[HN Gopher] Bill requiring US agencies to share source code with...
       ___________________________________________________________________
        
       Bill requiring US agencies to share source code with each other
       becomes law
        
       Author : speckx
       Score  : 430 points
       Date   : 2024-12-26 23:57 UTC (23 hours ago)
        
 (HTM) web link (fedscoop.com)
 (TXT) w3m dump (fedscoop.com)
        
       | jmclnx wrote:
       | A worthwhile law, but I have been there many times in the
       | corporate world with various departments required to do the same.
       | 
       | Just saying it (passing a law) will not make it happen, it will
       | require a lot of work on everyone's part. I wish them luck.
        
       | rc_kas wrote:
       | Wow. Some rare good news from the US government.
        
         | 93po wrote:
         | unless this is just an easy money grab for billions in
         | contractors, with senators who own the businesses, to work as
         | hard as possible at non-compliance
        
           | JumpCrisscross wrote:
           | Yes, a thing is not a thing if it's something entirely
           | different.
        
           | Mountain_Skies wrote:
           | Or AI companies looking for more LLM feed material.
        
       | Dalewyn wrote:
       | Generally speaking, anything and everything paid for with
       | taxpayer dollars should be made public. _Public Monies Public
       | Goods_ should be the absolute basis.
        
         | sigzero wrote:
         | Disagree with that in the case of software.
        
           | AdamJacobMuller wrote:
           | Why?
        
           | tracer4201 wrote:
           | What is the downside? I was thinking it could compromise
           | software security, although my layman understanding is we're
           | better off if the open source community finds and makes
           | problems visible?
           | 
           | Or there are other software secrets that we wouldn't want
           | state adversaries to see, like things that block your access
           | under export control laws?
        
           | fortyseven wrote:
           | You provide a convincing argument. My mind is changed.
        
         | drewcoo wrote:
         | So everything from classified material to office memos and
         | personnel records? That's not gonna happen.
         | 
         | If you, at home, pay someone to do work, what exactly do you
         | own beyond the end product?
        
           | chii wrote:
           | some slippery slope arguments are stupid, such as yours.
           | 
           | Obviously you keep personnel records private (unless there's
           | some law/court case requiring it be open). Classified
           | material is already classified, and is kept private
           | regardless - but there's a good argument to be made that
           | there ought to be automatic declassification of material
           | after a set amount of time (perhaps 20-30 years).
           | Declassifying material is good for the public, as the ability
           | to audit the past prevents future abuses.
        
           | falcor84 wrote:
           | This is a strawman.
           | 
           | Not the parent, but I'm pretty sure that their intent is that
           | it's the default that should be flipped. At the moment, all
           | agencies default to confidential, and only share their work
           | in particular cases; the proposed change would be of making
           | all the work transparent unless explicitly classified.
           | 
           | As a good example of how this approach is implemented, see
           | Gitlab, which share pretty much everything except personal
           | data of their employees and customers.
        
         | stonogo wrote:
         | That's already the rule, but the DoD is the only agency who
         | takes it seriously (examples are BRLCAD and FalconView).
         | 
         | This doesn't stop unscrupulous contractors from copyrighting
         | code and charging license fees (see: most DoE code, with
         | exceptions like NWCHEM). I've often wondered why this hasn't
         | resulted in any lawsuits; I suspect the reason is that nobody
         | really cares.
        
           | JumpCrisscross wrote:
           | > _That 's already the rule_
           | 
           | Do you know what law requires it?
        
             | transpute wrote:
             | There was some encouragement in the 2018 NDAA,
             | https://www.meritalk.com/articles/gao-dod-not-fully-
             | implemen...
             | 
             |  _> The report notes that the 2018 NDAA mandated DoD
             | establish a pilot program on open source and a report on
             | the program's implementation. It also says that OMB's
             | M-16-21 memorandum requires all agencies to release at
             | least 20 percent of custom-developed code as open-source,
             | with a metric for calculating program performance._
        
             | stonogo wrote:
             | It's 17 USC 105. Most agencies work around it by hiring
             | contractors, which then leaves the copyright in the hands
             | of the contractor. It's a loophole I'd like to see closed.
        
               | smcin wrote:
               | Are the copyright provisions in govt contracts similar or
               | different to civilian contracts? And does that vary by
               | state much?
               | 
               | Also, do govt software contractors worry much about AIs
               | being trained on their codebases, attribution, etc.?
               | Would that increase under this law?
        
               | stonogo wrote:
               | It depends on the contract. In the DOE system it's
               | usually national lab employees working under direct
               | funding; in that case the operating contractor retains
               | copyright. In the DOD world it's more common for
               | development to be actual USG employees, in which case
               | there is no copyright and the software is public domain.
               | 
               | None of this applies to state or local government: 17 USC
               | 105 applies only to federal matters.
               | 
               | Attribution tends to be important to DOE people since
               | they're usually academics working in the purview of
               | Office of Science, and citations are how they get
               | promoted.
               | 
               | I don't think anyone worries about AI training on their
               | codebases, since LLM providers are not held accountable
               | to any copyright enforcement anyway.
        
               | smcin wrote:
               | You misunderstood my point about govt software
               | contractors needing to worry about AIs being trained on
               | their codebases: for their job security, automating and
               | replacing them. Specifically, if the govt tries to do the
               | same things we see in commercial SW devpt.
               | 
               | (Not copyright claims against commercial LLM companies).
        
               | stonogo wrote:
               | I don't think anyone in that space really worries about
               | being replaced by AI, because it's not really up to the
               | task of replacing anyone.
        
               | Mountain_Skies wrote:
               | If that were implemented at lower levels of government,
               | it could increase costs for some while reducing it for
               | others. If you're the State of Kansas and want to have
               | software written for management of toll roads and toll
               | payment accounts, you can spend a bunch of money
               | developing it yourself, and then other states can
               | freeload off your work. Or you can contract it out. If
               | that contractor can then sell that same solution to other
               | states, they can offer a lower rate to Kansas. But if
               | they have to make their code available to all, they'll
               | have to charge Kansas the full cost of development. If
               | you're Nebraska and want to do the same thing as Kansas a
               | few years later, you get a benefit from the spending
               | Kansas has already done. Nebraska wins, Kansas loses.
        
