New Hampshire passed a new law advocating open source software and open data formats. While not perfect, HB418 (full text here) represents a huge step forward for transparency and technical competence in government.

The law requires state agencies to consider the use of OSS and open data formats and to justify occasions when they elect a propriety solution where an open solution is available. Additionally, data formats developed by state agencies must be released as an open standard with full documentation, and all remaining propriety data formats must be re-assessed every four years to see if an acceptable open solution can replace it. Interestingly, the judiciary is exempt from this new requirement.

While not spelled out in the official analysis, the bill also contains language encouraging adoption of software platforms released with open licenses. The law reads:

It is also in the public interest that the state be free, to the greatest extent possible, of conditions imposed by parties outside the state’s control on how, and for how long, the state may use the software it has acquired….

The law further compels agencies to find solutions that do not depend on external service providers.

It is worth pointing out that New Hampshire is operating with a flawed understanding of “open source”. The definition they use only includes software completely free of cost and licensing restrictions. Obviously, not all OSS is free and many packages come with somewhat restrictive licenses; a lot of good code will be excluded from consideration.

That said, I prefer their definition, anyway.