apply to all NSA/CSS elements, contractors, and personnel, and pertains to all IS storage devices that they use. 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. Q: Is there a standard marking for software where the government has unlimited rights? Authors of a creative work, or their employer, normally receive the copyright once the work is in a fixed form (e.g., written/typed). 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 . Where it is important, examining the security posture of the supplier (the OSS project) and scanning/testing/evaluating the software may also be wise. 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). Only some developers are allowed to modify the trusted repository directly: the trusted developers. Many development tools covered by the GPL include libraries and runtimes that are not covered by the GPL itself but the GPL with a runtime exception (e.g., the CLASSPATH exception) that specifically permits development of proprietary software. The release may also be limited by patent and trademark law. Approved supplements are maintained by AFCENT/A1RR at afcent.a1rrshaw@afcent.af.mil. In some cases, the government obtains the copyright; in those cases, the government can sue for copyright violation. There is no DoD policy forbidding or limiting the use of software licensed under the GNU General Public License (GPL). The doctrine of unclean hands, per law.com, is a legal doctrine which is a defense to a complaint, which states that a party who is asking for a judgment cannot have the help of the court if he/she has done anything unethical in relation to the subject of the lawsuit. 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. 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. This greatly reduces contractors risks, enabling them to get work done (given this complex environment). 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. Q: How does open source software work with open systems/open standards? No, OSS is developed by a wide variety of software developers, and the average developer is quite experienced. OSS licenses and projects clearly approve of commercial support. 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. So, while open systems/open standards are different from open source software, they are complementary and can work well together. OSS implementations can help create and keep open standards open. (2) Medications not on this list, singly or in combination, require review by AFMSA/SG3/5PF (rated officers) and MAJCOM/SG (non-rated personnel). Service Mixing GPL can provide generic services to other software. Thus, they are all strategies for sharing the development and maintenance costs of software, potentially reducing its cost. The term has primarily been used to reflect the free release of information about the hardware design, such as schematics, bill of materials and PCB layout data, or its representation in a hardware description language (HDL), often with the use of open source software to drive the hardware. Indeed, vulnerability databases such as CVE make it clear that merely hiding source code does not counter attacks: Hiding source code does inhibit the ability of third parties to respond to vulnerabilities (because changing software is more difficult without the source code), but this is obviously not a security advantage. The term trademark is often used to refer to both trademarks and service marks. Since users will want to use the improvements made by others, they have a strong financial incentive to submit their improvements to the trusted repository. In general, Security by Obscurity is widely denigrated. Indeed, many people have released proprietary code that is malicious. African nations hold Women, Peace and Security Panel at AACS 2023. BPC-157. More than 275 cyber professionals from across the Defense Department, U.S. federal agencies, and allied nations are competing against a robust and dynamic opposing force comprised of over 60 Red Team operators from the. Numbered Air Forces. When taking this approach, contractors hired to modify the software must not retain copyright or other rights to the result (else the software would be conveyed outside the U.S. government); see GPL version 3 section 2, paragraph 2 which states this explicitly. 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. (See GPL FAQ, Can I use the GPL for something other than software?.). If this is the case, then the contractor cannot release the software as OSS without permission, because the contractor doesnt own the copyright. Everything just redirects to the DISA Approved Product list which only covers hardware. Gartner Groups Mark Driver stated in November 2010 that, Open source is ubiquitous, its unavoidable having a policy against open source is impractical and places you at a competitive disadvantage.. However, you should examine past experience and your intended uses before depending on this as a primary mechanism for support. Acquisition Common Portal Environment. Air Force football finishes signing class with 28 three-star recruits, most in Mountain West. No, the DoD does not have an official recommendation for any particular OSS product or set of products, nor a Generally Recognized as Safe/Mature list. 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. An Airman at the 616th Operations Center empowered his fellow service members by organizing a professional development seminar for his unit. 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.
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