Home use of the antivirus products will not only protect personal PCs, but will also potentially lessen the threat of malicious logic being introduced to the workplace and compromising DoD networks. This list was generated on Friday, March 3, 2023, at 5:54 PM. For example, a Code Analysis of the Linux Wireless Teams ath5k Driver found no license problems. 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. DEPARTMENT OF THE AIR FORCE HEADQUARTERS AIR FORCE SPACE COMMAND GUARDIANS OF THE HIGH FRONTIER. Prior art invalidates patents. It depends on the goals for the project, however, here are some guidelines: Public domain where required by law. What are good practices for use of OSS in a larger system? Coat or jacket depending on the season. A 2003 MITRE study, Use of Free and Open Source Software (FOSS) in the U.S. Department of Defense, identified many OSS programs that the DoD is already using that are licensed using the GPL. In many cases, yes, but this depends on the specific contract and circumstances. Q: What is the legal basis of OSS licenses? The purpose of Department of Defense Information Network Approved Products List (DODIN APL) is to maintain a single consolidated list of products that have completed Interoperability (IO) and Cybersecurity certification. The following questions discuss some specific cases. The FAR and DFARS do not currently mandate any specific marking for software where the government has unlimited rights. The 2003 MITRE study section 1.3.4 outlines several ways to legally mix GPL with proprietary or classified software: Often such separation can occur by separating information into data and a program that uses it, or by defining distinct layers. The Buy American Act does not apply to information technology that is a commercial item, so there is usually no problem for OSS. Thus, they are all strategies for sharing the development and maintenance costs of software, potentially reducing its cost. According to the U.S. Patent and Trademark Office (PTO): For more about trademarks, see the U.S. Patent and Trademark Office (PTO) page Trademark basics. Some people like the term GOSS, because it indicates an intent to do OSS-like collaborative development, but within the government instead. 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. 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. This eliminates future incompatibility and encourages future contributions by others. AFCWWTS 2021 BREAKOUT SESSION Coming Soon. OTD includes both OSS and OGOTS/GOSS. Q: Is there any quantitative evidence that open source software can be as good as (or better than) proprietary software? This General Service Administration (GSA . BSD TCP/IP suite - Provided the basis of the Internet, Greatly increased costs, due to the effort of self-maintaining its own version, Inability to use improvements (including security patches and innovations) by others, where it uses a non-standard version instead of the version being actively maintained, Greatly increased cost, due to having to bear the, Inability to use improvements (including security patches and innovations) by others, since they do not have the opportunity to aid in its development, Obsolescence due to the development and release of a competing commercial (e.g., OSS) project. Q: Is this related to open source intelligence? Authors of a creative work, or their employer, normally receive the copyright once the work is in a fixed form (e.g., written/typed). This isnt usually an issue because of how typical DoD contract clauses work under the DFARS. As noted by the OSJTF definition for open systems, be sure to test such systems with more than one web browser (e.g., Google Chrome, Microsoft Edge and Firefox), to reduce the risk of vendor lock-in. Government Off-the-Shelf (GOTS), proprietary commercial off-the-shelf (COTS), and OSS COTS are all methods to enable reuse of software across multiple projects. 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. Approved supplements are maintained by AFCENT/A1RR at afcent.a1rrshaw@afcent.af.mil. . Yes; Why Open Source Software / Free Software (OSS/FS, FLOSS, or FOSS)? Q: Doesnt hiding source code automatically make software more secure? Acquisition Process Model. [ top of page] The intended audience of this tool is emergency managers, first responders, and other homeland security professionals. Q: Is there a name for software whose source code is publicly available, but does not meet the definition of open source software? 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 . Boundary Protection Devices and Systems - 41 Certified Products. Special Series. The DoDIN APL is managed by the Approved Products Certification Office (APCO). Parties are innocent until proven guilty, so if there. This clause establishes that the choice of venue clause (category 4) is superseded by the Contract Disputes Act (category 2), and thus the conflict is typically moot. Acquisition Common Portal Environment. A very small percentage of such users determine that they can make a change valuable to them, and contribute it back (to avoid maintenance costs). AOD-9604. If the supplier attains a monopoly or it is difficult to switch from the supplier, the costs may skyrocket. 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. Q: Is OSS commercial software? As a result, it is difficult to develop software and be confident that it does not violate enforceable patents. This formal training is supplemented by extensive on-the-job training and accumulated hands on experience gained throughout the Service member's career. German courts have enforced the GPL. One way to deal with potential export control issues is to make this request in the same way as approving public release of other data/documentation. Below are current coronavirus disease 2019 statistics for Department of Air Force personnel: *These numbers include all of the cases that were reported since our last update on Jan. 18. 