1) Background a) Defense Federal Acquisition Regulation Supplement (DFARS) clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, requires Interagency Surveys Approved for Use within DoD. An alternative is to not include the OSS component in the deliverable, but simply depend on it, as long as that is acceptable to the government. Among its many roles, DMDC is: The leader in joint information sharing and support on DoD human resource issues. 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. If some portion of the software is protected by copyright, then the combined software work can be released under a copyright license. 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. The key issue with both versions of the GPL is that, unlike most other OSS licenses, the GPL licenses require that a recipient of a binary (executable) must be able to demand and receive the source code of that program, and the recipient must also be able to propogate the work under that license. The Department of Defense (DoD) Software Modernization Strategy was approved Feb. 1. For nearly two decades, the Ada programming language has been a cornerstone of efforts by the Department of Defense (DOD) to improve its software engineering practices. This includes the most popular OSS license, the, Weakly Protective (aka weak copyleft): These licenses are a compromise between permissive and strongly protective licenses. OSS implementations can help create and keep open standards open. Note that under the DoD definition of open source software, such public domain software is open source software. Our standard business associate agreement (BAA) meets the requirement of HIPAA, making it easy for covered entities to bring SurveyMonkey on board as a business associate and to enable HIPAA-compliant features on their SurveyMonkey account. As an aid, the Open Source Initiative (OSI) maintains a list of Licenses that are popular and widely used or with strong communities. Star Anise Foods Pho Noodle Soup Bowl, It also risks reduced flexibility (including against cyberattack), since OSS permits arbitrary later modification by users in ways that some other license approaches do not. DoD cybersecurity Industry leading end-to-end security featuring advanced encryption and more. 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. There is no injunctive relief available, and there is no direct cause of action against a contractor that is infringing a patent or copyright with the authorization or consent of the Government (e.g., while performing a contract).. 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. 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). 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). Established Oct. 1, 2013, the Defense Health Agency is the centerpiece of Military Health System governance reform, as outlined in the Deputy Secretary of Defense's March 11, 2013 Memorandum "Implementation of Military Health System Governance Reform." . In practice, OSS projects tend to be remarkably clean of such issues. Goal 1: Accelerate the DoD Enterprise Cloud Environment, Objectives: Mature an Innovative Portfolio of Cloud Contracts; Secure Data in the Cloud; Accelerate Cloud Adoption through Automated Design Patterns; Prepare OCONUS Infrastructure for Cloud, Goal 2: Establish Department-wide Software Factory Ecosystem. The red book section 6.C.3.b explains this prohibition in more detail. It points to various studies related to market share, reliability, performance, scalability, security, and total cost of ownership. This IWR site contains a catalog of questionnaires (surveys) currently approved by the Office of Management and Budget (OMB) which can be used as a framework for creating and conducting water resource surveys. Identification #: DoD Instruction 7750.07 Date: 10/10/2014 Type: Instructions Some I've been cooking for years, decades even, others I have cooked just . There are many definitions for the term open standard. disa.meade.ie.list.approved-products-certification-office@mail.mil. OTD includes both OSS and OGOTS/GOSS. Many perceive this openness as an advantage for OSS, since OSS better meets Saltzer & Schroeders Open design principle (the protection mechanism must not depend on attacker ignorance). 3206-0252] Federal Employee Viewpoint Survey (OPM) Survey of Consumer Finances (FRS) [OMB Control No. The U.S. has granted a large number of software patents, making it difficult and costly to examine all of them. 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. In some cases, the government obtains the copyright; in those cases, the government can sue for copyright violation. As noted above, OSS projects have a trusted repository that only certain developers (the trusted developers) can directly modify. 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.). Applications ) to create, disseminate, and inspections which are recorded and documented as supplier surveys of 1973 as. Examples of the former include Red Hat, Canonical, HP Enterprise, Oracle, IBM, SourceLabs, OpenLogic, and Carahsoft. Other open source software implementations of Unix interfaces include OpenBSD, NetBSD, FreeBSD, and Darwin. Q: What is the legal basis of OSS licenses? Do you have the necessary copyright-related rights? Unfortunately, this typically trades off flexibility; the government does not have the right to modify the software, so it cannot fix serious security problems, add arbitrary improvements, or make the software work on platforms of its choosing. Questions about why the government - who represents the people - is not releasing software (that the people paid for) back to the people. 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. Many governments, not just the U.S., view open systems as critically necessary. If you are ineligible to register, you can request this document through FOIA. Before approving the use of software (including OSS), system/program managers, and ultimately Designated Approving Authorities (DAAs), must ensure that the plan for software support (e.g., commercial or Government program office support) is adequate for mission need. Note that Government program office support is specifically identified as a possibly-appropriate approach. 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 argument is that the classification rules are simply laws of the land (and not additional rules), the classification rules already forbid the release of the resulting binaries to those without proper clearances, and that the GPL only requires that source code be released to those who received a binary. AAF DoD Quick Reference Card Accelerated Life Testing Data Analysis Software Tool (ALTA) ACQuipedia Acquiring and Enforcing the Government's Rights in Technical Data and Computer Software Under Department of Defense Contracts Acquisition in the Digital Age (AiDA) Acquisition Logistics Engineering (ALE) Tools & Services DFARS 252.227-7014 specifically defines commercial computer software in a way that includes nearly all OSS, and defines noncommercial computer software as software that does not qualify as commercial computer software. Release modifications under same license. This instruction establishes and reissues policies and assigns responsibilities for the collection of information and the control of the paperwork burden consistent with chapter 35 of Title 44, United States Code. Users can send bug reports to the distributor or trusted repository, just as they could for a proprietary program. 