Switzerland Mandates Open Source Software for Government: A Step Toward Transparency and Ecological Responsibility

In a bold move that underscores Europe’s growing commitment to open-source software (OSS), Switzerland has enacted a groundbreaking law known as the “Federal Law on the Use of Electronic Means for the Fulfillment of Government Tasks” (EMBAG). This legislation requires all public bodies to release the source code of software developed by or for the government, barring security concerns or third-party rights. The Swiss government’s decision is part of a broader European trend towards embracing OSS, in stark contrast to the more cautious approach seen in the United States.

The “Public Money, Public Code” Principle

Switzerland’s EMBAG law is rooted in the principle that public money should lead to public code. This approach aims to improve government transparency, security, and efficiency by making software developed with taxpayer money accessible to all. The law ensures that the Swiss public sector can avoid vendor lock-in, where reliance on proprietary software restricts flexibility and drives up costs. By fostering an open ecosystem, the law is expected to spur innovation and allow businesses to develop new digital solutions, ultimately leading to reduced IT expenses and improved services for Swiss citizens.

A Decade-Long Struggle

The journey to EMBAG was not without challenges. The movement towards OSS in Switzerland gained significant momentum in 2011 when the Swiss Federal Supreme Court released its Open Justitia software under an OSS license. This decision sparked opposition from proprietary software companies, leading to a prolonged legal and political battle. Despite these hurdles, the persistence of advocates like Professor Dr. Matthias Stürmer, head of the Institute for Public Sector Transformation at the Bern University of Applied Sciences, paid off. Stürmer has been a vocal supporter of OSS, arguing that it offers significant benefits not only for the government and IT industry but for society as a whole.

Ecological Considerations: The Green Side of Open Source

Beyond the clear benefits of transparency and cost efficiency, Switzerland’s move towards OSS aligns with ecological sustainability goals. Open-source software can play a critical role in reducing the environmental impact of digital infrastructure. By allowing public bodies to modify and optimize software for energy efficiency, OSS can help reduce the carbon footprint associated with government IT operations.

Proprietary software often comes with inefficiencies that are difficult to address because the source code is not accessible. In contrast, OSS allows for the customization and optimization of software to minimize energy consumption. This can include optimizing algorithms for efficiency, reducing the need for frequent hardware upgrades, and enabling longer lifespans for devices through better software support. Moreover, by sharing solutions across borders, OSS reduces the need for redundant development efforts, leading to lower resource consumption and waste.

A Model for Other Nations

Switzerland’s decision to mandate OSS could serve as a model for other countries looking to modernize their public sectors while also addressing environmental concerns. The “public money, public code” principle not only democratizes access to government software but also promotes a more sustainable approach to digital infrastructure. As the world grapples with the dual challenges of technological advancement and ecological sustainability, Switzerland’s EMBAG law demonstrates that these goals can be pursued in tandem.

Switzerland and Germany: Pioneers in Open-Source Software Adoption

Switzerland’s recent legislation, the “Federal Law on the Use of Electronic Means for the Fulfillment of Government Tasks” (EMBAG), represents a significant milestone in the country’s OSS journey. This law mandates that all public bodies must disclose the source code of software developed by or for them, unless third-party rights or security concerns prevent it. The law is the culmination of years of advocacy and debate, spearheaded by figures like Professor Dr. Matthias Stürmer, who emphasized the potential benefits for government transparency, the IT industry, and society as a whole.

Switzerland’s move toward OSS is not an isolated case in Europe. Germany has also been a strong proponent of OSS in the public sector. A notable example is the state of Schleswig-Holstein, which decided to transition its entire public administration to open-source software. The state’s government is replacing Microsoft Office with LibreOffice, a free and open-source office suite, and plans to use open-source email clients and web browsers as well. This transition is part of a broader strategy to reduce dependency on large proprietary software vendors and increase digital sovereignty.

Germany’s federal government has also supported OSS through the “Open Source Strategy for the Federal Administration,” which was adopted in 2021. This strategy outlines the government’s commitment to increasing the use of OSS in public administration, emphasizing the importance of transparency, collaboration, and security. It also includes provisions for sharing software developed by the government with the public under open-source licenses, thereby contributing to the global OSS community.

Benefits of Open-Source Software: Lessons from Europe

The adoption of OSS in Switzerland, Germany, and other European countries has yielded several key benefits that highlight why these nations are leading the way in this area:

Transparency and Trust: By making the source code of government software publicly available, OSS fosters greater transparency. Citizens and independent experts can inspect the code, identify potential security vulnerabilities, and suggest improvements. This openness helps build trust between governments and their constituents, as it reduces the risk of hidden backdoors or undisclosed data collection practices.
- Example: The European Union’s Free and Open Source Software Audit (FOSSA) project, initiated in 2014, aimed to improve the security and reliability of open-source software used by EU institutions. The project led to the discovery and fixing of critical vulnerabilities in popular OSS components like Apache and KeePass, demonstrating the security benefits of transparent and collaborative software development.

Cost Savings: OSS can lead to significant cost savings for governments by eliminating licensing fees associated with proprietary software. Additionally, OSS allows governments to avoid vendor lock-in, which occurs when a public institution becomes overly dependent on a single software provider. This can drive up costs and limit the ability to adapt to new technologies.
- Example: The French Gendarmerie, the national police force, saved millions of euros by transitioning to OSS. Starting in 2004, the Gendarmerie replaced Microsoft Windows with Ubuntu, an open-source operating system, on its 90,000 desktops. This move not only reduced software licensing costs but also provided greater flexibility and control over their IT infrastructure.