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. Distribution Mixing GPL and other software can be stored and transmitted together. Failing to understand that open source software is commercial software would result in failing to follow the laws, regulations, policies, and so on regarding commercial software. 97-258, 96 Stat. The GPL version 2 and the GPL version 3 are in principle incompatible with each other, but in practice, most released OSS states that it is GPL version 2 or later or GPL version 3 or later; in these cases, version 3 is a common license and thus such software is compatible. This process provides a single, consolidated list of products that have met cybersecurity and interoperation certification requirements. Do not mistakenly use the term non-commercial software as a synonym for open source software. Guglielmo Marconi. Open systems and open standards counter dependency on a single supplier, though only if there is a competing marketplace of replaceable components. First of all, being a US firm has little relationship to the citizenship of its developers and its suppliers developers. Feb. 4, 2022 |. In short, OSS more accurately reflects the economics of software development; some speculate that this is one reason why OSS has become so common. (See next question. Adtek Acculoads. There are two versions of the GPL in widespread use: version 2 and version 3. However, the government can release software as OSS when it has unlimited rights to that software. 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. Colleges & Your Majors. Several static tool vendors support analysis of OSS (such as Coverity and Sonatype) as a way to improve their tools and gain market use. View the complete AFI 36-2903 for more details. Everything just redirects to the DISA Approved Product list which only covers hardware. This is not a copyright license, it is the absence of a license. As of Jan. 21, the Air Force has administratively separated 111 active duty Airmen. The term trademark is often used to refer to both trademarks and service marks. It can be argued that classified software can be arbitrarily combined with GPL code, beyond the approaches described above. Q: Can government employees contribute code to open source software projects? 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. Q: Does the DoD use OSS for security functions? For advice about a specific situation, however, consult with legal counsel. Export control laws are often not specifically noted in OSS licenses, but nevertheless these laws also govern when and how software may be released. The usual federal non-DoD clause (FAR 52.227-14) also permits this by default as long as the government has not granted the contractor the right to assert copyright. 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. 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). If you are applying for a scholarship as a high school student, you must be accepted to the program and academic major that you indicate on your scholarship application. The release of the software may be restricted by the International Traffic in Arms Regulation (ITAR) or Export Administration Regulation (EAR). Q: How can you determine if different open source software licenses are compatible? Do not use spaces when performing a product number/title search (e.g. Approved software is listed on the DCMA Approved Software List. Air Force ROTC is offered at over 1,100 colleges and universities in the continental United States, Puerto Rico and Hawaii. There are substantial benefits, including economic benefits, to the creation and distribution of copyrighted works under public licenses that range far beyond traditional license royalties The choice to exact consideration in the form of compliance with the open source requirements of disclosure and explanation of changes, rather than as a dollar-denominated fee, is entitled to no less legal recognition. The release may also be limited by patent and trademark law. 923, is in 31 U.S.C. Q: Is there a risk of malicious code becoming embedded into OSS? 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. There are other ways to reduce the risk of software patent infringement (in the U.S.) as well: Yes, both entirely new programs and improvements of existing OSS have been developed using U.S. government funds. Such mixing can sometimes only occur when certain kinds of separation are maintained - and thus this can become a design issue. Q: Can the government release software under an open source license if it was developed by contractors under government contract? Where it is unclear, make it clear what the source or source code means. Army - (703) 602-7420, DSN 332. It would also remove the uniquely (OSS) ability to change infrastructure source code rapidly in response to new modes of cyberattack. DoD contractors who always ignore components because they are OSS, or because they have a particular OSS license they dont prefer, risk losing projects to more competitive bidders. Other documents that you may find useful include: An official website of the United States government, Frequently Asked Questions regarding Open Source Software (OSS) and the Department of Defense (DoD). Open standards can aid open source software projects: Note that open standards aid proprietary software in exactly the same way. 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. However, the required FAR Clause 52.212-4(d) establishes that This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 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. Similarly, in Wallace v. IBM, Red Hat, and Novell, the U.S. Court of Appeals for the Seventh Circuit found in November 2006 that the GNU General Public License (GPL) and open-source software have nothing to fear from the antitrust laws. Each government program must determine its needs, and then evaluate its options for meeting those needs. Many analyses focus on versions of the GNU General Public License (GPL), since this is the most common OSS license, but analyses for other licenses are also available. 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. 