               | stonogo wrote:
               | It's more common for state governments to join forces to
               | define standards for data, performance, features, and
               | interoperability, and then require contractors to comply
               | in the contract language.
               | 
               | I'm not aware of many contracts for bespoke software in
               | the state government space; it's far more frequent that
               | someone identifies a need and then develops a solution to
               | bring to market.
        
           | dgfitz wrote:
           | Were you also afflicted with FalconView? My condolences.
        
             | stonogo wrote:
             | I'm not going to claim it was fun, but it sure beat using
             | one of those standalone nav calculators!
        
         | hipadev23 wrote:
         | Sorry no. Because China. The US gov should be keeping their
         | code, including their shitty overpriced contractor shit-code,
         | private.
        
           | Mountain_Skies wrote:
           | The United States is a primarily open society. Keeping
           | something as easily transportable as source code from another
           | nation-state is nearly impossible. Even during the Cold War,
           | the Soviets were able to accelerate the development of Buran
           | due to how much information they were able to get about the
           | US Space Shuttle. Things were far less connected and far more
           | secure back then. Today it would be incredibly difficult to
           | secure so much source code.
        
         | Mountain_Skies wrote:
         | It's interesting that some municipalities copyright their laws
         | to keep other municipalities from copying them without payment.
         | On one hand, I can understand them seeing other places as
         | freeloaders, benefiting from the taxpayer funded code of laws
         | without their own taxpayers contributing to the creation of
         | laws primarily applicable to local municipalities. On the other
         | hand, it just seems weird for laws to restricted by copyright.
        
       | coopreme wrote:
       | Good intentions but I don't expect much to come except contractor
       | 1's would-be competitors closing the gap or using this to throw
       | stones based on existing contract code quality. It is easier to
       | write code than it is to read code!!
        
         | timschmidt wrote:
         | > I don't expect much to come except contractor 1's would-be
         | competitors closing the gap
         | 
         | That means increased competition and reduced costs for the
         | government.
         | 
         | > or using this to throw stones based on existing contract code
         | quality
         | 
         | That means code review, which results in improved code quality
         | one way or another.
         | 
         | I fail to see the problem here.
        
           | coopreme wrote:
           | That's cool. These are my expectations. Company 1 wins
           | contract and builds something, key team members are
           | experienced with making and navigating the "process". Company
           | 2 copy/pastes. They have not performed any work yet but they
           | entered a bid X years later and bring up the years of
           | "mediocre" dev Company 1 has done. There is only existing
           | company 1 work and only hope of company 2. Contracting
           | Officer chooses company 2 because promises sound good!
           | 
           | Reality, company 2 wins on cost and doesn't understand the
           | context of what was built or the environment it was built in.
           | They don't understand the costs as they didn't pay them.
           | Company 2 quickly proposes "full rewrite!" Lower cost labor
           | they brought in can't perform and quality degrades till we
           | have (insert Gov software program here).
           | 
           | Or it doesn't happen.
        
             | angled wrote:
             | Ideally, a body such as NIST would become the stewards of
             | federal libraries that contractors are then compelled to
             | use and improve. If the end goal is about cost efficiency
             | more than any other ideal or objective, then that type of
             | centralisation and reuse should be promoted and enforced.
        
             | timschmidt wrote:
             | Organizations often make a few missteps before figuring out
             | what works. Some amount of failure is to be expected when
             | doing anything on the scale of a nation. At least if
             | everything's open, each attempt has the opportunity to
             | learn from the last and can be evaluated on it's merits in
             | comparison. It's also likely that other organizations will
             | find some of the software useful.
        
             | franga2000 wrote:
             | I'm not familiar with US government procurement, but the
             | way public tenders for software work in the EU, this isn't
             | that likely to happen. You need some serious references to
             | even qualify for most tenders, especially the kinds that
             | this would be a problem for. Without serious corruption,
             | you're not getting it. And with serious corruption, having
             | seen the code won't make a difference.
        
       | jasonlfunk wrote:
       | It's hard to know what they hope to accomplish with this bill.
       | Anytime you develop custom code, it's because you need something,
       | well, custom.
       | 
       | What are the chances that something custom built for one agency
       | is going to be at all useful to the custom needs of another
       | agency?
        
         | monetus wrote:
         | You would think some "glue code" around their databases could
         | maybe be shared, or eventually converge. How they handle forms?
         | Something.
        
         | chii wrote:
         | by arguing the need to be sharing code (despite it not being
         | the logical thing to do), you end up with (sub)contractors who
         | will have more work to do to comply, and to make an otherwise
         | simple system more complex by virtue of having to shove two
         | separate systems together in one, so that they could be shared
         | between agencies!
        
           | JumpCrisscross wrote:
           | > _by virtue of having to shove two separate systems together
           | in one, so that they could be shared between agencies_
           | 
           | Where does the bill require interoperability?
        
         | Terr_ wrote:
         | I think you're confusing share (make available) with share
         | (mandatory reuse).
        
         | dgrin91 wrote:
         | Almost 100%. Most 'custom code' I've written in my career for
         | various employers, customers, clients, etc has been very
         | similar.
         | 
         | Business logic tends to be <10%, the rest is just integrating
         | stuff and piping data.
        
         | Mountain_Skies wrote:
         | Might not be directly useful to most people but for AI
         | companies looking for more material for their LLMs to consume,
         | it would be a goldmine.
        
       | anonymousiam wrote:
       | This would have been useful to me 10 years ago when I was trying
       | to get my hands on Ghidra within channels.
        
         | greyface- wrote:
         | 4(a)(1)(B) NATIONAL SECURITY.--An exemption from the
         | requirements under section 3 shall apply to classified source
         | code or source code developed--[...](ii) by an agency, or part
         | of an agency, that is an element of the intelligence community
         | (as defined in section 3(4) of the National Security Act of
         | 1947 (50 U.S.C. 3003(4)).
         | 
         | https://www.congress.gov/bill/118th-congress/house-bill/9566...
        
