Switzerland has recently taken a groundbreaking step with the enactment of its “Federal Law on the Use of Electronic Means for the Fulfillment of Government Tasks” (EMBAG).
The new law mandates that all government software be open source, marking a significant shift in how public sector technology is managed.
Switzerland’s bold move towards transparency
The EMBAG requires that all software developed by or for public bodies in Switzerland be released as open source, unless restricted by third-party rights or security concerns.
This “public money, public code” principle is designed to enhance transparency, security, and efficiency within government operations. The law aims to make government technology more accessible and accountable, fostering a more transparent digital environment.
From legal battles to legislative success
The journey to this legislative milestone began in 2011, when the Swiss Federal Supreme Court released its court application, Open Justitia, under an open-source license.
The move was met with resistance from proprietary software companies like Weblaw, leading to a decade of political and legal disputes. Despite the challenges, the EMBAG was successfully passed in 2023, marking a pivotal moment in Switzerland’s approach to government software.
Professor Stürmer’s vision and its implications
Professor Dr. Matthias Stürmer, head of the Institute for Public Sector Transformation at Bern University of Applied Sciences, was a key advocate for the EMBAG. He views the law as a significant opportunity for government, the IT industry, and society. Stürmer believes that open source will reduce vendor lock-in, lower IT costs, and enhance services for taxpayers.
In addition to requiring open-source software, the EMBAG also mandates the release of non-personal and non-security-sensitive data as Open Government Data (OGD), promoting a dual approach of openness.
The implementation of EMBAG is anticipated to set a precedent for other nations considering similar policies. It is expected to drive digital sovereignty, innovation, and collaboration within the public sector.
However, the Swiss Federal Statistical Office (BFS) will need to address the logistical and financial aspects of releasing open-source software to ensure smooth execution.
European support for open source
Europe has been a strong supporter of open source for years. For example, French President Macron has publicly endorsed open source, and France’s National Gendarmerie uses Linux on its PCs.
The European Union’s FOSSA project also focuses on securing open-source software. However, there are concerns about potential cuts to the NGI Zero Commons Fund, which supports OSS projects.
How about The US?
In contrast, the United States has shown less enthusiasm for open source. The Federal Source Code Policy requires federal agencies to release 20% of new custom-developed code as open-source, but it does not mandate its use.
Similarly, the General Services Administration (GSA) promotes an “open first” approach for new code development but does not require the use of open-source software.
Featured image credit: www.slon.pics/Freepik