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. DEPARTMENT OF THE AIR FORCE HEADQUARTERS AIR FORCE SPACE COMMAND . (The MIT license is similar to public domain release, but with some legal protection from lawsuits.). 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. Q: What policies address the use of open source software (OSS) in the Department of Defense? . Telestra provides Air Force simulators with . (2) Medications not on this list, singly or in combination, require review by AFMSA/SG3/5PF (rated officers) and MAJCOM/SG (non-rated personnel). Many programs and DAAs do choose to use commercial support, and in many cases that is the best approach. Specifically, the federal governments IA controls, as documented in NIST SP 800-53 revision 5 includes a control enhancement, CM-7(8). Note that most commercial software is not intended to be used where the impact of any error of any kind is extremely high (e.g., a large number of lives are likely to be immediately lost if even the slightest software error occurs). Air Force Command and Control at the Start of the New Millennium. Knowledge is more important than the licensing scheme. Volume II of its third edition, section 6.C.3, describes in detail this prohibition on voluntary services. That said, this does not mean that all OSS is superior to all proprietary software in all cases by all measures. Even if a commercial program did not originally have vulnerabilities, both proprietary and OSS program binaries can be modified (e.g., with a hex editor or virus) so that it includes malicious code. Community OSS support is never enough by itself to provide this support, because the OSS community cannot patch your servers or workstations for you. Going through our RMF/DICAP and cannot find the Air Force Approved Software List anywhere. Q: Has the U.S. government released OSS projects or improvements? Open source software that has at least one non-governmental use, and is licensed to the public, is commercial software. The Defense Innovation Unit (DIU) is a . Conversely, if it widely-used, has many developers, and so on, the likelihood of review increases. In some cases a DoD contractor may be required to transfer copyright to the government for works produced under contract (see DFARS 252.227-7020). A permissive license permits arbitrary use of the program, including making proprietary versions of it. Careful legal review is required to determine if a given license is really an open source software license. Examples include GPL applications running on proprietary operating systems or wrappers, and GPL applications that use proprietary components explicitly marked as non-GPL. 1342, Limitation on voluntary services. This is in addition to the advantages from OSS because it can be reviewed, modified, and redistributed with few restrictions (inherent in the definition of OSS). Do you have the materials (e.g., source code) and are all materials properly marked? It's likely that peptides are in fact banned from the military, but until we get a straight answer we'll leave this question open-ended. 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. Q: How can I get support for OSS that already exists? OSS implementations can help create and keep open standards open. This is in part because such a ban would prevent DoD groups from using the same analysis and network intrusion applications that hostile groups could use to stage cyberattacks. Contractors for other federal agencies may have a different process to use, but after going through a process they can often release such software as open source software. Download Adobe Acrobat Reader. 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. OpenSSL - SSL/cryptographic library implementation, GNAT - Ada compiler suite (technically this is part of gcc), perl, Python, PHP, Ruby - Scripting languages, Samba - Windows - Unix/Linux interoperability. Adobe Acrobat Reader software is copyrighted software which gives users instant access to documents in their original form, independent of computer platform. an Air Force community college and on 9 November 1971, General John D. Ryan, Air Force Chief of Staff, approved the establishment of the Community College of the Air Force. REFERENCES: (a) AFI 33-210, "Air Force Certification and Accreditation (C . By definition, OSS software permits arbitrary use of the software, and allows users to re-distribute the software to others. The Air Force's program comes with a slight caveat: it's actually called Bring Your Own Approved Device (BYOAD); airmen won't be able to . In effect, the malicious developer could lose many or all rights over their license-violating result, even rights they would normally have had! No, although they work well together, and both are strategies for reducing vendor lock-in. In addition, since the source code is publicly released, anyone can review it, including for the possibility of malicious code. 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.) If a government employee enhances or modifies a (copyrighted) open source software program, the resulting work is a joint work (see 17 USC 101) which is partially copyrighted and partially public domain. Factors that greatly reduce this risk include: Typically not, though the risk varies depending on their contract and specific circumstance. Proprietary COTS is especially appropriate when there is an existing proprietary COTS product that meets the need. Cyberspace Capabilities Center Re-designation Ceremony Nov 7, 1300. Example: GPL and (unrelated) proprietary applications can be running at the same time on a desktop PC. (Free in Free software refers to freedom, not price.) 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. Similarly, SourceForge/Apache (in 2001) and Debian (in 2003) countered external attacks. This should not be surprising; the DoD uses OSS extensively, and the GPL is the most popular OSS license. 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. 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. 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). 