Question on OSD #5

[Matthew Flaschen]

Chris Travers wrote:

> Note that state secrets, like trade secrets, are really orthogonal to
> open source.  I don;t see why it would be a problem for one to include
> classified algorithms in a private modification of GPL code (for
> example, for a missile guidance system), but at the same time, that
> specific version might no longer be considered open source.

The key point is that it needs to remain private.  If an NSA agent makes
classified modifications to the Linux kernel and gives them to another
agent, that's fine under the GPL, since private modification is allowed,
and NSA is a single entity.

However, if the NSA wants to distribute outside their organization, they
can't put any additional restrictions on the code.  It doesn't matter
/how/ it is transmitted out.  Once it leaves the entity (NSA in this
case), it can be freely distributed by the recipient.

That doesn't mean they /will/ distribute it, and there can be informal
understandings not to, but I believe any legal requirement not to would
be a GPL violation.

Matthew Flaschen