Open Source in Oregon: The Saga Continues
An article on Linux Today details the
current status of the Oregon open source bill [8/17/03], which we have discussed
here. The article is actually somewhat unclear, a new bill has been drafted or is about to be drafted, and is waiting to have a hearing scheduled.
The article was written by Cooper Stevenson, coordinator of the Mid-Willamette Valley Linux Users Group, who have produced a CD-ROM making the case for open-source laws, which is available online.
Discussed on slashdot [8/18/03].
Posted by Adam Barr at
09:28 AM
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Version 2: Sample Open Data Format Bill
This is an update to the
first sample bill, based on discussions on the mailing list. I'd like to thank all the people who contributed to the discussion: Brad Collins,
Christopher Marshall, Joseph Shraibman, Karl Pinc,
Mark Alexander, Ray Robert, Scott Zak, Steve
Baker, Taran Rampersad, plus two people identified only as "jks" and "E R".
If you want to see the whole discussion, you can join the mailing list and look at the archives.
A BILL FOR AN ACT
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The [governing body] finds that:
- [Government] archives, handles, and
transmits information which does not belong to it,
but which is entrusted to it by its citizens. [Government] must take measures to safeguard the
integrity and accessibility of this public data.
- It is necessary to the functioning of [government] that computer data owned by [government] be permanently available to [government] throughout its useful life;
- Preservation of data for the future is an
important function of [government];
- While managers of computer systems give due
attention to backing up data files and preserving
such backups for future retrieval, much less
attention is paid to ensuring that software that
can read such backups. and the computer systems
needed to run such software, remains available.
- Data stored by [government] is often released
outside of [government], for auditing purposes,
viewing by private citizens and companies, and the
like;
- It is not always known in advance which
data will need to be used in the
future, and the decision to make data public
may be made at a time when the computer system that
originally wrote it is no longer available.
-
The [governing body] further finds that:
- [Government] is often involved in exchanging
computer data with entities outside of
[government], including other governments,
companies, and citizens;
- It is important that those receiving data from,
or sending data to, [government], be free of
restrictions on using the data, with no requirement
that these third parties contract with any given
third-party provider;
- It is in the public interest to ensure
exchange of computer data through the use of
software and products that promote data stored in
open formats;
- Storing the same data in multiple formats leads
to extra work in converting the data, and leads to
the possibility that different formats may not
preserve all the semantic meaning of the original
format.
-
The [governing body] further finds that:
- To guarantee the succession and permanence of
public data, it is necessary that [government]'s accessibility to that data be
independent of the goodwill of [government]'s
computer system suppliers, or on the continued
existence of those suppliers;
- It is in the public interest that
[government] be free, to the greatest extent
possible, of restrictions imposed by parties
outside [government]'s control on how, and for
how long, [government] may access the data it
is storing on behalf of its citizens.
-
The [governing body] further finds that:
- Storing data in open data formats, free of
any restrictions or cost to use, guarantees that
the encoding of the data is not tied to a single
software provider;
- Complete documentation of formats used to
encode data ensures that data files could be read
at a future time, by writing new software to
interpret the data files, even if the original
software that encoded it was unavailable due to
lack of computer hardware or software;
- Many data formats are extensible and it is
important that the extensions to open data formats
also be documented and have the other defined
characteristics of an open data format, so that the
entirety of the original format plus the extensions
also are open;
- Open data format software encourages exchange
of data between different software products, and
- Properly designed encryption systems depend
on the secrecy of keys and other information that
is distinct from the format in which data is
stored, thus public knowledge of a data format used
to store encrypted data will have no negative
effect on the security of that format.
-
Therefore, it is in the public interest that [government] use open data format software in all of
its computing functions.
Be It Enacted by the [people]:
SECTION 1: DEFINITIONS
-
'Open data format' means a data format that
encodes computer data in such a way that the
encoding:
(A) Is free for all to implement and use in
perpetuity, with no royalty or fee;
(B) Has no restrictions on the use of data stored
in the format;
(C) Has no restrictions on the creation of
software that stores, transmits, receives or
accesses data codified in such way;
(D) Has a specification available for all to read, in a
human-readable format, written in commonly
accepted techical language;
(E) Is completely documented, so that anyone can
write software that can read and interpret the
complete semantics of any data file stored in the
data format.
(F) If it allows extensions, all extensions of the
data format must themselves be documented and have
the other herein defined characteristics of an open
data format for;
(G) Allows any file written in that format to be
identified as adhering or not adhering to the
format.
-
If a data format includes any use of encryption,
the encryption algorithm must be usable on a
royalty-free, non-discriminatory manner in
perpetuity, and documented such that anyone in
possession of the appropriate encryption key or
keys shall be able to write software to unencrypt
the data.
-
A format that is not an open data format shall be
referred to as a restricted format.
SECTION 2: GOALS
- All computer data that [government] stores
shall be in an open format. This includes any data
that is stored on [government] computers, or
exchanged between a [government] computer and a
computer outside of [government].
- The data formats covered by this bill do not include
the following:
(A) Protocols used for network communication;
(B) Data formats of files used only by the internal
workings of a particular piece of software, as an
example those that store configuration information
not needed to retrieve user data.
- Any new data formats which [government] defines
and to which it owns all rights shall be open data
formats.
SECTION 3: NEW SOFTWARE
- For all new software acquisitions, the person or
governing body charged with administering each
administrative division of [government], including
every department, division, agency, board or
commission, without regard to the designation given
the entity, shall ensure that all data will be
written in open data formats.
- Open data formats shall be used in situations
where the other requirements of the project do not
make it inappropriate or technically impossible to
use. For a particular project involving storing or
exchanging data, when satisfaction of essential
project requirements precludes the use of an open
data format, then a restricted data format may be
chosen.
- Neither the current storage format of previously-collected
data, nor current utilization of specific software products, shall be
deemed in and of themselves sufficient reason, in absence of
other specific overriding functional requirements, to use
a restricted format.
- If a restricted data format is used, [government] shall provide written justification to
the central purchasing agency as to why it was
unable to use an open data format.
SECTION 4: EXISTING DATA
- In situations where [government] has existing
data stored in a data format to which it owns all
rights, including data produced by software
developed outside of [government] as a "work for
hire", the format shall be made open within one
year from the day this bill becomes law.
- Existing data stored in a restricted format to
which [government] does not own the rights may
continue to be stored and processed in that format.
Projects that continue to use closed formats shall
be reexamined every four years to determine if the
format has since become open, and if not, whether
an appropriate open format exists.
- If a project is undertaken to convert existing
data in a restricted format to another format,
including conversions made for the purpose of
archiving data,
an open data format shall be
selected for the new format unless there are technical reasons
preventing it.
- If any existing data
is released to the public, it shall be converted
to an open format where possible.
SECTION 5: DOCUMENTATION
- Documentation on open data formats used by
[government] shall be made readily accessible from a central location on
the Internet. When data in an open format is made
available through [government]'s website, a link
shall be provided to the corresponding data format
documentation.
- If data in an open format is made available to the
public via a different method, a reasonable attempt
shall be made to provide information on the data
format documentation.
Posted by Adam Barr at
11:38 PM
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