... John Stenbit, an assistant secretary of defense and the Defense Department's chief information officer, said that Microsoft has said using free software with commercial software might violate companies' intellectual-property rights. Stenbit said the issue is legally "murky." ... Stenbit said that the debate is academic and that what matters is how secure a given piece of software is. To that end, the Defense Department is now prohibited from purchasing any software that has not undergone security testing by the NSA. Stenbit said he is unaware of any open-source software that has been tested.
During his second day on the stand, Allchin conceded that Microsoft has already identified at least one protocol and two APIs that it plans to withhold from public disclosure under the security carve-out. The protocol, which is part of Message Queuing, contains a coding mistake that would threaten the security of enterprise systems using it if it were disclosed, Allchin said.