       | hermannj314 wrote:
       | What's the cynical scam angle for this bill?
       | 
       | If agencies share code, there will be a need for coordination of
       | changes, someone makes extra money in the process? i.e. a small
       | contractor doesn't get the change request because only some big
       | player can handle the complexity of a mutli-agency contract?
       | 
       | The government is full of cronies, this bill was passed because
       | someone has plans to use it to screw us all over.
        
         | somenameforme wrote:
         | I'd expect some tech guys in one branch wanted access to some
         | relevant/useable code from another branch, the other branch
         | refused for whatever reason, and we get bickering that
         | eventually makes its way up.
        
           | smcin wrote:
           | Any informed specilation on which branch wanted to use which
           | branch's code?
        
         | smitty1110 wrote:
         | Read section 4 of the law, especially the automatic exemptions.
         | Lots of stuff isn't covered.
        
           | hermannj314 wrote:
           | I have read section four. How does it connect with my
           | comment? I'm not sure what an automatic exemption is?
           | 
           | I speculated this bill may feel good, but like all things in
           | the government, was only passed because wealthy cronies have
           | determined it is a net good for them in the long run.
           | 
           | What connection am I missing?
        
         | thebigspacefuck wrote:
         | I've heard some contractors intentionally license source code
         | they provide in a way that it can't be reused and if it can
         | only if they provide it to you again, so the government
         | basically pays for the same code over and over. Even if it's
         | highly reusable. Maybe this will help with that?
        
       | jtaft wrote:
       | How does this affect exploits?
        
         | potato3732842 wrote:
         | That's my first thought. The NSA and CIA probably have all
         | sorts of in-house developed source for all sorts of evil things
         | that they sure won't be sharing.
        
         | cmg wrote:
         | From the article:
         | 
         | > The new law doesn't apply to classified code, national
         | security systems or code that would post privacy risks if
         | shared.
        
         | maxloh wrote:
         | That sounds like a security nightmare. A single accidental
         | exploit in one agency could easily spread to others reusing the
         | same code.
         | 
         | Now, imagine if that exploit was instead intentionally planted
         | by a foreign spy, targeting common use cases...
        
           | treyd wrote:
           | This is just another form of the "security through obscurity"
           | argument used against foss in general. Many eyes make all
           | bugs shallow.
        
       | throwup238 wrote:
       | _> Under the law, agency chief information officers are required
       | to develop policies within 180 days of enactment that implement
       | the act. Those policies need to ensure that custom-developed code
       | aligns with best practices, establish a process for making the
       | metadata for custom code publicly available, and outline a
       | standardized reporting process.
       | 
       | > Per the new law, metadata includes information about whether
       | custom code was developed under a contract or shared in a
       | repository, the contract number, and a hyperlink to the
       | repository where the code was shared._
       | 
       | Sadly it doesn't sound like the law requires agencies to make the
       | code publicly open source, it just requires inter-agency sharing
       | (bill full text [1]). They only need to share "metadata"
       | publicly.
       | 
       | [1] https://www.congress.gov/bill/118th-congress/house-
       | bill/9566...
        
         | throwaway314155 wrote:
         | I feel like the posted headline makes that sufficiently clear.
        
         | userbinator wrote:
         | I get suspicious any time the word "best practices" appears,
         | because it's likely to just encourage more bureaucratic cargo-
         | culting.
        
           | vegetablepotpie wrote:
           | I mean, it's not like we've ever seen this with the agile
           | movement /s.
           | 
           | I've gone through "agile transitions" in government
           | contracting, at a high level it starts out with a high
           | concept idea of reducing lead times and increasing
           | productivity. Then directives get handed down through layers
           | of management, the decision is made to adopt Scrum or _SAFe_
           | (tm), that gets handed down to middle management, who tailor
           | the process in ways that specifically benefit themselves, and
           | you end up with _waterfall done poorly and with extra steps_
           | (tm).
           | 
           | What will happen is that there will be very loose definitions
           | of source code and flexible definitions timing when code is
           | released. If an agency does not want to share, they'll find a
           | way to evade, and still check off the box.
        
             | smcin wrote:
             | Sure, but won't there also be some agencies who voluntarily
             | implement sharing in the spirit of the law? And won't that
             | be positive for them and their dept's reputation?
        
           | bitwize wrote:
           | Yes. Always interpret "best practice" as "what you won't get
           | fired for doing".
        
             | dboreham wrote:
             | I've signed many contracts with this clause. I've always
             | interpreted it as "if you post what you did on HN and
             | everyone responds saying you clearly shouldn't have done
             | that", then it isn't best practice.
        
           | fweimer wrote:
           | I don't know. For a start, a working bureaucracy would tell
           | you that you must use the term "recommended practices"
           | instead.
        
         | ryao wrote:
         | Some things, like ZFSOnLinux are already shared publicly. The
         | repository is now the OpenZFS repository and it has made many
         | people's lives better. I know it has made my life easier. The
         | open source development model benefited LLNL, which got a much
         | better code base than they would have developed on their own.
         | :)
         | 
         | There are other things already shared publicly like NASA IKOS:
         | 
         | https://github.com/NASA-SW-VnV/ikos
         | 
         | That one gets far less attention from third parties than it
         | should. If it could be developed into a general purpose sound
         | static analyzer that handles multithreading, it would help to
         | improve many other projects.
        
         | JumpCrisscross wrote:
         | > _Sadly it doesn 't sound like the law requires agencies to
         | make the code publicly open source, it just requires inter-
         | agency sharing_
         | 
         | This is a good first step. The next would be sharing with
         | states, municipalities and universities. Public sharing
         | disperses a lot of IT responsibility that presently doesn't
         | exist.
        
           | nyclounge wrote:
           | Yes it is better than NOT sharing!
           | 
           | What would be more interesting is to require all private
           | companies who are doing US government contracts, especially
           | the ones who are handling classified projects to do the same
           | as these US agencies!!!
        
             | transpute wrote:
             | Gov-acquired software can be architected to separate open-
             | source components from classified components. This enables
             | reuse of commercial (open or closed) software with the
             | economics and rapid iteration of larger markets. For open-
             | source components, this enables public collaboration on
             | COTS, with non-public collaboration on classified GO(v)TS
             | components.
        
