Monday, October 5, 1998

 

Vol. 34, No. 40

 

Executive Order 13103--Computer software piracy

William J Clinton

 

 

�� September 30,

 

 

� 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 la,vs. 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 appropriate that may be useful

in combating the use of compute 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 bv 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 on

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 other vise 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.

 

 

� [Filed with the Office of the Federal Register, 8:45 a.m., October

2, 1998]

 

 

� NOTE: This Executive order was released by the Office of the Press

Secretary on October 1, and it was published in the Federal Register

on October 5.