Frequently Asked Questions regarding Open Source Software (OSS) and the Department of Defense (DoD)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 Department of Defense (DoD). The information on this page does not constitute legal advice and any legal questions relating to specific situations should be referred to legal counsel. References to specific products or organizations are for information only, and do not constitute an endorsement of the product/company.A collaborative version of this document is published in Intellipedia-U at.

Jul 09, 2019  This document provides a list of Software Vendors who are certified to submit transactions to CBP via the Automated Broker Interface (ABI). This document further specifies what functions vendors are certified to file ABI transactions. Non NIAP-approved components used in solutions may be listed on the CSfC Components List provisionally until a US Government approved Protection Profile for the technology is available. Once the Protection Profile is available, the company has six months to enter into a Memorandum of Agreement with NSA to remain listed as a CSfC component.

Contents.Defining Open Source Software (OSS) Q: What is open source software (OSS)?The 16 October 2009 memorandum from the DoD CIO, ' 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 that software'.Careful legal review is required to determine if a given license is really an open source software license. The following organizations examine licenses; licenses should pass at least the first two industry review processes, and preferably all of them, else they have a greatly heightened risk of not being an open source software license:. Open source software licenses are reviewed and approved as conforming to the by the. The OSI publishes.

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In practice, an open source software license must also meet the; the GNU project. Fedora reviews licenses and publishes a list of. also examines licenses (for Debian) to determine if they meet the; the lists licenses that are known to pass (or not pass) these criteria.In practice, nearly all open source software is released under one of a very few licenses that are known to meet this definition. These licenses include the, (and its 2-clause variant), the, the versions 2.1 or 3, and the versions 2 or 3. Using a standard license simplifies collaboration and eliminates many legal analysis costs. Q: What are synonyms for open source software?' Open source software' is also called 'Free software', 'libre software', 'Free/open source software (FOSS or F/OSS)', and 'Free/Libre/Open Source Software (FLOSS)'.

The term 'Free software' predates the term 'open source software', but the term 'Free software' has been sometimes misinterpreted as meaning 'no cost', which is not the intended meaning in this context. ('Free' in 'Free software' refers to freedom, not price.) The term 'open source software' is sometimes hyphenated as 'open-source software'.The DoD has chosen to use the term 'open source software' (OSS) in its official policy documents. Q: What are antonyms for open source software?Commercially-available software that is not open source software is typically called proprietary or closed source software. Q: Is this related to 'open source intelligence'?No.

In the Intelligence Community(IC), the term 'open source' typically refers to overt, publicly available sources (as opposed to covert or classified sources). 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.In software, 'Open Source' refers to software where the human-readable source code is available to the users of the software. (see above) Q: Is there a name for software whose source code is publicly available, but does not meet the definition of open source software?At this time there is no widely-accepted term for software whose source code is available for review but does not meet the definition of open source software (due to restrictions on use, modification, or redistribution). Such software could be described as 'source available software' or 'open-box software' (such terms might include open source software, but could also include other software). Obviously, software that does not meet the definition of open source software is not open source software. OSS and DoD Policy Q: What policies address the use of open-source software in the Department of Defense?The following policies apply:. The DoD CIO issued a memorandum titled ' on 16 October 2009, which superseded a May 2003 memo from John Stenbit.

The Department of Navy CIO issued a memorandum with guidance on open source software on 5 Jun 2007. This memorandum only applies to Navy and Marine Corps commands, but may be a useful reference for others. 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. 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.

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. This regulation only applies to the US Army, but may be a useful reference for others. The regulation is available at.In nearly all cases, OSS is commercial software, so the policies regarding commercial software continue to apply to OSS.Q: Isn’t using open source software forbidden by DoD Information Assurance Policy?No. This misconception comes from a misinterpretation of DoD Instruction 8500.2, “Information Assurance (IA) Implementation”, Enclosure 4, control DCPD-1.The control in question reads:DCPD-1 Public Domain Software ControlsBinary or machine executable public domain software products and other software products with limited or no warranty such as those commonly known as freeware or shareware are not used in DoD information systems unless they are necessary for mission accomplishment and there are no alternative IT solutions available. Such products are assessed for information assurance impacts, and approved for use by the DAA. The assessment addresses the fact that such software products are difficult or impossible to review, repair, or extend, given that the Government does not have access to the original source code and there is no owner who could make such repairs on behalf of the Government.This control is intended to limit the use of certain kinds of “binary or machine executable” software when “the Government does not have access to the original source code”.

As clarified in the 2009 DoD CIO Memorandum, this control does not prohibit the use of open source software, since with open source software the government does have access to the original source code.In the; in its section 2.4, it clearly states that DCPD-1 does not apply to open source software, for this very reason. The STIG first notes that 'DoD has clarified policy on the use of open source software to take advantage of the capabilities available in the Open Source community as long as certain prerequisites are met. DoD no longer requires that operating system software be obtained through a valid vendor channel and have a formal support path, if the source code for the operating system is publicly available for review'. It notes in particular that three cases for software are acceptable:. A utility that has publicly available source code is acceptable. A commercial product that incorporates open source software is acceptable because the commercial vendor provides a warranty.

Vendor supported open source software is acceptable.The DISA STIG also notes '4. A utility that comes compiled and has no warranty is not acceptable.' Thus, a program must come with either source code or a warranty; if it has neither, then special dispensation is required, since it difficult to review, repair, or extend the program either directly or via someone else. General information about OSS Q: Is open source software commercial software? Is it COTS?Open source software that has at least one non-governmental use, and has been or is available to the public, is commercial software. If it is already available to the public and is used unchanged, it is usually COTS.U.S. Law governing federal procurement defines 'commercial item' as including 'Any item, other than real property, that is of a type customarily used by the general public or by non-governmental entities for purposes other than governmental purposes (i.e., it has some non-government use), and (i) Has been sold, leased, or licensed to the general public; or (ii) Has been offered for sale, lease, or license to the general public.'

Thus, as long as the software has at least one non-governmental use, software released (or offered for release) to the public is a commercial item for procurement purposes.Similarly, defines the term 'Commercially available off-the-shelf (COTS) item'; software is COTS if it is (a) a 'commercial item', (b) sold in substantial quantities in the commercial marketplace, and (c) is offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace. Thus, OSS available to the public and used unchanged is normally COTS.These definitions in U.S. Law govern U.S.

Acquisition regulations, namely the and the.

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