Computer Software Piracy

This executive order directs all executive agencies to prevent and combat computer software piracy by establishing procedures to ensure only authorized software is used on government computers. It requires agencies to inventory software, maintain recordkeeping systems, and educate personnel on copyright compliance, while also extending expectations to contractors and federal financial assistance recipients. The Chief Information Officers Council is tasked with issuing initial recommendations within 6 months to improve government-wide practices.

Federal Register Open PDF 63 FR 53273

Impact dates

Mar 30, 1999
Chief Information Officers Council initial recommendations due

Key directives

Each agency shall adopt procedures to ensure no acquisition, reproduction, distribution, or transmission of software in violation of copyright laws
Each agency shall establish procedures ensuring only authorized software on agency computers, including inventories, authorization verification, and recordkeeping
Contractors and federal financial assistance recipients should have systems ensuring federal funds not used for pirated software
Agency heads shall ensure compliance, utilize performance measures, educate personnel, and ensure adequate policies
Chief Information Officers Council shall issue initial recommendations within 6 months
OMB Director shall utilize oversight mechanisms to foster compliance

Who is ordered

Timeline

Immediate

Policy declaration that agencies must prevent software piracy
Agencies must begin adopting compliance procedures

Near term (90d)

Chief Information Officers Council to issue initial recommendations (by March 30, 1999)

Long term

Ongoing agency compliance monitoring and oversight
Potential government-wide policy changes based on Council recommendations
Sustained contractor and grantee compliance systems

Risks & tensions

Enforcement relies heavily on agency self-policing with OMB oversight; no specified penalties for non-compliance
Vague language in 1(c): agencies 'should' have systems (non-mandatory for contractors/recipients) vs. 'shall' for agencies; 'such measures as the agency head deems appropriate' creates discretion gaps
National security and law enforcement carve-outs (Sections 6-7) may create compliance blind spots
No dedicated funding or resource allocation specified for inventory and compliance systems
Potential tension between software compliance costs and agency IT budget constraints