Open Standards

Section 21-R:10

    21-R:10 Definitions. –
In this subdivision:
I. " Open data format " means the organization of digital data within a computer file in a manner that makes it accessible for all to implement and use in perpetuity, with no royalty or fee. The published specification for the open data format is usually maintained by a standards organization.
I-a. " Open source software " means software that guarantees the user:
(a) Unrestricted use of the software for any purpose;
(b) Unrestricted access to the respective source code;
(c) Unlimited inspection of the working mechanisms of the software;
(d) Use of the internal mechanisms and arbitrary portions of the software, to adapt them to the needs of the user;
(e) The right to make and distribute copies of the software; and
(f) The right to modify the software and to distribute modifications of the new resulting software, under the same license as the original software.
II. " Open standards " means specifications for the encoding and transfer of computer data that:
(a) Is free for all to implement and use in perpetuity, with no royalty or fee;
(b) Has no restrictions on the use of data stored in the format;
(c) Has no restrictions on the creation of software that stores, transmits, receives, or accesses data codified in such way;
(d) Has a specification available for all to read, in a human-readable format, written in commonly accepted technical language;
(e) 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;
(f) If it allows extensions, ensures that all extensions of the data format used by the state are themselves documented and have the other characteristics of an open data format;
(g) Allows any file written in that format to be identified as adhering or not adhering to the format; and
(h) If it includes any use of encryption or other means of data obfuscation, provides that the encryption or obfuscation algorithms are usable in a royalty-free, nondiscriminatory manner in perpetuity, and are documented so that anyone in possession of the appropriate encryption key or keys or other data necessary to recover the original data is able to write software to access the data.
III. " Proprietary software " means software that does not fulfill all of the guarantees provided by open source software.
IV. " State agency " means any department, commission, board, institution, bureau, office, or other entity, by whatever name called, established in the state constitution, statutes, or executive orders. The judicial branch and the legislative branch of state government are explicitly exempted from this definition.

Source. 2012, 5:2, eff. May 11, 2012. 2013, 118:1, 7, eff. June 25, 2013.