               | emptiestplace wrote:
               | Who is going to pay for this?
        
               | transpute wrote:
               | It's practical for software vendors on platforms [1] with
               | virtualization, which have been gradually increasing over
               | the past decade, including Windows, ChromeOS and Android.
               | 
               | [1] https://www.intel.com/content/dam/doc/case-
               | study/enterprise-...
        
               | emptiestplace wrote:
               | I'm a little lost, but it seems like you aren't - how
               | does virtualization help with the actual work of
               | splitting codebases into reusable components?
        
               | transpute wrote:
               | It doesn't help with doing any splitting (e.g. 20 years
               | ago) but in current era where software is architected as
               | micro-services and packaged for containers and VMs,
               | software is more likely to be "born as reusable
               | component".
        
               | RobotToaster wrote:
               | Pretty sure this is how BRL-CAD works, most of the
               | software is open source, but there are a few classified
               | extensions not released.
        
               | transpute wrote:
               | Thanks for the pointer,
               | https://en.wikipedia.org/wiki/BRL-CAD
               | 
               |  _> The BRL-CAD source code repository is the oldest
               | known public version-controlled codebase in the world
               | that 's still under active development, dating back to
               | 1983-12-16 00:10:31 UTC._
        
             | emptiestplace wrote:
             | This is beautiful, do you think we might be going in such a
             | direction?
        
           | fweimer wrote:
           | And they will eventually learn that it's easier to share with
           | the public at large than with a neighboring department.
           | 
           | At least that's my experience in a commercial setting: it's
           | easier to publish something without restriction than to share
           | it with a specific hardware or software partner only. The
           | latter creates all kinds of questions around neutrality,
           | applicability of NDAs, licensing, and so on.
        
         | prpl wrote:
         | Most DOE contracts (the ones the government has with the
         | university or consortium running the lab) usually say something
         | to the effect of "unless you can prove this source code is
         | marketable/SBIR worthy, you can keep it private or open source
         | it (but not under the GPL). There's exceptions, but the
         | reasoning was also there to say that _other_ contractors should
         | retain the ability to modify source code and similarly not
         | release it (presumably defense was my guess).
         | 
         | So the bar has been high to keep it private for $$$ reasons,
         | but you could always keep it private for any other reason.
         | 
         | DOE Code is the program that ostensibly tracks the open source
         | software, usually just through github organizations. OSTI is
         | the division that tracks all IP and research.
        
         | bboygravity wrote:
         | It also doesn't require agencies to do anything since some
         | agencies have more power than the government and government law
         | is thus irrelevant to them.
         | 
         | Example: Snowden revelations.
        
         | smitty1110 wrote:
         | > IN GENERAL.--This Act shall not apply to classified source
         | code or source code developed primarily for use in a national
         | security system (as defined in section 11103 of title 40,
         | United States Code).
         | 
         | The exemptions are extremely broad in section 4 of the act. I
         | don't expect anything interesting to come of this reporting. Or
         | for any money to be saved.
        
           | 0x0203 wrote:
           | And I imagine there will likely be a sudden increase in the
           | number of classified software projects and national security
           | systems in the next 180 days. This may very well be another
           | case of a law trying to make things better, but ultimately
           | having the opposite effect.
        
         | tomohawk wrote:
         | Even worse, it requires establishing new policies and staffing
         | enforcement. They'll need to throw bodies at this effort, and
         | so people building sytems will have even more pesky forms and
         | policies and permissions to deal with. This will add cost and
         | have very little, if any, positive impact.
        
           | com wrote:
           | This is typically the "smart but cynical" position I hear
           | from some bureaucratic actors and those who aspire to become
           | like them.
           | 
           | It's the sophisticated version of "Don't attempt any change"
           | brigade's position.
           | 
           | My observations from a lifetime in very large, cumbersome
           | orgs is that improvement only comes from change and in highly
           | dysfunctional, low-performance and low-ambition environments
           | almost any reasonable change, supported by a really tiny
           | number of engaged participants with a clue, leads to outsized
           | positive step changes.
           | 
           | Even better, doing this as a sustained, tide-coming-in
           | approach over several years can create more engaged people
           | with a clue and slow transition to high-ambition, moderate-
           | to-good performance cultures.
           | 
           | It's worth the effort if you're not doing it alone, and know
           | that all the attempts pay off as part of a cumulative push.
           | It changes lives both in the service delivery org, as well as
           | those they're supposed to support.
        
             | photonthug wrote:
             | Sounds like you came through frustrated cynicism yourself
             | to a kind of enlightened optimism and want to call it
             | realist. I really appreciate this point of view and I'd
             | like to get there myself, but here's the rub:
             | 
             | > tide-coming-in approach over several years
             | 
             | This phrase does a bunch of work, and seems to _almost_
             | agree with the cynical perspective that individual small
             | positive changes (or the more common failed attempt at the
             | same) are futile. But if the difference between optimism
             | and cynicism was only a matter of being patient and
             | persistent, then we should be able to observe things
             | getting better over time in a relatively consistent way.
             | 
             | Is that happening? Honest question, what large
             | organizations can we point to that are better or more
             | effective than they were 5, 10, 50 years ago? (And: for any
             | situations where improvement happened, was it really a tiny
             | number of engaged participants doing bottom-up change, or
             | was it top-down change by some kind of executive decree?)
             | 
             | Youth without perspective will have a hard time answering
             | maybe, but if the youth and wise old heads are both
             | trending cynical at the same time then maybe the cynical
             | position is actually true, and patience/perspective are
             | simply not as relevant as the optimist would hope. My own
             | experience is probably somewhere between youth/wisdom, and
             | I tend to avoid large orgs as much as possible! But as an
             | outsider, it looks like large orgs are _all_ dysfunctional
             | by default and only get more dysfunctional over time, with
             | or without external pressures forcing that situation. Maybe
             | there 's a bureaucratic version of the laws of
             | thermodynamics at work here.. the phenomenon of entropy
             | isn't really cynical or optimistic or pessimistic after
             | all, it's just the way things are.
        