Innovation and Collaboration: OSS encourages collaboration between governments, private companies, and the open-source community. By sharing code and collaborating on software development, public institutions can leverage a broader pool of expertise and innovation. This collaborative approach often leads to more robust and versatile software solutions.
- Example: The City of Barcelona’s decision to adopt OSS as part of its “Barcelona Digital City” plan exemplifies how OSS can drive innovation. The city developed an open-source platform called “Sentilo” to manage its Internet of Things (IoT) devices, such as sensors for monitoring air quality and traffic. This platform is now used by other cities and organizations worldwide, fostering a global community of developers and users who contribute to its continuous improvement.

Challenges and Hesitations in the United States

Despite these successes in Europe, the United States has been more cautious in its approach to OSS, particularly within the public sector. Several factors contribute to this hesitancy:

Security Concerns: One of the primary concerns about OSS in the U.S. is security. Critics argue that making software code publicly available could expose vulnerabilities to malicious actors. While OSS advocates counter that transparency leads to more secure code through community scrutiny, the fear of potential exploitation remains a significant barrier to wider adoption.
Intellectual Property and Licensing Issues: The U.S. has a strong tradition of protecting intellectual property rights, which can sometimes conflict with the principles of OSS. Concerns over IP rights and the complexities of open-source licensing have made some public institutions wary of adopting OSS. There is also a misconception that OSS is incompatible with commercial software, even though many successful businesses have built their models around open-source products.
Influence of Proprietary Software Companies: Large proprietary software companies, many of which are based in the U.S., have significant influence over the public sector’s technology choices. These companies often lobby against OSS adoption, promoting their products as more reliable and secure. The entrenched relationships between these vendors and government agencies can make it difficult for OSS to gain a foothold.
- Example: Microsoft, one of the largest software vendors, has long been a dominant player in the U.S. public sector. The company has cultivated strong relationships with government agencies, offering comprehensive service contracts and integrated software solutions. This dominance has made it challenging for OSS alternatives to break into the market, despite their potential advantages.

Perception and Cultural Factors: There is also a cultural component to the U.S.’s reluctance to adopt OSS. The American public sector has traditionally favored proprietary solutions that come with vendor support and service guarantees. This preference is partly due to risk aversion, as public agencies often prioritize stability and reliability over innovation when it comes to software procurement.

The Future of OSS in the United States: A Potential Shift?

While the U.S. has been slower to adopt OSS compared to Europe, there are signs that attitudes may be shifting. The growing recognition of the benefits of OSS, coupled with the success stories emerging from Europe, could prompt a re-evaluation of OSS in the U.S. public sector.

Increased Awareness of OSS Benefits: As more governments and organizations worldwide demonstrate the advantages of OSS, there is growing awareness in the U.S. of its potential benefits. This awareness is being driven by both grassroots advocacy and high-profile OSS success stories from Europe and beyond.
- Example: The Defense Digital Service (DDS), a team within the U.S. Department of Defense (DoD), has embraced OSS for certain projects. For instance, the DDS developed “Hack the Pentagon,” the DoD’s first bug bounty program, using open-source tools. The success of this program, which has identified and fixed hundreds of security vulnerabilities, highlights the potential of OSS to enhance cybersecurity in government applications.

Government Initiatives and Policies: There have been some policy-level moves in the U.S. that signal a growing openness to OSS. The White House’s “Federal Source Code Policy,” issued in 2016, requires federal agencies to release at least 20% of new custom-developed code as open-source. This policy aims to increase software reuse across federal agencies and encourage collaboration with the OSS community.
- Example: The U.S. Department of Veterans Affairs (VA) has been a leader in OSS adoption within the federal government. The VA’s Electronic Health Record (EHR) system, VistA, is one of the most significant OSS projects in the U.S. public sector. The system’s code is freely available, allowing other healthcare providers and developers to contribute to its improvement and adapt it for their own needs.

Collaboration with the Open-Source Community: As U.S. public sector entities begin to explore OSS, collaboration with the broader open-source community will be crucial. By engaging with developers, nonprofits, and other stakeholders, government agencies can tap into a vast pool of expertise and innovation.
- Example: The “Code for America” initiative is a nonprofit organization that partners with local governments in the U.S. to develop OSS solutions that address civic challenges. Projects like “Open311,” a standard for reporting non-emergency issues in cities, demonstrate how OSS can be used to improve public services and increase citizen engagement.

Learning from Europe’s OSS Leadership

The experiences of Switzerland, Germany, and other European countries offer valuable lessons for the United States as it considers the role of OSS in the public sector. While challenges remain, the potential benefits of OSS—greater transparency, cost savings, innovation, and enhanced security—are becoming increasingly difficult to ignore.

As the U.S. continues to observe the successes of OSS in Europe, there may be growing momentum for change. By addressing concerns over security, intellectual property, and vendor influence, and by fostering a culture of openness and collaboration, the U.S. can begin to unlock the potential of OSS in government operations.

Ultimately, the adoption of OSS is not just about technology; it’s about rethinking how public institutions operate in the digital age. By embracing the principles of open-source—transparency, collaboration, and shared innovation—the U.S

Conclusion

Switzerland’s EMBAG law is a significant step forward in the global movement towards open-source software. By mandating the release of government-developed software as open source, Switzerland is enhancing transparency, fostering innovation, and promoting sustainability. As the ecological benefits of OSS become more evident, this approach may well inspire other nations to follow suit, bridging the gap between technological progress and environmental responsibility.