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1. Measures Governments Can Use to Promote Free Software {#measures-governments-can-use-to-promote-free-software .chapter}
========================================================
This article suggests policies for a strong and firm effort to promote
free software within the state, and to lead the rest of the country
towards software freedom.
The mission of the state is to organize society for the freedom and
well-being of the people. One aspect of this mission, in the computing
field, is to encourage users to adopt free software: software that
respects the users’ freedom.[(1)](#FOOT1) A proprietary (nonfree)
program tramples the freedom of those that use it; it is a social
problem that the state should work to eradicate.
@firstcopyingnotice{{@footnoterule @smallskip Copyright © 2011–2014 Free
Software Foundation, Inc.\
{This article was first published on , in 2011. This
version is part of @fsfsthreecite}
The state needs to insist on free software in its own computing for the
sake of its computational sovereignty (the state’s control over its own
computing). All users deserve control over their computing, but the
state has a responsibility to the people to maintain control over the
computing it does on their behalf. Most government activities now depend
on computing, and its control over those activities depends on its
control over that computing. Losing this control in an agency whose
mission is critical undermines national security.
Moving state agencies to free software can also provide secondary
benefits, such as saving money and encouraging local software-support
businesses.
In this text, “state entities” refers to all levels of government, and
means public agencies including schools, public-private partnerships,
largely state-funded activities such as charter schools, and “private”
corporations controlled by the state or established with special
privileges or functions by the state.
### Education {#education .subheading}
The most important policy concerns education, since that shapes the
future of the country:
- **Teach only free software**\
Educational activities, or at least those of state entities, must
teach only free software (thus, they should never lead students to
use a nonfree program), and should teach the civic reasons for
insisting on free software. To teach a nonfree program is to teach
dependence, which is contrary to the mission of the school.
### The State and the Public {#the-state-and-the-public .subheading}
Also crucial are state policies that influence what software individuals
and organizations use:
- **Never require nonfree programs**\
Laws and public sector practices must be changed so that they never
require or pressure individuals or organizations to use a
nonfree program. They should also discourage communication and
publication practices that imply such consequences (including
Digital Restrictions Management[(2)](#FOOT2)).
- **Distribute only free software**\
Whenever a state entity distributes software to the public,
including programs included in or specified by its web pages, it
must be distributed as free software, and must be capable of running
on a platform containing exclusively free software.
- **State web sites**\
State entity web sites and network services must be designed so
that users can use them, without disadvantage, by means of free
software exclusively.
- **Free formats and protocols**\
State entities must use only file formats and communication
protocols that are well supported by free software, preferably with
published specifications. (We do not state this in terms of
“standards” because it should apply to nonstandardized interfaces as
well as standardized ones.) For example, they must not distribute
audio or video recordings in formats that require Flash or nonfree
codecs, and public libraries must not distribute works with Digital
Restrictions Management.
- **Untie computers from licenses**\
Sale of computers must not require purchase of a proprietary
software license. The seller should be required by law to offer the
purchaser the option of buying the computer without the proprietary
software and without paying the license fee. The imposed payment is
a secondary wrong, and should not distract us from the essential
injustice of proprietary software, the loss of freedom which results
from using it. Nonetheless, the abuse of forcing users to pay for it
gives certain proprietary software developers an additional unfair
advantage, detrimental to users’ freedom. It is proper for the state
to prevent this abuse.
### Computational Sovereignty {#computational-sovereignty .subheading}
Several policies affect the computational sovereignty of the state.
State entities must maintain control over their computing, not cede
control to private hands. These points apply to all computers, including
smartphones.
- **Migrate to free software**\
State entities must migrate to free software, and must not install,
or continue using, any nonfree software except under a
temporary exception. Only one agency should have the authority to
grant these temporary exceptions, and only when shown
compelling reasons. This agency’s goal should be to reduce the
number of exceptions to zero.
- **Develop free IT solutions**\
When a state entity pays for development of a computing solution,
the contract must require it be delivered as free software, and that
it be designed such that one can both run it and develop it on a
100-percent-free environment. All contracts must require this, so
that if the developer does not comply with these requirements, the
work cannot be paid for.
- **Choose computers for free software**\
When a state entity buys or leases computers, it must choose among
the models that come closest, in their class, to being capable of
running without any proprietary software. The state should maintain,
for each class of computers, a list of the models authorized based
on this criterion. Models available to both the public and the state
should be preferred to models available only to the state.
- **Negotiate with manufacturers**\
The state should negotiate actively with manufacturers to bring
about the availability in the market (to the state and the public)
of suitable hardware products, in all pertinent product areas, that
require no proprietary software.
- **Unite with other states**\
The state should invite other states to negotiate collectively with
manufacturers about suitable hardware products. Together they will
have more clout.
### Computational Sovereignty II {#computational-sovereignty-ii .subheading}
The computational sovereignty (and security) of the state includes
control over the computers that do the state’s work. This requires
avoiding Service as a Software Substitute,[(3)](#FOOT3) unless the
service is run by a state agency under the same branch of government, as
well as other practices that diminish the state control over its
computing. Therefore,
- **State must control its computers**\
Every computer that the state uses must belong to or be leased by
the same branch of government that uses it, and that branch must not
cede to outsiders the right to decide who has physical access to the
computer, who can do maintenance (hardware or software) on it, or
what software should be installed in it. If the computer is not
portable, then while in use it must be in a physical space of which
the state is the occupant (either as owner or as tenant).
### Influence Development {#influence-development .subheading}
State policy affects free and nonfree software development:
- **Encourage free**\
The state should encourage developers to create or enhance free
software and make it available to the public, e.g. by tax breaks and
other financial incentive. Contrariwise, no such incentives should
be granted for development, distribution or use of nonfree software.
- **Don’t encourage nonfree**\
In particular, proprietary software developers should not be able
to “donate” copies to schools and claim a tax write-off for the
nominal value of the software. Proprietary software is not
legitimate in a school.
### E-Waste {#e-waste .subheading}
Freedom should not imply e-waste:
- **Replaceable software**\
Many modern computers are designed to make it impossible to replace
their preloaded software with free software. Thus, the only way to
free them is to junk them. This practice is harmful to society.
Therefore, it should be illegal, or at least substantially
discouraged through heavy taxation, to sell, import or distribute in
quantity a new computer (that is, not second-hand) or computer-based
product for which secrecy about hardware interfaces or intentional
restrictions prevent users from developing, installing and using
replacements for any and all of the installed software that the
manufacturer could upgrade. This would apply, in particular, to any
device on which “jailbreaking” is needed to install a different
operating system, or in which the interfaces for some peripherals
are secret.
### Technological Neutrality {#technological-neutrality .subheading}
With the measures in this article, the state can recover control over
its computing, and lead the country’s citizens, businesses and
organizations towards control over their computing. However, some object
on the grounds that this would violate the “principle” of technological
neutrality.
The idea of technological neutrality is that the state should not impose
arbitrary preferences on technical choices. Whether that is a valid
principle is disputable, but it is limited in any case to issues that
are merely technical. The measures advocated here address issues of
ethical, social and political importance, so they are outside the scope
of *technological* neutrality.[(4)](#FOOT4) Only those who wish to
subjugate a country would suggest that its government be “neutral” about
its sovereignty or its citizens’ freedom.
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