               | com wrote:
               | Some people jump early. I've stayed long enough - or
               | returned later on request after doing a startup - to see
               | whole orgs and product lines in telcos (!!), banks (!!!)
               | and even government agencies (yeah, wasn't really
               | expecting that tbh) getting structurally better over time
               | due to concerted effort of a relatively small group of
               | folks.
               | 
               | I've been part of turnarounds where senior execs have
               | said that the three hundred people here will lose their
               | job if nothing changes. I still talk to some of those
               | teams that transformed themselves and others, and made
               | it.
        
       | johndhi wrote:
       | I expect secrets to be shared in that code and data breaches to
       | follow (not that they wouldn't anyhow...)
        
       | Frummy wrote:
       | Awesome. I remember the pain of not even being able to read code
       | within one and the same organisation, stuff like this I imagine
       | will make work easier for anyone who builds top-down mental
       | models.
        
       | yieldcrv wrote:
       | Deloitte in shambles
        
       | dgrin91 wrote:
       | I wonder how this works for defense/law enforcement agencies. Do
       | they get some special carveout?
        
         | mlindner wrote:
         | That's stated in the article.
        
         | pigbearpig wrote:
         | > The new law doesn't apply to classified code, national
         | security systems or code that would post privacy risks if
         | shared.
         | 
         | Seems pretty clear they would.
        
           | dgrin91 wrote:
           | Ah, thanks! Missed that.
        
       | PaulWaldman wrote:
       | This article references "custom code." What about custom
       | applications?
       | 
       | Are all government contractors required to provide the source
       | code for all developed applications? Or does this bill only apply
       | to contracts where the deliverables actually include source code?
        
       | transpute wrote:
       | U.S. DoD has an FAQ on open-source software,
       | http://dodcio.defense.gov/OpenSourceSoftwareFAQ.aspx &
       | https://github.com/risacher/DoD-OSS-FAQ
       | 
       |  _> This version is being posted to GitHub as an experiment in
       | collaborative tools for public engagement of government policy
       | documents. Suggestions for changes or additions to this document
       | by military or civilian personnel, contractors, and private
       | citizens may be submitted as pull requests.._
       | 
       | (2010) https://www.youtube.com/watch?v=WWt0YiXcEkE
       | Dan Risacher, from the DoD CIO's office, and open source security
       | expert David A. Wheeler break down the history and ramifications
       | of the recent DoD memo, which makes clear the Department of
       | Defense's stance that open source is a viable, commercial form of
       | software.
       | 
       | (2024) https://openssf.org/press-release/2024/10/29/openssf-
       | expands...                 [Linux Foundation] OpenSSF recognizes
       | the need for security education.. said David A. Wheeler,
       | director, open source supply chain security at OpenSSF..Since its
       | inception, more than 25,000 individuals have enrolled in this
       | course material.
        
       | doubleorseven wrote:
       | This is great.
       | 
       | In my country agencies use code as trade like "i will give you
       | the code to generate holograms to by pass video KYC and you will
       | give me men power to spread fake news".
       | 
       | Because there is no sharing, agencies spend a lot of money
       | developing multiple versions of the same need, not all with great
       | success. This bill should take you further in terms of quality
       | and advantage.
        
       | m463 wrote:
       | > ...collaborative software companies Atlassian and GitLab Inc.
       | backed the legislation.
       | 
       | lol :)
        
       | somenameforme wrote:
       | "The new law doesn't apply to classified code, national security
       | systems or code that would post (sik) privacy risks if shared."
       | 
       | What sort of code would pose privacy risks if shared? That sounds
       | like some nasty intermixing of code and data.
        
         | bigstrat2003 wrote:
         | > "The new law doesn't apply to classified code, national
         | security systems or code that would post (sik) privacy risks if
         | shared."
         | 
         | Ironically, it's "sic", not "sik". Muphry's Law got you when
         | you weren't looking. ;)
        
           | Dalewyn wrote:
           | >Muphry's Law
           | 
           | EDIT: TIL this is a law of its own. Happy New Year!
        
           | treetalker wrote:
           | Muphry's Law:
           | 
           | "If you write anything criticizing editing or proofreading,
           | there will be a fault of some kind in what you have written."
           | 
           | https://en.wikipedia.org/wiki/Muphry's_law
        
         | franga2000 wrote:
         | No real risks, but this gives them a convenient excuse not to.
         | I've had companies and government agencies refuse FOIA requests
         | for technical documentation on privacy grounds because "it
         | applies to a system that processes personal information", with
         | some adding that "knowing the inner-workings of the system
         | would lead to a likely compromise of the system".
         | 
         | Yes, government contractors will gladly admit between the lines
         | that their code is garbage and they largely rely on security
         | through obscurity. And the information comissioner has agreed
         | with them a few times!
        
         | Xen9 wrote:
         | There's no difference between the two.
        
         | kube-system wrote:
         | Any sufficiently custom code will have features that give away
         | a lot of information about the subject matter.
         | 
         | As an example, think about what you might see in Excel
         | formulas.
        
       | lifeisstillgood wrote:
       | So I tried (!) campaigning for a full OSS model
       | (https://web.archive.org/web/20200920095030/http://oss4gov.or...)
       | based on the idea that public money means public shoukd see what
       | comes from the money.
       | 
       | To me the default for any government software should be OSS
       | unless ministerially signed off.
       | 
       | But I was young and naive
        
         | input_sh wrote:
         | FSFE shares your opinion across the pond:
         | https://publiccode.eu/en/
        
         | badgersnake wrote:
         | I don't think that's so controversial, neither does the UK
         | government - https://www.gov.uk/service-
         | manual/technology/making-source-c...
        
           | lifeisstillgood wrote:
           | This was starting sometime in 2010, as gov.uk was gearing up
           | IIRR, plus most people you talked to at the time in local
           | government would just stare and not have a clue about open
           | source. We have honestly come a very long way (I reckon we do
           | a "generation" each decade - making me a third time around )
           | 
           | However - as always, we have not come Far enough
        
         | calebh wrote:
         | I've worked at military contractor jobs for years, and there
         | are many people there who believe this - if the taxpayer is
         | paying and the software isn't classified, then it should be
         | open source.
         | 
         | Ghidra is a great example of this, and having this software be
         | free has been of great benefit to the security community.
        
