Feedback desired: Minnesota Open Data bill

[Seth Cohn]

Feedback (positive, negative, suggestions, etc) wanted... Looks like
I'm splitting the 'open source' bill into 2 parts: open source
software, and open data formats.  While the argument can be made that
they are directly related, it's entirely possible to have open formats
with closed source software implementations.  And it gives me two
bites at the apple, where one might fail entirely.  I want both, but
by splitting them, it's possible to get one or both through.

Original can be found at
https://www.revisor.mn.gov/bin/bldbill.php?bill=H3971.0.html&session=ls84
This is from 2006, and went nowhere.  We'll get much further here...

(if you know of other states legislation, let me know, I'm trying to
look for the best of breed...)

Ignore the State of Minnesota specifics, and however they differ from
New Hampshire, I'm more concerned with the technical descriptions and
policies.


                                        A bill for an act
     relating to state government; requiring state agencies to use
open data formats;
     amending Minnesota Statutes 2005 Supplement, sections 16E.03,
subdivision 1;
     16E.04, subdivision 2.
     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

         Section 1. Minnesota Statutes 2005 Supplement, section
16E.03, subdivision 1, is
     amended to read:
         Subdivision 1. Definitions. For the purposes of chapter 16E,
the following terms
     have the meanings given them.
    (a) "Information and telecommunications technology systems and
services" means
    all computing and telecommunications hardware and software, the
activities undertaken
    to secure that hardware and software, and the activities
undertaken to acquire, transport,
    process, analyze, store, and disseminate information
electronically. "Information and
    telecommunications technology systems and services" includes all
proposed expenditures
    for computing and telecommunications hardware and software,
security for that hardware
    and software, and related consulting or other professional services.
    (b) "Information and telecommunications technology project" means
an effort to
    acquire or produce information and telecommunications technology
systems and services.
    (c) "Telecommunications" means voice, video, and data electronic
transmissions
    transported by wire, wireless, fiber-optic, radio, or other
available transport technology.
   (d) "Cyber security" means the protection of data and systems in
networks connected
    to the Internet.
    (e) "State agency" means an agency in the executive branch of
state government
    and includes the Minnesota Higher Education Services Office, but
does not include the
     Minnesota State Colleges and Universities unless specifically
provided elsewhere in
     this chapter.
     (f) "Open standards" means specifications for the encoding and
transfer of computer
     data that:
     (1) is free for all to implement and use in perpetuity, with no
royalty or fee;
     (2) has no restrictions on the use of data stored in the format;
     (3) has no restrictions on the creation of software that stores,
transmits, receives, or
     accesses data codified in such way;
     (4) has a specification available for all to read, in a
human-readable format, written
    in commonly accepted technical language;
    (5) is documented, so that anyone can write software that can read
and interpret the
    complete semantics of any data file stored in the data format;
    (6) if it allows extensions, ensures that all extensions of the
data format are
   themselves documented and have the other characteristics of an open
data format;
   (7) allows any file written in that format to be identified as
adhering or not adhering
   to the format;
    (8) if it includes any use of encryption, provides that the
encryption algorithm is
    usable on a royalty-free, nondiscriminatory manner in perpetuity,
and is documented
    so that anyone in possession of the appropriate encryption key or
keys is able to write
    software to unencrypt the data.
    (g) "Restricted format" means any data format that is accessed,
stored, or transferred
   and is not open standards compliant.

        Sec. 2. Minnesota Statutes 2005 Supplement, section 16E.04,
subdivision 2, is
    amended to read:
        Subd. 2. Responsibilities. (a) In addition to other activities
prescribed by law, the
    office shall carry out the duties set out in this subdivision.
    (b) The office shall develop and establish a state information
architecture to ensure
    that state agency development and purchase of information and
communications systems,
    equipment, and services is designed to ensure that individual
agency information systems
    complement and do not needlessly duplicate or conflict with the
systems of other agencies.
    When state agencies have need for the same or similar public data,
the chief information
    officer, in coordination with the affected agencies, shall manage
the most efficient and
    cost-effective method of producing and storing data for or sharing
data between those
    agencies. The development of this information architecture must
include the establishment
     of standards and guidelines to be followed by state agencies. The
office shall ensure
     compliance with the architecture.
     (c) The office shall assist state agencies in the planning and
management of
     information systems so that an individual information system
reflects and supports the
     state agency's mission and the state's requirements and
functions. The office shall review
     and approve agency technology plans to ensure consistency with
enterprise information
     and telecommunications technology strategy.
     (d) The office shall review and approve agency requests for
funding for the
     development or purchase of information systems equipment or
software before the
    requests may be included in the governor's budget.
    (e) The office shall review major purchases of information systems
equipment to:
    (1) ensure that the equipment follows the standards and guidelines
of the state
    information architecture;
    (2) ensure the agency's proposed purchase reflects a
cost-effective policy regarding
    volume purchasing; and
    (3) ensure that the equipment is consistent with other systems in
other state agencies
    so that data can be shared among agencies, unless the office
determines that the agency
    purchasing the equipment has special needs justifying the inconsistency.
    (f) The office shall review the operation of information systems
by state agencies
   and ensure that these systems are operated efficiently and securely
and continually meet
    the standards and guidelines established by the office. The
standards and guidelines must
    emphasize uniformity that is cost-effective for the enterprise,
that encourages information
    interchange, open systems environments, and portability of
information whenever
    practicable and consistent with an agency's authority and chapter 13.
    (g) The office shall assist state agencies to avoid the purchase
or creation of data
    processing devices or systems that do not comply with open
standards for the accessing,
    storing, or transferring of data. The office shall:
    (1) ensure any new data standards which the state of Minnesota
defines and to which
    it owns all rights are open standards compliant;
    (2) use open standards in situations where the other requirements
of a project do not
    make it technically impossible to do this. For a particular
project involving the access,
    storage, or transfer of data, a restricted data format may be
chosen when satisfaction
    of essential project requirements precludes the use of an open
data format. Neither the
    current storage format of previously collected data, nor current
utilization of specific
    software products, is a sufficient reason, in absence of other
specific overriding functional
    requirements, to use a restricted format;
     (3) reexamine existing data stored in a restricted format, to
which the state of
    Minnesota does not own the rights, every four years to determine
if the format has become
     open and, if not, whether an appropriate open standard exists;
     (4) make readily accessible, from a central location on the
Internet, documentation
     on open data formats used by the state of Minnesota. When data in
open format is made
    available through the state's Web site, a link shall be provided
to the corresponding data
    format documentation.
    (h) The office shall conduct a comprehensive review at least every
three years of
    the information systems investments that have been made by state
agencies and higher
    education institutions. The review must include recommendations on
any information
    systems applications that could be provided in a more
cost-beneficial manner by an outside
     source. The office must report the results of its review to the
legislature and the governor.