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As stated in FAR 25.103 Exceptions item (e), The restriction on purchasing foreign end products does not apply to the acquisition of information technology that is a commercial item, when using fiscal year 2004 or subsequent fiscal year funds (Section 535(a) of Division F, Title V, Consolidated Appropriations Act, 2004, and similar sections in subsequent appropriations acts).. 97-258, 96 Stat. Many programs and DAAs do choose to use commercial support, and in many cases that is the best approach. TCG LinkPRO, TCG BOSS, and TCG GTS all earn placement on DOD's OTI evaluated/approved products list. . First of all, being a US firm has little relationship to the citizenship of its developers and its suppliers developers. - AF Form 1206, Nomination for Award (2 Aug 17) remains the standard AF award nomination form. Note that many of the largest commercially-supported OSS projects have their own sites. 1.1.3. If it is possible to meet the conditions of all relevant licenses simultaneously, then those licenses are compatible. 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. The usual DoD contract clause (DFARS 252.227-7014) permits this by default. Yes, its possible. Q: Doesnt hiding source code automatically make software more secure? Classified information may not be released to the public without special authorization to do so. The ruling was a denial of a motion for summary judgement, and the parties ultimately settled the claim out-of-court. DAF COVID-19 Statistics - January 2022. If the OSS is intended for use on Linux/Unix systems, follow standard source installation release practices so that it is easier for users to install. Cisco Firepower Threat Defense (FTD) 6.4 with FMC and AnyConnect. - The award authority will establish the maximum award nomination length (number of . Department of the Air Force updates policies, procedures to recruit for the future. The government is not the copyright holder in such cases, but the government can still enforce its rights. These decisions largely held that the GNU General Public License, version 2 was enforceable in a series of five related legal cases loosely referred to as Versata v. Ameriprise, although there were related suits against Versata by XimpleWare. Bruce Perens noted back in 1999, Do not write a new license if it is possible to use (a common existing license) The propagation of many different and incompatible licenses works to the detriment of Open Source software because fragments of one program cannot be used in another program with an incompatible license. Many view OSS license proliferation as a problem; Serdar Yegulalps 2008 Open Source Licensing Implosion (InformationWeek) noted that not only are there too many OSS licenses, but that the consequences for blithely creating new ones are finally becoming concrete the vast majority of open source products out there use a small handful of licenses Now that open source is becoming (gasp) a mainstream phenomenon, using one of the less-common licenses or coming up with one of your own works against you more often than not. Browse 817 acronyms and abbreviations related to the Air Force terminology and jargon. 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. Lock-in tends to raise costs substantially, reduces long-term value (including functionality, innovation, and reliability), and can become a serious security problem (since the supplier has little incentive to provide a secure product and to quickly fix problems found later). The Buy American Act does not apply to information technology that is a commercial item, so there is usually no problem for OSS. Q: When can the U.S. federal government or its contractors publicly release, as OSS, software developed with government funds? However, there are advantages to registering a trademark, especially for enforcement. a license) from the copyright holder(s) before they can obtain a copy of software to run on their system(s). The public release also makes it easy to have copies of versions in many places, and to compare those versions, making it easy for many people to review changes. However, software written entirely by federal government employees as part of their official duties can be released as public domain software. Parties are innocent until proven guilty, so if there. 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. BPC-157. The DoD has chosen to use the term open source software (OSS) in its official policy documents. This memo is available at, The Open Technology Development Roadmap was released by the office of the Deputy Under Secretary of Defense for Advanced Systems and Concepts, on 7 Jun 2006. At project start, the project creators (who create the initial trusted repository) are the trusted developers, and they determine who else may become a trusted developer of this initial trusted repository. 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. 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. Government Cloud Brings DoD Systems in the 21st Century. Indeed, many people have released proprietary code that is malicious. With practically no exceptions, successful open standards for software have OSS implementations. Yes. 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. 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. The GPL and government unlimited rights terms have similar goals, but differ in details. . 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. 