Your stance on…

OSS: Should public authorities (administration, education, etc.) rely more on vendor-independent software and purchase services instead of programs? (Opposite: vendor-dependent software.)
Open Source/Free Software is software for which no license fees are charged. In addition, it can be used without restriction and its program code (structure of the software) is open and freely accessible. When Open Source/Free Software is used, interfaces are usually much better documented than with program code that cannot be viewed openly. If the software offering or the service no longer meets the requirements, it is easy to change, as any provider can support software or interfaces as required. When using non-free software, interfaces, number of users and conditions of use are subject to certain licenses and, depending on the case, require an in-depth examination of the corresponding conditions before adapting the internal structures. In the case of open source software, it is possible to purchase desired changes, but these changes are normally also released to all and are available to all if it makes sense. With closed software this is rarely the case, adaptations are usually only made for the ordering company.
Open Source
Free Software
Proprietary Software
No
Yes
OpenGov: Should the public sector sell its own software developments under licence? (Opposite: For free use, put at disposal of everyone interested or do not publish at all.)
The public sector often develops software solutions for its own needs or has them developed by external service providers. If the copyright lies within the administration, the software can either be licensed to others or made available to the public for free use according to the "Public Money, Public Code" principle.
Open Justitia - DE
Public Code
No
Yes
OpenGov: Should public authorities have some degree of freedom to decide whether or not to put contracts out to public tender? (Opposite: should direct agreement be restricted in public procurement?)
When the public sector buys or commissions something, this is referred to as procurement. It is estimated that the Confederation spends around CHF 1.2 billion annually on IT solutions and services, making it Switzerland's largest IT procurer. If the purchases of the federal government, cantons and municipalities for services, defence, construction and infrastructure are included, investments worth up to CHF 50 billion are made. A good half of all contracts are awarded by the public sector on a discretionary basis, i.e. at its own discretion, without prior invitation to tender. This is due to unclear legislation and the possibility of splitting contracts into such small parts that they no longer have to comply with the stricter rules. Through more transparency in the award procedure, the inclusion of sustainability criteria for surcharges and the restriction of the exceptional conditions in the Federal Act on Public Procurement (Bundesgesetz über das öffentlichen Beschaffungswesen - BöB), smaller SMEs and Free Software providers would also have more chances of winning contracts.
Öffentliches Beschaffungswesen
No
Yes
Net neutrality: Should Internet service providers (mainly telecom providers) be obliged to continue to transport all Internet services equally according to the 'best effort' principle in order to maintain net neutrality? (Opposite: service providers can decide for themselves what and how fast they want to transfer certain data through their cables according to their own principles and via contracts with customers and providers.)
The following reasons speak for a legal regulation of net neutrality:
  • Innovations: Without net neutrality, innovative companies must expect restricted access to Internet users and financially strong competition to be favoured.
  • Consumer protection: Without net neutrality, the offerings of telecom providers are more confusing, making it even more difficult to compare prices and services.
  • Freedom of information: Without net neutrality, telecom providers can determine to which services and information citizens have access on the Internet.
  • Future of the Internet: Without ensuring net neutrality, a two-tier Internet threatens to emerge that favours the formation of media oligopolies. Only financially strong large companies could ensure that their content reaches Internet users in competitive quality. The Federal Council also only provides in the revised Telecommunications Act a duty to inform and therefore does not want to establish net neutrality.
Net neutrality
No
Yes
Surveillance: Do you think that the state should restrict the monitoring and storage of all communication data without any reason, on a nationwide basis and independently of suspicion in Switzerland? (Opposite: authorities in Switzerland (and possibly abroad) should be able to intercept and record all citizens and their communications at any time.
n the case of serious crimes, the state must be allowed to supervise certain persons by a court order. Modern monitoring powers exist and additional powers will be introduced by the Federal Act on the Monitoring of Postal and Telecommunications Traffic (BÜPF) 2018. In contrast to targeted surveillance, however, it constitutes a disproportionate encroachment on the human right to privacy, as it allows all communications (including those covered by professional secrecy) to be preventively monitored and stored. The fact that these data are also available to the secret service and do not have to be approved by a judge for identification purposes in the case of criminal offences on the Internet and that no restrictive list of offences applies makes things more difficult. It is important to consider whether the institutions concerned, or their employees, can be trusted unconditionally in the future and whether the data cannot fall into the wrong hands.
Überwachung in der Schweiz
No
Yes
Opendata: Should authorities only make collected data and statistics available to paying customers? (Opposite: free publication of non-personal and non-safety-relevant public data (Open Government Data))
Open (anonymised) authority data open up a wide range of possibilities: Citizens can better understand and comprehend the actions of government and administration on the basis of data. Administrations can use new opportunities for cooperation in the production and use of data. Scientists and researchers can use existing data to achieve new research results. Consumers can use data to make better decisions when choosing products and services. Companies can design new products and services and thus make a decisive contribution to a country's innovation performance.
Federal Office of Meteorology and Climatology MeteoSwiss
Federal Statistical Office FSO
No
Yes
Opendata: Should public authorities be obliged to use license-free/open standards (file formats, interfaces, etc.) for communication and archiving? (Opposite: Authorities orient themselves with their choice of communication forms and formats on the popularity and/or the software supplier.)
Open standards such as file formats, program interfaces or communication languages enable the interaction of different IT applications. With an open standard, all market participants have the same opportunities to develop compatible software solutions. This promotes competition and stimulates innovation. An open standard is controlled by a non-profit organization and its technical properties are publicly accessible and unrestricted.
