Several European nations are increasingly adopting open-source software, contrasting with less widespread use in the United States. In recent news from Europe, Switzerland has taken a significant step with its "Federal Law on the Use of Electronic Means for Government Tasks" (EMBAG). This pioneering legislation mandates the use of open-source software (OSS) across the public sector.
Under this new law, all public entities must disclose the source code of software they develop or commission, unless third-party rights or security concerns prevent it. This "public money, public code" approach aims to enhance transparency, security, and efficiency in government operations.
The journey towards this legislation began in 2011 when the Swiss Federal Supreme Court introduced Open Justitia, an open-source legal application. This move sparked legal and political battles with proprietary software firms like Weblaw, culminating in the passage of EMBAG in 2023. Now, the law not only permits the release of OSS by government bodies or their contractors but also mandates that the code be released under an open-source license, except where third-party rights or security issues prevent this.
Dr. Matthias Stürmer, head of the Institute for Public Sector Transformation at Bern University of Applied Sciences, played a crucial role in advocating for the law. He views it as a significant opportunity for government, the IT industry, and society at large. Stürmer believes this regulation will reduce vendor lock-in for the public sector, stimulate digital business solutions, and potentially lower IT costs while improving taxpayer services.
In addition to requiring OSS use, EMBAG stipulates the release of non-personal and non-sensitive government data as Open Government Data (OGD). This dual "open by default" strategy represents a notable shift towards greater openness and practical reuse of software and data.
The implementation of EMBAG is expected to set an example for other nations contemplating similar measures, aiming to bolster digital sovereignty, foster innovation, and encourage collaboration within the public sector.
While Europe has historically supported open-source initiatives, including the EU's Free and Open Source Software Auditing (FOSSA) project, challenges remain. Funding concerns persist, such as potential cuts to the NGI Zero Commons Fund by the European Commission.
In contrast, the United States has some support for open source, evidenced by policies like the Federal Source Code Policy and the General Services Administration's OSS Policy. However, unlike Switzerland, the US does not mandate the use of open-source software across government agencies.
Overall, Switzerland's legislative move places it at the forefront of the global open-source movement, underscoring the need for continued efforts in both Europe and the US to advance these initiatives.
The Swiss Parliament passed a new law in March 2023 that requires federal government agencies to publish all government software under an open source license.