150 Vandenberg Street, Suite 1105 Peterson AFB CO 80914-4420 . Industry Partners / Employers. Patents expire after 20 years, so any idea (invention) implemented in software publicly available for more than 20 years should not, in theory, be patentable. 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). (Such terms might include open source software, but could also include other software). Also, US citizens can attempt to embed malicious code into software, and many non-US citizens develop software without embedding malicious code. See. Government Cloud Brings DoD Systems in the 21st Century. No. OSS licenses can be grouped into three main categories: Permissive, strongly protective, and weakly protective. Other open source software implementations of Unix interfaces include OpenBSD, NetBSD, FreeBSD, and Darwin. Yes, its possible. Spouse's information if you have one. OSS implementations can help rapidly increase adoption/use of the open standard. 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. Approved by AF/SG3/5P on 13 May 2019 7700 Arlington Blvd., Falls Church, VA 22042-5158 Category As far as I have heard, unless you are a programmer then you aren't getting any actual development software. Be sure to consider such costs over a period of time (typically the lifetime of the system including its upgrades), and use the same period when evaluating alternatives; otherwise, one-time costs (such as costs to transition from an existing proprietary system) can lead to erroneous conclusions. Military orders. Q: Is a lot of pre-existing open source software available? Document the projects purpose, scope, and major decisions - users must be able to quickly determine if this project might meet their needs. It is impossible to completely eliminate all risks; instead, focus on reducing risks to acceptable levels. The Authorized Equipment List (AEL) is a list of approved equipment types allowed under FEMA's preparedness grant programs. U.S. law governing federal procurement U.S. Code Title 41, Section 103 defines commercial product as including 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. Carmelsoft HVAC ResLoad-J. This is not merely theoretical; in 2003 the Linux kernel development process resisted an attack. 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. These include: If you are looking for smaller pieces of code to reuse, search engines specifically for code may be helpful. 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). Q: Is there a standard marking for software where the government has unlimited rights? 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. Q: What are indicators that a specific OSS program will have fewer unintentional vulnerabilities? The World Health Organization (WHO) is a specialized agency of the United Nations responsible for international public health. 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. 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. 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). Q: How should I create an open source software project? Certification Report Security Target. Cisco Firepower Threat Defense (FTD) 6.4 with FMC and AnyConnect. Fundamentally, a standard is a specification, so an open standard is a specification that is open. Administration/Format. It is only when the OSS is modified that additional OSS terms come into play, depending on the OSS license. 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". The DoD already uses a wide variety of software licensed under the GPL. - The award authority will establish the maximum award nomination length (number of . By default, the government has the necessary rights if it does not permit the contractor to assert copyright, but it loses those rights if the government permits the contractor to assert copyright. There is a fee for registering a trademark. 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. If it is a new project, be sure to remove barriers to entry for others to contribute to the project: OSS should be released using conventional formats that make it easy to install (for end-users) and easy to update (for potential co-developers). The red book explains its purpose; since an agency cannot directly obligate in excess or advance of its appropriations, it should not be able to accomplish the same thing indirectly by accepting ostensibly voluntary services and then presenting Congress with the bill, in the hope that Congress will recognize a moral obligation to pay for the benefits conferred. 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. Why Open Source Software / Free Software (OSS/FS, FLOSS, or FOSS)? The first-ever Oklahoma Black History Day was celebrated at the state Capitol Feb. 13 with Lt. Gen. Stacey Hawkins, Air Force Sustainment Center commander, serving as the keynote speaker for the event.Hosted by the Oklahoma Legislative Black Caucus, a focus of this . Requiring the use of very unusual development tools may impede development, unless those tools provide a noticeable advantage. OSS licenses and projects clearly approve of commercial support. In contrast, typical proprietary software costs are per-seat, not per-improvement or service. SUBJECT: Software Products Approval Process . The, Educate all software developers that they must comply with all valid licenses - including both proprietary. Software/hardware for which the implementation, proofs of its properties, and all required tools are released under an OSS license are termed open proofs(see the open proofs website for more information). Peterson AFB CO 80914-4420 . There are far too many examples to list; a few examples are: The key risk is the revelation of information that should not be released to the public. Any software not listed on the Approved Software List is prohibited. Classified information may not be released to the public without special authorization to do so. This does not mean that the DoD will reject using proprietary COTS products. The red book section 6.C.3.b explains this prohibition in more detail.
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