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 NSA/CSS Evaluated Products Lists equipment that meets NSA specifications. These lists apply to all NSA/CSS elements, contractors, and personnel, and pertains to all IS storage devices that they use. Performance Statements are plain language and avoid using uncommon acronyms and abbreviations. Q: What is the legal basis of OSS licenses? As always, if there are questions, consult your attorney to discuss your specific situation. Full Residential Load Calculation. The release may also be limited by patent and trademark law. . A trademark is a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.. Department of the Air Force updates policies, procedures to recruit for the future. 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. Some people like the term GOSS, because it indicates an intent to do OSS-like collaborative development, but within the government instead. (4) Waivers for non-FDA approved medications will not be considered. 75th Anniversary Article. For local guidance, Airmen are encouraged to . Any software not listed on the Approved Software List is prohibited. 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. 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. Spouse's information if you have one. Do you have the necessary other intellectual rights (e.g., patents)? ensure that security is designed in from the start and not tacked on as an after thought. The lack of money changing hands in open source licensing should not be presumed to mean that there is no economic consideration, however. This memorandum surveys U.S. economic sanctions and anti-money laundering ("AML") developments and trends in 2022 and provides an outlook for 2023. 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. 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. If it is already available to the public and is used unchanged, it is usually COTS. 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. 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.. Contractors must still abide with all other laws before being allowed to release anything to the public. REFERENCES: (a) AFI 33-210, "Air Force Certification and Accreditation (C . 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. See. 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. No. And of course, individual OSS projects often have security review processes or methods (such as Mozillas bounty system). There is no DoD policy forbidding or limiting the use of software licensed under the GNU General Public License (GPL). Q: Why is it important to understand that open source software is commercial software? See also DFARS subpart 227.70infringement claims, licenses, and assignments and 28 USC 1498. 7101-7109). Furthermore, 52.212-4(s) says: (s) Order of precedence. This has a reduced likelihood if the program is niche or rarely-used, has few developers, uses a rare computer language, or is not really OSS. The list of products, referred to as "Blue sUAS," come from 5 different manufacturers: Skydio, Parrot, Altavian, Teal Drones, and Vantage Robotics. There are many definitions for the term open standard. It also provides the latest updates and changes to policy from Air Force senior leadership and the Uniform Board. View the complete AFI 36-2903 for more details. (See GPL FAQ, Can I use the GPL for something other than software?.). 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. Q: Is there an approved, recommended or Generally Recognized as Safe/Mature list of Open Source Software? Such software does not normally undergo widespread public review, indeed, the source code is typically not provided to the public and there are often license clauses that attempt to inhibit review further (e.g., forbidding reverse engineering and/or forbidding the public disclosure of analysis results). FRCS projects will be required to meet RMF requirements and if required, obtain an Authorization To Operate (ATO . Such developers need not be cleared, for example. CCRA Certificate. However, often software can be split into various components, some of which are classified and some of which are not, and it is to these unclassified portions that this text addresses. However, this cost-sharing is done in a rather different way than in proprietary development. "Delivering a more lethal force requires the ability to evolve faster and be more adaptable . OSS options should be evaluated in principle the same way you would evaluate any option, considering need, cost, and so on. A choice of venue clause is a clause that states where a dispute is to be resolved (e.g., which court). In particular, U.S. law (10 USC 2377) requires a preference for commercial products for procurement of supplies or services. Do you have the necessary copyright-related rights? Many governments, not just the U.S., view open systems as critically necessary. 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. 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. The regulation is available at. 