       | _kb wrote:
       | This is great. I've spent some time working with gov teams where
       | this is recommended practice [0]. In many cases though codifying
       | as a requirement is still needed for that recommendation to be
       | followed. This is particularly true for those who have not been
       | part of OSS community before, which is common in public service.
       | 
       | As others have highlighted, public funds should lead to public
       | good and open source is a great way to increase that benefit.
       | 
       | [0]: https://www.forgov.qld.gov.au/information-and-
       | communication-...
        
       | briandear wrote:
       | Couldn't source code be requested under FOIA? It's technically a
       | government document.
        
         | ibigb wrote:
         | Yes it can; I've done this in the past.
        
       | austin-cheney wrote:
       | For those of you with no government experience I suspect you have
       | absolutely no idea why this is so challenging.
       | 
       | The military is allergic to internal software. First of all you
       | have to understand IT in the military is a different world far
       | beyond your imagination because everyday they are under attack by
       | the best nation-state cyber intrusion people on the planet. Your
       | start up will never experience this and the mega corp, like
       | Facebook will only just barely experience anything like this
       | because it's just not that important. The only commercial
       | organizations that even come remotely close to what the military
       | experiences daily are large financial organizations. Also, don't
       | forget the US military is the largest single employer on the
       | planet, like 4.5 Walmarts.
       | 
       | So the military monitors everything at multiple levels. That also
       | means locking things down to approved software lists at different
       | levels. The people writing the security policies and/or
       | performing the monitoring likely aren't experienced software
       | directors. They look at things like NPM and Maven and just see
       | unlimited attack vectors from people who have no idea about
       | security, and they aren't wrong.
       | 
       | Then in the civilian and contractor space where do you put the
       | code. If it's paid for by the government then it's owned by the
       | government otherwise the contractor company wants to own it
       | completely separated from the government so they can charge the
       | government for it. Then consider if it's a subcontractor not
       | aligned to the financial goals of the prime contractor. Even when
       | the government wants to do the right thing it's complicated. As a
       | software guy under a non managing co-prime I really don't give a
       | shit and say just give the government everything and it's weird
       | to see people try to throw up layers, especially since the
       | government side is always less restricted because they almost
       | always achieve vastly superior security accreditation on their
       | infrastructure.
        
         | anshumankmr wrote:
         | >They look at things like NPM and Maven and just see unlimited
         | attack vectors from people who have no idea about security, and
         | they aren't wrong.
         | 
         | Then what do they do? Aren't there tools to check for security
         | vulnerabilities in the market like Sonar Qube? Wouldn't (or
         | couldn't) the millitary run a beefed up version of that and
         | developers can't check in code without ensuring 100% compliance
         | to security vulnerabilities
        
           | NegativeK wrote:
           | I'm not sure what the military does, but automated scanners
           | will never be a panacea.
           | 
           | And I encourage open source devs who get security compliance
           | demands without patches or significant collaboration to ban
           | the person filing the issue.
        
             | teitoklien wrote:
             | Haha, very true. It is insane how demanding and toxic some
             | "developers" can be towards opensource creators and
             | maintainers, as if they own them.
             | 
             | But on the other hand, open source or giving things out for
             | free for people to try out and use is also a great way to
             | find interesting friends who just want to build cool stuff
             | together, and make new friends along the way :D That part
             | is prolly the only reason why I like opensource so much, it
             | attracts certain kinds of interesting people depending on
             | the project you're working on.
        
           | linuxftw wrote:
           | Lots of audit and compliance tooling exists. What happens is
           | they turn on a new datacenter, get 150k vulnerabilities, and
           | then try to address them one by one. There's a lot of dead
           | weight and incompetence in government IT.
        
           | cess11 wrote:
           | Look at JVM exploits from the last years. They're usually
           | chains of quite clever hops, for example from a serialisation
           | or deserialisation vulnerability. Sonar is not going to help
           | you with that and when something like it pops up it might
           | already have been used 'in the wild' for some time, and then
           | you have the problem of rolling out patches into the field.
           | 
           | You'd be better off going back to Ada.
        
             | sk5t wrote:
             | > JVM exploits from the last years
             | 
             | Entirely user/library serialization or fine cryptographic
             | issues, and not the VM, no?
        
           | austin-cheney wrote:
           | They use approved software lists containing a list of
           | software that is already approved, by vendor version number,
           | for use within your organization. There are teams that
           | analyze popular commercial software for approved usage, often
           | including source code inspection. Bank of America does the
           | same thing.
        
           | jandrewrogers wrote:
           | Tools like Sonar Qube are pretty shallow. Anecdotally, a
           | robust development process will produce software that always
           | reads clean on those scanners even if those scanners are not
           | part of your development process. They detect defective
           | development processes more than they detect defective code or
           | designs.
           | 
           | Parts of the US DoD do have more rigorous testing that is
           | considerably broader in scope than commercial linters and
           | such, and evaluates for threats that commercial systems don't
           | consider. Many of these tests reliably break open source
           | software. It is unclear how thorough or exhaustive these
           | audits or tests are -- it can be quite opaque. For good or
           | bad, having been through several serious security audits by
           | multiple organizations, my software always came back clean so
           | it is difficult to calibrate their sensitivity from the
           | outside.
        
         | notesinthefield wrote:
         | I quit contracting when over the course of a year I spoke to
         | other sec teams in my branch, around my customers branch, my
         | local contractor network and several vendors that told me
         | another service branch had completed my exact project years ago
         | and "why dont you just talk to them" was met with stares from
         | my gov customer. Then you understand the racket that is gov
         | contracting and why things take years longer than they should.
        
