IP: New ExecOrd: Computer Software Piracy

Robert Hettinga rah at shipwright.com
Thu Oct 1 03:20:44 PDT 1998 



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Source:  US Newswire
http://www.usnewswire.com/topnews/Current_Releases/1001-125.txt

Clinton Issues Executive Order on Computer Software Piracy
U.S. Newswire
1 Oct 14:10

 Clinton Issues Executive Order on Computer Software Piracy
 To: National Desk, Technology Writer
 Contact: White House Press Office, 202-456-2100

   WASHINGTON, Oct. 1 /U.S. Newswire/ -- The following was released
today by the White House:

                       EXECUTIVE ORDER
                        - - - - - - -
                   COMPUTER SOFTWARE PIRACY

     The United States Government is the world's largest purchaser of
computer-related services and equipment, purchasing more than $20
billion annually.  At a time when a critical component in discussions
with our international trading partners concerns their efforts to
combat piracy of computer software and other intellectual property,
it is incumbent on the United States to ensure that its own practices
as a purchaser and user of computer software are beyond reproach.
Accordingly, by the authority vested in me as President by the
Constitution and the laws of the United States of America, it is
hereby ordered as follows:

     Section 1.  Policy.  It shall be the policy of the United States
Government that each executive agency shall work diligently to
prevent and combat computer software piracy in order to give effect
to copyrights associated with computer software by observing the
relevant provisions of international agreements in effect in the
United States, including applicable provisions of the World Trade
Organization Agreement on Trade-Related Aspects of Intellectual
Property Rights, the Berne Convention for the Protection of Literary
and Artistic Works, and relevant provisions of Federal law, including
the Copyright Act.

     (a) Each agency shall adopt procedures to ensure that the agency
does not acquire, reproduce, distribute, or transmit computer
software in violation of applicable copyright laws.

     (b) Each agency shall establish procedures to ensure that the
agency has present on its computers and uses only computer software
not in violation of applicable copyright laws.  These procedures may
include:

     (1) preparing agency inventories of the software present on its
computers;

     (2) determining what computer software the agency has the
authorization to use; and

     (3) developing and maintaining adequate recordkeeping systems.

     (c) Contractors and recipients of Federal financial assistance,
including recipients of grants and loan guarantee assistance, should
have appropriate systems and controls in place to ensure that Federal
funds are not used to acquire, operate, or maintain computer software
in violation of applicable copyright laws.  If agencies become aware
that contractors or recipients are using Federal funds to acquire,
operate, or maintain computer software in violation of copyright laws
and determine that such actions of the contractors or recipients may
affect the integrity of the agency's contracting and Federal
financial assistance processes, agencies shall take such measures,
including the use of certifications or written assurances, as the
agency head deems appropriate and consistent with the requirements of
law.

     (d) Executive agencies shall cooperate fully in implementing
this order and shall share information as appro-priate that may be
useful in combating the use of computer software in violation of
applicable copyright laws.

     Sec. 2.  Responsibilities of Agency Heads.  In connection with
the acquisition and use of computer software, the head of each
executive agency shall:

     (a) ensure agency compliance with copyright laws protecting
computer software and with the provisions of this order to ensure
that only authorized computer software is acquired for and used on
the agency's computers;

     (b) utilize performance measures as recommended by the Chief
Information Officers Council pursuant to section 3 of this order to
assess the agency's compliance with this order;

     (c) educate appropriate agency personnel regarding copyrights
protecting computer software and the policies and procedures adopted
by the agency to honor them; and

     (d) ensure that the policies, procedures, and practices of the
agency related to copyrights protecting computer software are
adequate and fully implement the policies set forth in this order.

     Sec. 3.  Chief Information Officers Council.  The Chief
Information Officers Council ("Council") established by section 3 of
Executive Order No. 13011 of July 16, 1996, shall be the principal
interagency forum to improve executive agency practices regarding the
acquisition and use of computer software, and monitoring and
combating the use of unauthorized computer software.  The Council
shall provide advice and make recommendations to executive agencies
and to the Office of Management and Budget regarding appropriate
government-wide measures to carry out this order. The Council shall
issue its initial recommendations within 6 months of the date of this
order.

     Sec. 4.  Office of Management and Budget.  The Director of the
Office of Management and Budget, in carrying out responsibilities
under the Clinger-Cohen Act, shall utilize appropriate oversight
mechanisms to foster agency compliance with the policies set forth in
this order.  In carrying out these responsibilities, the Director
shall consider any recommendations made by the Council under section
3 of this order regarding practices and policies to be instituted on
a government-wide basis to carry out this order.

     Sec. 5.  Definition.  "Executive agency" and "agency" have the
meaning given to that term in section 4(1) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(1)).

     Sec. 6.  National Security.  In the interest of national
security, nothing in this order shall be construed to require the
disclosure of intelligence sources or methods or to otherwise impair
the authority of those agencies listed at 50 U.S. 401a(4) to carry
out intelligence activities.

     Sec. 7.  Law Enforcement Activities.  Nothing in this order
shall be construed to require the disclosure of law enforcement
investigative sources or methods or to prohibit or otherwise impair
any lawful investigative or protective activity undertaken for or by
any officer, agent, or employee of the United States or any person
acting pursuant to a contract or other agreement with such entities.

     Sec. 8.  Scope.  Nothing in this order shall be construed to
limit or otherwise affect the interpretation, application, or
operation of 28 U.S.C. 1498.

     Sec. 9.  Judicial Review.  This Executive order is intended only
to improve the internal management of the executive branch and does
not create any right or benefit, substantive or procedural, at law or
equity by a party against the United States, its agencies or
instrumentalities, its officers or employees, or any other person.

                       WILLIAM J. CLINTON

  THE WHITE HOUSE,
      September 30, 1998.

 -0-
 /U.S. Newswire  202-347-2770/
 10/01 14:10

Copyright 1998, U.S. Newswire
-----------------------
NOTE: In accordance with Title 17 U.S.C. section 107, this material is
distributed without profit or payment to those who have expressed a prior
interest in receiving this information for non-profit research and
educational purposes only. For more information go to:
http://www.law.cornell.edu/uscode/17/107.shtml
-----------------------




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-----------------
Robert A. Hettinga <mailto: rah at philodox.com>
Philodox Financial Technology Evangelism <http://www.philodox.com/>
44 Farquhar Street, Boston, MA 02131 USA
"... however it may deserve respect for its usefulness and antiquity,
[predicting the end of the world] has not been found agreeable to
experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'

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