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 U.S. Air Force A-10 receives maintenance at Davis-Monthan Air Force Base, Arizona, May 29, 2020. The U.S. government can often directly combine GPL and proprietary, classified, or export-controlled software into a single program arbitrarily, as long as the result is never conveyed outside the U.S. government. Contact Contracting. On approval, such containers are granted a Certificate to Field designation by the Air Force Chief Software Officer. It is usually far better to stick to licenses that have already gone through legal review and are widely used in the commercial world. Adobe Acrobat Reader software is copyrighted software which gives users instant access to documents in their original form, independent of computer platform. It costs essentially nothing to download a file. Part of the ADA, Pub.L. September 22, 2022. Yes, in general. Each government program must determine its needs, and then evaluate its options for meeting those needs. FAR 52.227-1 (Authorization and Consent), as prescribed by FAR 27.201-2(a)(1), inserts the clause that the Government authorizes and consents to all use and manufacturer of any invention (covered by) U.S. patent. SUBJECT: Software Products Approval Process . 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 . Yes; Why Open Source Software / Free Software (OSS/FS, FLOSS, or FOSS)? Do you have the materials (e.g., source code) and are all materials properly marked? Air Force - (618)-229-6976, DSN 779. If it must work with other components, or is anticipated to work with other components, ensure that the license will permit those anticipated uses. The. This can increase the number of potential users. 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. There are many alternative clauses in the FAR and DFARS, and specific contracts can (and often do) have different specific agreements on who has which rights to software developed under a government contract. In addition, widely-used licenses and OSS projects often include additional mechanisms to counter this risk. Boundary Protection Devices and Systems - 41 Certified Products. If the contract includes the typical FAR 52.227-14 (Rights in data - general) clause, without any special alternatives or additions, then the contractor must make a written request for permission to assert copyright in works containing data first produced under the contract. before starting have a clear understanding of the reasons to migrate; ensure that there is active support for the change from IT staff and users; make sure that there is a champion for change the higher up in the organisation the better; build up expertise and relationships with the OSS movement; ensure that each step in the migration is manageable. The Creative Commons is a non-profit organization that provides free tools, including a set of licenses, to let authors, scientists, artists, and educators easily mark their creative work with the freedoms they want it to carry. With the Acrobat Reader, you can view, navigate, print and present any Portable Document Format (PDF) file. 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. 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. DEPARTMENT OF THE AIR FORCE HEADQUARTERS AIR FORCE SPACE COMMAND . Q: How can I get support for OSS that already exists? Intellipedia is implemented using MediaWiki, the open source software developed to implement Wikipedia. Each hosting service tends to be focused on particular kinds of projects, so prefer a hosting service that well-matches the project. 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. Q: Can government employees contribute code to open source software projects? 1.1.4. In some cases, the sources of information for OSS differ. The DoD already uses a wide variety of software licensed under the GPL. 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 . (2) Medications not on this list, singly or in combination, require review by AFMSA/SG3/5PF (rated officers) and MAJCOM/SG (non-rated personnel). 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. 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. It would also remove the uniquely (OSS) ability to change infrastructure source code rapidly in response to new modes of cyberattack. 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. 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. It is available at, The Office of Management and Budget issued a memorandum providing guidance on software acquisition which specifically addressed open source software on 1 Jul 2004. New York ANG supports Canadian arctic exercise. This regulation only applies to the US Army, but may be a useful reference for others. What is its relationship to OSS? There are many alternative clauses in the FAR and DFARS, and specific contracts can (and often do) have different agreements on who has which rights to software developed under a government contract. [ top of page] AFCWWTS 2021 BREAKOUT SESSION Coming Soon. Been retired for a few years but work for a company that has a contract with the Air Force and Army. 37 African nations, US kickoff AACS 2023 in Senegal. The DoD does not have a single required process for evaluating OSS. No, DoD policy does not require you to have commercial support for OSS, but you must have some plan for support. No; this is a low-probability risk for widely-used OSS programs. Use a widely-used existing license. It points to various studies related to market share, reliability, performance, scalability, security, and total cost of ownership. The Air Force separated 610 Airmen for declining the once-mandated COVID-19 vaccination. Indeed, according to Walli, Standards exist to encourage & enable multiple implementations. However, if youre going to rely on the OSS community, you must make sure that the OSS community for that product is active, and that you have suitably qualified staff to implement the upgrades/enhancements developed by the community. https://www.disa.mil/network-services/ucco, The DoD Cyber Exchange is sponsored by 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. Commander offers