         | Someone1234 wrote:
         | The depiction of the military's IT as nearly impregnable
         | overlooks the widespread issues with outdated infrastructure
         | and cumbersome policies that significantly impair its
         | effectiveness.
         | 
         | While I'll acknowledge that certain areas within the US
         | military might experience the level of threat and security
         | sophistication described, the broader landscape is fraught with
         | legacy systems that struggle to integrate modern solutions or
         | best practices. These outdated systems/workflows/bureaucracy
         | often result in inefficiencies and vulnerabilities rather than
         | providing superior security.
         | 
         | You never hear about the US military getting broken into, not
         | because it doesn't happen, but because it is classified when it
         | does. Avoiding public embarrassment is the No.1 use of
         | classification, resulting in this type of belief in their
         | competence. I'd put Facebook ahead of the US military any day
         | of the week, and it ain't close (who incidentally are a payment
         | processor).
        
           | simoncion wrote:
           | > The depiction of the military's IT as nearly impregnable...
           | 
           | Where was this depiction made by the OP? I only see
           | descriptions of IT infrastructure that's under attacks of a
           | nature and scale that not even software megacorps will ever
           | see.
        
           | FuriouslyAdrift wrote:
           | The infra for JWICS is pretty darn good. All the security
           | failures have been at the human layers.
        
             | whatshisface wrote:
             | Somehow I am a little skeptical that knowledge of all JWICS
             | security failures just got leaked here. :-)
        
         | georgeplusplus wrote:
         | >>>Your start up will never experience this and the mega corp
         | 
         | You writing this makes me believes you don't work around or
         | with the IC and speaking out of your lane.
        
           | no_wizard wrote:
           | Its very likely any given startup will _not_ be attacked by
           | nation state backed hackers continually, 24 /7 365. I don't
           | think this is off base at all.
        
             | georgeplusplus wrote:
             | >>> it's very likely any given startup will not be attacked
             | by nation state backed hackers.
             | 
             | On what assumption do you base this? Startups that have
             | high research value don't hit your radar as a target?
             | 
             | And Really? Any given startup? Also the OP used Facebook.
             | 
             | I am baffled at your sense of security in nation state
             | activity. Read the 2012 annual report to Congress about
             | China. They collect everything.
        
               | no_wizard wrote:
               | You're misunderstanding.
               | 
               | Resources even for nation states are finite. At minimum
               | attention is a finite resource that limits ongoing
               | operations. Active high value targets make sense:
               | defense, infrastructure, finance and even to some extent
               | media.
               | 
               | With that in mind, do you really think they're interested
               | in a startup that optimizes Google ads? Or how about
               | postgres as a service with no clients of interest?
               | 
               | It's not that I feel a sense of security but the low
               | success rate script based attacks aren't what I'm talking
               | about here (or for that matter things like perpetual port
               | scanning of the internet. Every entity seems to do this
               | looking for holes), we are talking about active
               | operations by skilled attackers. There is only so much of
               | that to go around.
        
           | austin-cheney wrote:
           | I don't provide dedicated security services to start ups, so
           | maybe I am outside my lane. However, it is my baseless
           | assertion that nation-states are not dedicating entire teams
           | and months of social-engineering research to backdoor a
           | startup for non-monetary motives. I also suspect startups do
           | not own the entirety of their own distribution infrastructure
           | in production from the wheels, through the ISP, to the local
           | keyboard.
        
             | 420official wrote:
             | The US Army at least uses Azure and AWS govcloud and not
             | their own infrastructure. I don't think this takes away
             | from your points though, the infrastructure is very locked
             | down and meticulously managed and approved.
        
               | scottyah wrote:
               | It's not one or the other, they use both third party
               | cloud and a lot of their own infra.
        
         | derangedHorse wrote:
         | > Your start up will never experience this and the mega corp,
         | like Facebook will only just barely experience anything like
         | this because it's just not that important
         | 
         | I guess someone who's never worked there could say this.
         | Facebook is a treasure trove of data for details on domestic
         | and foreign politicians.
        
         | ukd1 wrote:
         | The MoD of India is larger, fyi.
        
           | skyyler wrote:
           | I assumed it would be much larger, but it's a fraction of a
           | percent larger:
           | 
           | https://en.wikipedia.org/wiki/List_of_largest_employers
           | 
           | That's actually kind of shocking to me given the difference
           | in population between the countries.
        
             | quickthrowman wrote:
             | It shouldn't be that shocking, the United States is the
             | only country able to project military power globally. India
             | can't even provide basic sanitation for all of its
             | citizens.
        
               | ls612 wrote:
               | Poor countries can have enormous armies. The PLA during
               | the late 1970s had like 5 million people in the ground
               | forces alone. They have since cut that number by over 2/3
               | as they modernized.
        
             | amenhotep wrote:
             | Indian MoD 200,000 civilian employees, US DoD over 700,000
             | civilian employees - _that 's_ the part where the
             | difference you'd expect shows up, not in the raw number of
             | soldiers.
        
           | austin-cheney wrote:
           | Thanks for pointing that out. I had no idea.
        
         | simoncion wrote:
         | > ...I really don't give a shit and say just give the
         | government everything and it's weird to see people try to throw
         | up layers...
         | 
         | Yeah, this always struck me as so strange. I worked at a
         | contractor where our customer really did own all of the
         | deliverables, but I had peers who worked at contractors where
         | that wasn't the case. To them, I was all like, "Guys. Our tax
         | money is paying for this. Why are you rooting for pulling money
         | out of everyone's pocket to massively enrich a few fat cats and
         | sales guys in your company?".
         | 
         | Like, if you're of a "We're not going to give everything to the
         | government" persuasion, then the reasonable way to handle that
         | is to give the government the deliverables to do anything they
         | want with, just so long as you're free to sell the unclassified
         | components of it (and things derived from them) in the private
         | sector to interested parties without interference.
        
           | scottyah wrote:
           | I've seen it where development happens under one Customer,
           | then a few years later they get some bad management and
           | flounder, then a new Customer team (or teams) has pretty much
           | the same mission. It's nice to be able to carry what you've
           | already done with you vs starting over.
           | 
           | The Defense Sector is very much like the private sector in
           | that it has hundreds of companies/teams doing pretty much the
           | same thing.
        
