New Swiss Law: All Government Software Must Be Open Source

Switzerland recently passed a law mandating the use of open-source software (OSS) and the disclosure of source code for any software developed for or by the public sector.

This “public body, public code” approach aims to enhance transparency, security, and efficiency in government operations. While such a policy might face challenges in the U.S., it is increasingly common in Europe.

New Swiss Law Says All Government Software Must Be Open Source

According to Switzerland’s new “Federal Law on the Use of Electronic Means for the Fulfillment of Government Tasks” (EMBAG), government agencies are required to utilize open-source software across the public sector.

This is not a completely new development for Switzerland. In 2011, the Swiss Federal Supreme Court released its Open Justitia court application under an OSS license, sparking controversy with legal software company Weblaw and leading to over a decade of political and legal disputes.

The recent legislation in Switzerland permits the country to release its software under open source licenses. Furthermore, it stipulates that the source code must be made available in this manner, unless there are legal or security constraints.

In addition to mandating the use of open source code, the EMBAG also compels Swiss government agencies to make non-personal and non-security-sensitive government data accessible to the public.

This initiative, known as Open Government Data, is part of a broader “open by default” approach aimed at facilitating the reuse of software and data, while enhancing transparency in governance.

Several other European countries have taken similar steps. For example, France’s National Gendarmerie, which is equivalent to the U.S. FBI, uses Linux on the majority of its PCs.

In Germany, the state of Schleswig-Holstein recently switched 30,000 computers from Microsoft products to Linux and LibreOffice.

The European Union has been working on the Free and Open Source Software Auditing (FOSSA) project for years to enhance the security of OSS.

However, there are concerns that the European Commission may reduce funding for OSS projects, raising some worries about the future of OSS in Europe.

In contrast to Switzerland, the U.S. has less support for open-source software (OSS). While the U.S. government does provide some backing for OSS, it is more limited.

For instance, the Federal Source Code Policy mandates that government agencies release a minimum of 20% of their newly developed code as open-source.

Additionally, the General Services Administration (GSA) requires its entities to disclose any open-source code they produce. However, unlike Switzerland, there are no laws in the U.S. that mandate the use of open-source software.

If Switzerland’s embrace of openness proves successful, it could serve as a model for driving similar changes in Europe and the United States.

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