No
Yes
Open Education: Should all publicly financed teaching materials (e.g. SRF school television) be accessible digitally and free of charge under a free licence (Open Education)? (Opposite: All institutions create or buy their own teaching materials.)
Open Education is to be understood as an educational policy concern that aims to make education and knowledge freely available and accessible. Unrestricted access to knowledge and education plays a key role in digitisation and virtualisation trends in order to ensure equal opportunities for all. In concrete terms, all teaching materials should be published under free licenses such as Creative Commons.
No
Yes
Open Education: Should public educational institutions teach the use of paid software? (Opposite: Should the lessons be designed with Open Source/Free Software (Open Education)?)
Equal opportunities are an important factor in the information society. To ensure that all pupils have the opportunity to use digital tools, all educational institutions should in principle work with open source/free software. This means that both learners and teachers can use the software applications free of charge and without restriction.
No
Yes
Copyright: Should works in the public domain and publicly financed cultural assets (e.g. photographs, films) be made accessible and reusable free of charge under a free license (e.g. Creative Commons)? (Opposite: Leaving the current situation as it is and giving the responsibility for the legal status of publicly financed cultural assets to those who wish to use some of them.)
Copyright is obsolete and no longer practicable in the digital age. For example, the regulation on orphan works is unclear and the term of protection is 70 years.
The revision of the Copyright Act (URG) contains some modernisation measures and was discussed by parliament in 2018. However, a forward-looking and contemporary copyright law would have to go further to meet the needs of rights holders and users in the information age: The financing of cultural and knowledge assets through public funds should also be linked to a legally regulated secondary publication right. Furthermore, only works that are actively protected by the author should be protected by copyright. For example, protection could be granted before a copyright on works in the public domain is registered.
In this way, one could prevent someone from appropriating the copyright to works in the public domain.
Creative Commons
No
Yes
Information privacy: Should the state retain sovereignty over personal data in e-government solutions such as electronic identity (E-ID)? (Opposite: Should private providers manage the electronic identities?)
In the future, it should be possible to use a uniform electronic identity (E-ID) to make online purchases, e-banking and digital visits to the authorities simply and securely. This would enable a number of efficiency gains and innovations in the private sector, the public sector and digital democracy. The draft currently proposed by the Federal Council allows private providers of digital identities. Several industry representatives and political exponents demand that in the law the data sovereignty should remain with the state and that private providers should only be commissioned for the technical implementation in compliance with strict data protection regulations.
No
Yes
Information privacy: Should the right to data transferability (data portability) be adopted in the revision of the Data Protection Act? (Opposite: The data which companies receive from their users also belong to the companies)
An effective data protection law has a positive effect on Switzerland as a business location, as strong data protection is attractive both for the Swiss population and for foreign customers. Data portability allows data subjects to receive the personal data they have made available to a company (processor) in a structured, common and machine-readable format and to transfer it to another data processor. This allows individuals to use their personal data flexibly with different processors, thereby reducing dependency on individual companies. In addition, the competition between the processors is promoted. However, the currently planned total revision of the Data Protection Act does not provide for the adoption of a right to data portability modelled on the European Data Protection Basic Regulation for Switzerland.
No
Yes
Surveillance: Should it be possible to interfere with the Internet infrastructure in order to block access to websites (network blocking)? (Opposite: blocking is not allowed. Law enforcement focuses on international cooperation.)
Blocking networks is a popular way to easily interrupt the flow of unwanted information. As it is not always easy to prosecute criminal offences abroad, this technology is a good choice. The content, however, is still available - and a little knowledge about how these locks work or access to appropriate computer programs is enough to overcome this obstacle.
Most of the time there are problems with unblocking, which is especially fatal with websites that have been abused by third parties. In addition, these possibilities are often used to block unwanted competition, opinions, products and knowledge.
heise.de - DE
No
Yes
Information privacy: Should Switzerland introduce the GDPR? (Opposite: Switzerland will regulate the Data Protection Act on its own or leave it at the current level).
Since May 2018, the European Data Protection Basic Regulation applies:
Since it also regulates all data connections to the EU, almost all companies with EU contacts have to deal with it.
Companies and institutions that process data must adhere to data protection principles such as legality, fairness, transparency, purpose limitation and data minimisation. This is also provided for by the (revised) Swiss Data Protection Act. In the EU, fines of up to 20 million euros or up to 4% of the total annual worldwide turnover in the previous financial year (also for companies based outside the EU) can be imposed for serious infringements. The Swiss proposal massively reduces the scope for sanctions.
General Data Protection Regulation
No
Yes
OpenAccess: Researchers who receive public funds, for example from the National Fund, may only publish as Open Access during the time they receive money and in the following two years. (Opposite: Researchers who receive public funding, for example from the Swiss National Science Foundation (SNSF), can decide for themselves how to exploit their research results.)
No
Yes
OpenGov: There may be software developments by institutions under public law which, for security reasons, must be treated as company secrets and may not be disclosed to third parties. (Opposite: there is no software that would have to be considered a company secret for security reasons.)
The public sector often develops its own software solutions for its own needs or has them developed by external service providers. If the copyright lies with the administration, the software can either be kept to itself, licensed to others or made freely available to the public according to the "public money, public code" principle.
publiccode.eu
No
Yes