New NH "SOFTWARE Act" legislation, RE: FOSS

Joshua Judson Rosen rozzin at hackerposse.com
Sun Jan 9 17:22:43 EST 2022


Hopefully everyone here has seen this by now, but maybe not since I didn't see any messages here about it yet:

	https://www.fsf.org/blogs/community/new-hampshire-residents-make-your-voice-heard-on-january-11th

	https://gencourt.state.nh.us/bill_status/legacy/bs2016/billText.aspx?sy=2022&id=1363&txtFormat=html


Summary:


> HB 1273  - AS INTRODUCED
> 
> 2022 SESSION
> 
> 22-2270
> 05/04
> 
> HOUSE BILL 1273
> 
> AN ACT relative to the use of free and open source software.
> 
> SPONSORS: Rep. Gallager, Merr. 15; Rep. Marsh, Carr. 8
> 
> COMMITTEE: Executive Departments and Administration
> 
> -----------------------------------------------------------------
> 
> ANALYSIS
> 
> This bill:
> 
> I.  Prohibits certain non-compete clauses and non-disclosure agreements regarding free software projects and the sharing of open source software.
> 
> II.  Prohibits, with limited exception, state agencies from using proprietary software in interactions with the public.
> 
> III.  Recognizes the value of data portability and directs the department of information technology to adopt a policy protecting data portability.
> 
> IV.  Prohibits state and local law enforcement from participating in the enforcement of copyright claims against free and open source software projects.
> 
> V.  Establishes a commission to study the use of free software by state agencies.
> 
> VI.  Establishes a software purchasing policy that permits the purchase of proprietary software and hardware only when free software alternatives are not available.
> 
> VII.  Allows the defendant to examine the source code of proprietary software used to generate evidence against the defendant in a criminal proceeding.


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