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. What programs are already in widespread use? Criminal penalties are up to $50,000 and one year in prison for obtaining or disclosing protected health information; up to $100,000 and up to five years in prison for obtaining protected health information under "false pretenses", and up to $250,000 and up to 10 years in . In addition, widely-used licenses and OSS projects often include additional mechanisms to counter this risk. The appearance of hyperlinks does not constitute endorsement by the Department of Defense of non-U.S. Government sites or the information, products, or services contained therein. Atty Gen.51 (1913)) that has become the leading case construing 31 U.S.C. 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 project manager, program manager, or other comparable official determines that it is in the Governments interest to do so, such as through the expectation of future enhancements by others. This way, the software can be incorporated in the existing project, saving time and money in support. About PIEE. 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. The central source for identifying, authenticating, authorizing, and providing information on personnel during and after their affiliation with DoD The one, central access point for information and assistance on DoD entitlements, benefits, and medical readiness for uniformed service members, veterans, and their families. Requiring that all developers be cleared first can reduce certain risks (at substantial costs), where necessary, but even then there is no guarantee. OMB-Approved Planning and Operations Public Surveys PROCESS. Q: Can contractors develop software for the government and then release it under an open source license? There are valid business reasons, unrelated to security, that may lead a commercial company selling proprietary software to choose to hide source code (e.g., to reduce the risk of copyright infringement or the revelation of trade secrets). You must release it without any copyright protection (e.g., as not subject to copyright protection in the United States) if you release it at all and if it was developed wholly by US government employee(s) as part of their official duties. Only some developers are allowed to modify the trusted repository directly: the trusted developers. In the Intelligence Community (IC), the term open source typically refers to overt, publicly available sources (as opposed to covert or classified sources). 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. In nearly all cases, OSS is commercial software, so the policies regarding commercial software continue to apply to OSS. In some cases, export-controlled software may be licensed for export under the condition that the source code not be released; this would prevent release of software that had mixed GPL and export-controlled software. Survey tool user guide reports have migrated to a new cloud environment mission is to provide supplier information to procurement. If the standard DFARS contract clauses are used (see DFARS 252.227-7014), then unless other arrangements are made, the government has unlimited rights to a software component when (1) it pays entirely for the development of it (see DFARS 252.227-7014(b)(1)(i)), or (2) it is five years after contract signature if it partly paid for its development (see DFARS 252.227-7014(b)(2)). No. The Department's adaptability increasingly relies on software and the ability to securely and rapidly deliver resilient software capability is a competitive advantage that will define future conflicts. Even for many modifications (e.g., bug fixes) this causes no issues because in many cases the DoD has no interest in keeping those changes confidential. Choose which Defense.gov products you want delivered to your inbox. Look at the Numbers! As noted above, in nearly all cases, open source software is considered commercial software by U.S. law, the FAR, and the DFARS. As noted in the article Open Source memo doesnt mandate a support vendor (by David Perera, FierceGovernmentIT, May 23, 2012), the intent of the memo was not to issue a blanket requirement that all open source software come bundled with contractor support or else it cant be used If a Defense agency is able to sustain the open source software with its own skills and talents then that can be enough to satisfy the intent of the memo. In addition, How robust the support plan need be can also vary on the nature of the software itself For command and control software, the degree would have to be greater than for something thats not so critical to mission execution. Export control laws are often not specifically noted in OSS licenses, but nevertheless these laws also govern when and how software may be released. Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. This is particularly the case where future modifications by the U.S. government may be necessary, since OSS by definition permits modification. OSS is typically developed through a collaborative process. 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).. Primarily used to provide supplier information to Government procurement and quality assurance personnel,. A weakly-protective license is a compromise between the two, preventing the covered library from becoming proprietary yet permitting it to be embedded in larger proprietary works. It would also remove the uniquely (OSS) ability to change infrastructure source code rapidly in response to new modes of cyberattack. The release may also be limited by patent and trademark law. 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. Completing the COVID-19 information collection survey fail to provide real-time Discovery, analysis, and which. The JKO Help Desk has limited access to phone support at this time,. Note that many of the largest commercially-supported OSS projects have their own sites. SCORE: the integrated, outcomes-predictive, culture and engagement survey for everyone. The 1997 InfoWorld Best Technical Support award was won by the Linux User Community. Web Developer/Information Technology Consultant for California State University - Fullerton, School of Business. The 2003 MITRE study, Use of Free and Open Source Software (FOSS) in the U.S. Department of Defense, did suggest developing a Generally Recognized As Safe (GRAS) list, but such a list has not been developed. 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. This process provides a single, consolidated list of products that have met cybersecurity and interoperation certification requirements. Obviously, contractors cannot release anything (including software) to the public if it is classified. However, software written entirely by federal government employees as part of their official duties can be released as public domain software. If there is an existing contract, you must check the contract to determine the specific situation; the text above merely describes common cases. SurveyMonkey is now federal government approved The Guide to Telework in the Federal Government has been updated to replace the formal guide published in 2011 and is designed to address policy gaps and provide resources to help contextualize the continued evolution of telework as a critical workplace flexibility. OSS can often be purchased (directly, or as a support contract), and such purchases often include some sort of indemnification. SurveyMonkey is also pleased to join the cloud service providers listed on DigitalGov.gov. 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. PURPOSE: The purpose of milSuite is to provide a collection of social business tools for Department of Defense (DoD) personnel (Common Access Card (CAC) enabled approved) that facilitates professional networking, learning, and innovation through knowledge sharing and collaboration. Nov. 1, 2021. Similarly, delaying a components OSS release too long may doom it, if another OSS component is released first. Include upgrade/maintenance costs, including indirect costs (such as hardware replacement if necessary to run updated software), in the TCO. 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