insight during Black History celebration at Oklahoma Capitol. This formal training is supplemented by extensive on-the-job training and accumulated hands on experience gained throughout the Service member's career. Section 6.C.3.a notes that the voluntary services provision is not new; it first appeared, in almost identical form, back in 1884. Often there is a single integrating organization, while other organizations inside the government submit proposed changes to the integrator. However, sometimes OGOTS/GOSS software is later released as OSS. Wikipedias Comparison of OSS hosting facilities page may be helpful in identifying existing hosting facilities, as well as some of their pros and cons. The DoDIN APL is managed by the Approved Products Certification Office (APCO). When examining a specific OSS project, look for evidence that review (both by humans and tools) does take place. Fundamentally, a standard is a specification, so an open standard is a specification that is open. 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). 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. OSS is increasingly commercially developed and supported. However, if the covered software/library is itself modified, then additional conditions are imposed. Be sure to consider total cost of ownership (TCO), not just initial download costs. 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. Industry Partners / Employers. Software licenses (including OSS licenses) may also involve the laws for patent, trademark, and trade secrets, in addition to copyright. 1342, Limitation on voluntary services, US Government Accountability Office (GAO) Office of the General Counsels Principles of Federal Appropriations Law (aka the Red Book), the 1982 decision B-204326 by the U.S. Comptroller General, How to Evaluate Open Source Software / Free Software (OSS/FS) Programs, Capgeminis Open Source Maturity Model (OSMM), Top Tips For Selecting Open Source Software, Open Source memo doesnt mandate a support vendor (by David Perera, FierceGovernmentIT, May 23, 2012), Code Analysis of the Linux Wireless Teams ath5k Driver, DFARS subpart 227.70infringement claims, licenses, and assignments, Prior Art and Its Uses: A Primer, by Theodore C. McCullough, this NASA Jet Propulsion Laboratory (JPL) project became a top level open source Apache Software Foundation project in 2011, Geographic Resources Analysis Support System (GRASS), Publicly Releasing Open Source Software Developed for the U.S. Government, CENDIs Frequently Asked Questions About Copyright, GPL FAQ, Question Can the US Government release a program under the GNU GPL?, Free Software Foundation License List, Public Domain, GPL FAQ, Question Can the US Government release improvements to a GPL-covered program?, Publicly Releasing Open Source Software Developed for the U.S. Government by Dr.David A. Wheeler, DoD Software Tech News, February 2011, U.S. Code Title 41, Chapter 7, Section 103, follow standard source installation release practices, Open Source Software license by the Open Source Initiative (OSI), Free Software license by the Free Software Foundation (FSF), Many view OSS license proliferation as a problem, Serdar Yegulalps 2008 Open Source Licensing Implosion (InformationWeek), Open Source Initiative (OSI) maintains a list of Licenses that are popular and widely used or with strong communities, licenses accepted by the Google code hosting service, Producing Open Source Software: How to Run a Successful Free Software Project by Karl Fogel, Open Technology Development (OTD): Lessons Learned & Best Practices for Military Software, Recognizing and Avoiding Common Open Source Community Pitfalls, Releasing Free/Libre/Open Source Software (FLOSS) for Source Installation, GNU Coding Standards, especially on the release process, Wikipedias Comparison of OSS hosting facilities page, U.S. Patent and Trademark Office (PTO) page Trademark basics, U.S. Patent and Trademark Office (PTO) page Should I register my mark?, Open Technology Development Lessons Learned, Office of the Director of National Intelligence (ODNI) Government Open-Source Software (GOSS) Handbook for Govies, Military - Open Source Software (MIL-OSS) DoD/IC discussion list, Hosted by Defense Media Activity - WEB.mil, Open source software licenses are reviewed and approved as conforming to the, In practice, an open source software license must also meet the, Fedora reviews licenses and publishes a list of, The Department of Navy CIO issued a memorandum with guidance on open source software on 5 Jun 2007. This includes the, Strongly Protective (aka strong copyleft): These licenses prevent the software from becoming proprietary, and instead enforce a share and share alike approach. The Office of the Chief Software Officer is leading the mission to make the Digital Air Force a reality by supporting our Airmen with Software Enterprise Capabilities.We are enabling adoption of innovative software best practices, cyber security solutions, Artificial Intelligence and Machine Learning technologies across AF programs while removing impediments to DevSecOps and IT innovation. However, note that the advantages of cost-sharing only applies if there are many users; if no user/co-developer community is built up, then it can be as costly as GOTS. Resources for further information include: In brief, the MIT and 2-clause BSD license are dominated by the 3-clause BSD license, which are all dominated by the LGPL licenses, which are all dominated by the GPL licenses.

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