EXECUTIVE ORDER
WHEREAS, these companies employ more than 76,000 people, pay more
than $3.7 billion in wages, generate more than $10.3 billion in
sales, and contribute $726 million in combined state and federal
taxes;
WHEREAS, the industry estimates that pirated software annually
costs Washington's economy 3,700 jobs, $205 million in wages,
$488 million in retail sales, and $41 million in combined state
and federal taxes; and
WHEREAS, as a major purchaser and user of computer software,
Washington State government must ensure that its practices meet
legal requirements;
NOW THEREFORE, I, Gary Locke, Governor of the state of
Washington, declare my support for the software industry of
Washington State and hereby order and direct the following
actions:
Section 1. Policy. It shall be the policy of the state to work
diligently to combat computer software piracy and follow the
letter and spirit of state and federal law, including the
Copyright Act, as well as 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 and the Berne Convention for the
Protection of Literary and Artistic Works.
(a) Each agency shall adopt procedures to prevent the
unlawful acquisition, reproduction, distribution or transmission
of computer software.
(b) Each agency shall establish procedures to ensure that
its use of computer software complies with the law. These
procedures may include:
(i) preparing inventories of software present on the
agency's computers;
(ii) determining what computer software the agency has the
authorization to use; and
(iii) developing and maintaining adequate record-keeping
systems.
(c) If an agency becomes aware that its contractors or
financial assistance recipients are using state funds to acquire,
operate or maintain computer software in violation of law, the
agency shall take appropriate measures, including requiring the
use of certifications or written assurances.
(d) Agencies shall cooperate fully with each other in
implementing this order and shall share information with each
other that may be useful in combating the unlawful use of
computer software.
Section 2. Responsibilities of Agency Heads. In connection with
the acquisition and use of computer software, the head of each
agency shall:
(a) ensure that only authorized software is acquired for and
used on the agency's computers;
(b) ensure that appropriate agency staff are educated
regarding copyrights protecting software, as well as the policies
and procedures adopted by the agency to honor those protections;
and
(c) ensure that the policies, procedures and practices of
the agency related to copyrights protecting software are
adequate, and also fully implement the policies set forth in this
order.
Section 3. Information Services Board. Within six months of the
date of this order, agencies shall submit copies of their
policies and procedures developed pursuant to this order to the
Information Services Board.
Section 4. 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 a lawful investigative or protective activity undertaken
by or on behalf of the state.
Section 5. Judicial Review. This order is intended only to
improve the internal management of the executive branch. It does
not create any right or benefit, substantive or procedural, at
law or in equity, that may be asserted against the state, its
officers or employees, or any other person.
Section 6. This Executive Order shall take effect immediately.
| IN WITNESS THEREOF, I have hereunto set my hand and caused the Seal of the State of Washington to be affixed at Olympia on this third day of April, A.D., Two-Thousand. | ||
| Gary Locke Governor of Washington |
||
BY THE GOVERNOR:
Assistant Secretary of State |
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