         | com2kid wrote:
         | > and the mega corp, like Facebook will only just barely
         | experience anything like this because it's just not that
         | important.
         | 
         | I worked at Microsoft, and speaking to their security team my
         | impression was that MSFT is under persistent attack from nation
         | states on a non stop basis, up to and including working to get
         | government assets hired to work at Microsoft to leak secrets
         | out.
         | 
         | Given the importance of AWS, I have no doubt Amazon is under
         | similar threat.
        
           | thinkingtoilet wrote:
           | I would imagine Microsoft is a bit different because of the
           | OS. If you can hack Windows you have access to nearly every
           | institution in the world. Linux and iOS don't have that
           | reach. No need to hack AWS, you hacked the computer that is
           | logging into AWS.
        
             | mrkeen wrote:
             | Why rob a bank when you can pickpocket a guy walking into
             | the bank instead?
             | 
             | Anyway Linux has 62.7% share of servers https://en.m.wikipe
             | dia.org/wiki/Usage_share_of_operating_sys...
        
             | soulofmischief wrote:
             | The majority of cloud infrastructure is run on Linux.
             | 
             | You're saying there's no need to hack Linux when it's
             | easier to hack Windows, and therefore Microsoft has better
             | security fundamentals as the providers of a less secure but
             | more prevalent OS? I don't follow the argument.
        
           | filoleg wrote:
           | For Microsoft to be in such a position makes sense, as they
           | provide services for both US military and government (which
           | also includes agencies), as well as for some infrastructure
           | services. This is a pretty unique situation, compared to most
           | other big tech companies.
           | 
           | Hell, there is a whole "Azure for US Government" product out
           | there just for that, and that's in addition to the usual
           | AD/OneDrive/SharePoint/Windows/etc. suspects.
        
         | crossroadsguy wrote:
         | > US military is the largest single employer on the planet
         | 
         | Maybe not on the entire planet? I know it doesn't matter and
         | it's not really anything but I guess that's not USDoD. But then
         | again who believes Wikipedia anyway
         | https://en.wikipedia.org/wiki/List_of_largest_employers.
         | Besides even if it's true it's barely by a whisker and we
         | shouldn't put further wars (i.e foreign freedom distribution
         | enterprise) past the great nation of USA so that will change on
         | a whim anytime. Cheers.
         | 
         | Also if this link is to be believed then 4 Walmarts (or even
         | 4.5) will be really a lot.
        
         | shwaj wrote:
         | AFAICT this has very little to do with the military. Quoting
         | from the actual bill:
         | 
         | (A) IN GENERAL.--This Act shall not apply to classified source
         | code or source code developed primarily for use in a national
         | security system (as defined in section 11103 of title 40,
         | United States Code).
         | 
         | (B) NATIONAL SECURITY.--An exemption from the requirements
         | under section 3 shall apply to classified source code or source
         | code developed--
         | 
         | (i) primarily for use in a national security system (as defined
         | in section 11103 of title 40, United States Code); or
         | 
         | (ii) by an agency, or part of an agency, that is an element of
         | the intelligence community (as defined in section 3(4) of the
         | National Security Act of 1947 (50 U.S.C. 3003(4)).
        
       | sylware wrote:
       | Well, it will allow code inspection by some agencies... but the
       | "re-use", forget about it.
        
       | Dowwie wrote:
       | Sharing source code isn't enough. The right people need to be
       | aware of its existence at the right time. For instance, there
       | needs be part of their governance that due diligence be performed
       | prior to executing a contract.
        
       | openthc wrote:
       | We create open-source software and attempt to get government
       | agencies to adopt/use it. It's crazy how alergic these agencies
       | are to open-source. Some will even create their own, with legacy
       | style implementations (csv uploads, broken parsers), complete
       | with bugs/flaws that are predicatble rather than use someone
       | elses code.
       | 
       | When responding to RFPs, the open-source stuff has an a higher
       | level of scrutinty than the closed systems. Like, if it's open
       | then you have to show it's good but if it's closed the vendor
       | just says "yep, we are perfect" and the agency could move on. It
       | feels like the agency, and the employees don't want any
       | responsibility. But I've never seen anyone lose their government
       | job from some incompetence.
        
         | georgeplusplus wrote:
         | >>>It's crazy how allergic these agencies are to open-source.
         | 
         | It's about job protectionism on the greater scale and being the
         | subject matter expert who leverages his code base for
         | promotions on the individual scale. generally agencies do not
         | view each other as working for the same team. It can be very
         | competitive when lobbying for resources from congress for your
         | agency.
         | 
         | I work in gov and speaking from first hand knowledge. The
         | culture is toxic. It's broken and I can't wait to see what
         | changes Elon and trumps team propose.
        
           | taskforcegemini wrote:
           | hopefully a different approach than with twitter
        
         | stronglikedan wrote:
         | You can't hold anyone accountable for open source. With closed
         | source, there's someone else to point the finger at when things
         | go wrong.
        
           | doublepg23 wrote:
           | I heard this a lot before I started my career but IME this
           | rarely pans out and you're just stuck with broken software
           | without documentation and source code.
        
             | englishspot wrote:
             | yep. usually the original architect moves on to another
             | project before things get really bad. and then all that's
             | left is the bag-holder (me).
        
       | ThinkBeat wrote:
       | Imagine all the interesting code that will come from the NSA.
        
         | sunbum wrote:
         | Someone didn't read the link.
        
       | droideqa wrote:
       | I was really sad when people sued the NSA over developing
       | Accumulo[0].
       | 
       | [0]: https://www.techdirt.com/2012/07/18/senate-not-concerned-
       | abo...
        
       | idontwantthis wrote:
       | Any idea what the definition of "source code" is? I'm wondering
       | if low-code workflows would count.
        
       | vaadu wrote:
       | Does it apply to the FBI, NSA and CIA?
        
       | gosub100 wrote:
       | I would like to see this go further. Have publicly funded
       | universities develop "enterprise" government software such as DMV
       | or other agencies, completely FOSS, and each year have a public
       | hearing where the CEOs of the private contractors that currently
       | provide this software can explain why, exactly, the FOSS version
       | isn't good enough to replace theirs.
        
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