Several European countries are betting on open-source software for their technology. In the United States, eh, not so much. In the latest news from across the Atlantic, Switzerland has taken a major step forward with its “Federal Law on the Use of Electronic Means for the Fulfillment of Governmental Tasks” (EMBAG). This groundbreaking legislation mandates using open-source software (OSS) in the public sector.
This new law requires all public bodies to disclose the source code of software developed by or for them unless third-party rights or security concerns prevent it. This “public money, public code” approach aims to enhance government operations’ transparency, security, and efficiency.
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Making this move wasn’t easy. It began in 2011 when the Swiss Federal Supreme Court published its court application, Open Justitia, under an OSS license. The proprietary legal software company Weblaw wasn’t happy about this. There were heated political and legal fights for more than a decade. Finally, the EMBAG was passed in 2023. Now, the law not only allows the release of OSS by the Swiss government or its contractors but also requires the code to be released under an open-source license “unless the rights of third parties or security-related reasons would exclude or restrict this.”
Professor Dr. Matthias Stürmer, head of the Institute for Public Sector Transformation at the Bern University of Applied Sciences, led the fight for this law. He hailed it as “a great opportunity for government, the IT industry and society.” Stürmer believes everyone will benefit from this regulation, as it reduces vendor lock-in for the public sector, allows companies to expand their digital business solutions, and potentially leads to reduced IT costs and improved services for taxpayers.
In addition to mandating OSS, the EMBAG also requires the release of non-personal and non-security-sensitive government data as Open Government Data (OGD). This dual “open by default” approach marks a significant paradigm shift towards greater openness and practical reuse of software and data.
Implementing EMBAG is expected to serve as a model for other countries considering similar measures. It aims to promote digital sovereignty and encourage innovation and collaboration within the public sector.
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The Swiss Federal Statistical Office (BFS) is leading the law’s implementation. However, the organizational and financial aspects of the OSS releases still need to be clarified.
Other countries in Europe have long supported open source. For example, in 2023, French President Macron stated, “We love open source,” and France’s National Gendarmerie (Think FBI if you’re an American) uses Linux on its PCs. The European Union (EU) has long worked on securing OSS via the EU-Free and Open Source Software Auditing (FOSSA) project.
It’s not all wine and roses in the EU. There’s some worry that the European Commission will cut funding for the NGI Zero Commons Fund, an important funding source for OSS projects.
In the States, there’s some support for open source, but not nearly as much as our European cousins. The Federal Source Code Policy, for instance, requires federal agencies to release at least 20% of new custom-developed code as open-source software. It doesn’t, however, mandate the use of open source.
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Similarly, the General Services Administration (GSA) has an OSS Policy that requires GSA organizations to account for and publish their open-source code. This policy promotes an “open first” approach for new custom code development.
So, while this legislative move positions Switzerland at the forefront of the global open-source movement, more work needs to be done both in Europe and the United States.