Switzerland has recently enacted a law requiring its government to use open-source software (OSS) and disclose the source code of any software developed by or for the public sector. According to ZDNet, this “public body, public code” approach makes government operations more transparent while increasing security and efficiency. Such a move would likely fail in the U.S. but is becoming increasingly common throughout Europe.
According to Switzerland’s new “Federal Law on the Use of Electronic Means for the Fulfillment of Government Tasks” (EMBAG), government agencies must use open-source software throughout the public sector.
The new law allows the codifies allowing Switzerland to release its software under OSS licenses. Not just that; it requires the source code be released that way “unless the rights of third parties or security-related reasons would exclude or restrict this.”
In addition to mandating the OSS code, EMBAG also requires Swiss government agencies to release non-personal and non-security-sensitive government data to the public. Calling this Open Government Data, this aspect of the new law contributes to a dual “open by default” approach that should allow for easier reuse of software and data while also making governance more transparent.
Without a narrow and specific definition of what qualifies, this clause looks to me like a free pass to ignore the law. I hope its inevitable abuse will lead to a quick shoring up of the language.