Executive Order No. 13103. Computer Software Piracy

• Executive Order No.: 13103
• Published date: 05 October 1998
• Citation: 63 FR 53273
• Date: 30 September 1998
• Section: Presidential Documents
• Issuer: Executive Office of the President

Federal Register / Vol. 63, No. 192 / Monday, October 5, 1998 / Presidential Documents
53273
Presidential Documents
Executive Order 13103 of September 30, 1998
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 contrac-
tors 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 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;

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Federal Register / Vol. 63, No. 192 / Monday, October 5, 1998 / Presidential Documents
(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 execu-
tive 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.
œ–
THE WHITE HOUSE,
September 30, 1998.
[FR Doc. 98–26799
Filed 10–2–98; 8:45 am]
Billing code 3195–01–P

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