Today, the Justice Department released a long package of documents outlining the case of Netcracker Technology, a software company having part of the code used on the Defense Department’s networks. These networks are the ones used by a Defense and a number of other Federal agencies. They range in sensitivity from unclassified to Top Secret.
According to the documents released the geniuses at the Defense Information Systems Agency knew that Russians were writing the code that was used in Netcracker’s software and OKd it. So they thought it was OK to have code written by Russians, in Russia, running on the networks of the Defense Department. Whoever made that decision should be roasted in oil, but since 2008, the person is probably gone. Nobody stays in DISA unless they can’t find another job.
It was Netcracker which actually revived the issue in 2011, again telling DISA that it was using uncleared Russian nationals to write code for the core of this project. No wonder the Justice Department decided on this novel, and totally worthless, approach of a “non-prosecution agreement”. This amounts to nothing except a CYA document for DISA which made the mistake of allowing them to continue to use Russian nationals when they should have known that was improper.
This, of course, gets to the thorny issue of when software used by Defense Agencies can use software written by foreign nationals. Take Microsoft for example, where large portions of their software is written In other countries. Microsoft offered to make Defense a version of Windows and Office but they turned it down. China has its own version, because it knows better. This whole COTS product issue has to be reviewed and thought out a little more.
This isn’t about money, because we all know that software is more expensive if the government has its own versions that have to be updated and controlled by U.S. citizens with security clearances. But, we sometimes pay that money because it is the right thing to do and reduces risk of using just anyone’s software. I remember a Dilbert cartoon where the Ebonians offered to make software for Dilbert’s company for free, and the boss thought that was a great idea. That level of humor must have been a little above the idiots at DISA.
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