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    Pentagon: Open source good to go

    Military IT folks wondering if their use of Apache, Perl, Linux
    and other open source software is copacetic with the brass will
    soon get some answers from the Defense Department's Office of the
    Chief Information Officer.


    The office is preparing a memorandum that further clarifies how
    open source may be procured and used within the services.


    The memo should answer many lingering questions still
    surrounding the open source, said Daniel Risacher, the data
    strategy leader for the Office of Secretary of Defense who is
    drafting the memo. The draft may point out some potential benefits
    as well.


    "Those factors that are in favor of open source have not been
    appreciated to date," said Risacher, speaking at the Red Hat
    Government Users and Developers conference, being held today. The
    DOD CIO office is aiming to release the memo by early November.


    From Risacher's description of the draft, the memo may reinforce
    the acceptability of using open source software within the Defense
    Department, as well as for other federal agencies. It may even
    broaden procedures for procuring commercial software.


    "Those mandates [in which] we have to consider commercial
    off-the-shelf software, we have to apply that to open source
    software as well," Risacher said. "And that is not well appreciated
    within government."


    Risacher said that he first started working on the memo last
    summer at the behest of the Defense Deputy CIO, David Wennergren.
    Although widely used in federal government, open source software,
    due to its unusual form of distribution, has raised questions among
    regulation-minded program managers.


    In 2004, the Office of Management and Budget, issued a
    memorandum, M-04-16, that called on agencies to exercise the same
    procurement procedures for open source as they would for commercial
    software, as per guidelines set in OMB Circulars A-11 and A-130 and
    the Federal Acquisition Regulation policies. And in 2003,
    then-defense CIO John Stenbit issued memo reminding services that
    any open source software they use should be held to the same levels
    of security and licensing accountability as commercial
    software.


    The new memo aims to address various questions that have arisen
    since these memos.


    One of the primary issues to be addressed is if open source
    software is a form of commercial off-the-shelf software (COTS). The
    Defense Department has a number of mandates that compel the
    services to seek COTS software packages before commissioning custom
    code. If open source is COTS, then it needs to be included in the
    procurement process.


    It is, Risacher confirmed. Risacher notes that COTS is generally
    defined as "software that is for sale, lease or licensed to the
    public, and is available to the government as well." Open source
    fits under this definition.


    The memo should also dispel lingering ideas that open source
    software may not be used because it is a form of shareware or
    freeware. A 2003 policy, titled InformationAssurance Implementation (8500.2) states that the military
    should not use "freeware" or "shareware" software.


    Risacher noted that the policy stated shareware and freeware
    should not be used because 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," as the policy states.
    Obviously, Risacher argued, open source would not apply to these
    conditions.


    The memo will also confirm that it is acceptable for an agency
    to contribute source code back into a public open source project.
    It is acceptable, Risacher qualified, assuming the agency has the
    rights to the code, that releasing the code is in the government's
    interest and that sharing the code does not violate any other
    government restrictions, such as the International Traffic in Arms
    Regulations (ITAR). Risacher also cautioned that government
    employees may not copyright any work that they do, so any
    contributions will be in the public domain.


    In addition to defining the relationship open source has with
    COTS, shareware and copyright, the memo may also articulate some of
    the possible advantages of deploying open source.


    When we use the term "open source software," we are actually
    talking about three inter-related things, Risacher explained. One
    is the body of code of the software program, which, like the
    software itself, is freely available. Another aspect is the
    development methodology, which encourages volunteer developers to
    help write the code. And the third aspect of open source is the
    licensing, which sets the rules for the lightly-controlled creation
    and usage of the software.


    Defense agencies could benefit from all these aspects, Risacher
    said. By using open-source software, the services can update their
    software as soon as a vulnerability is found or an update is
    needed, rather than wait for the vendor to supply a patch. Open
    source also promises faster prototyping of systems, and lower
    barriers to exit. And if a government-written application is
    released into open source, outside developers could work to fix the
    problem, lowering maintenance costs of software.


    Open source also tends to have fewer restrictions than
    proprietary software, Risacher said.


    "We have a lot of examples of restrictions in end user licenses
    that turn out to prevent the DOD from doing things [it] wanted to
    do," he said. "We find that problematic."



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