Govt and open source

Warning: this article gets a little ranty, but please, bear with me and help improve my thoughts by commenting.

Doc Searls of Linux Journal linked recently in his article Is government open source code we can patch? to an article by Britt Blasser entitled “Oh, if only government went in for an open source make-over…”. The article indirectly cites through a reference to Phil Hughes’ own Our Internet article two articles, FCC: Moving Beyond Network Neutrality and Our Internet!, by Bob Frankston, who Doc Searls recently interviewed for Linux Journal in Beyond Telecom (non-free registration required, subscribers can get it free).

In his article, Searls says:

Democracy is by nature “our government”. The open source twist on that we put it together and can hack improvements to it. Think of elected officials as committers and maintainers and you start go get the idea.

The analogy isn’t perfect, because by nature open source code is purely practical: it has to work. While government often does not. All government is buggy. In the worst cases it crashes outright and is replaced or supplemented by corrupt alternatives.

This analogy is fairly strong. However, commenter Frymaster supplies an addendum which strengthens it:

The US Constitution itself is open source, if you will, and editable. “The Framers” intended that Americans would change it to meet changing times, hence the series of amendments covering key rights like voting, and, most importantly, consuming alcohol. But they set the bar high, requiring super-majorities in both houses of Congress PLUS each of the states.

The Constitution certainly is open source. We’re free to change it, and other countries, fledgling or long-established, are welcome to take our code—our elemental specification of government—and adapt, implement, and utilize it. We’d like to receive contributions back, because they might be worthwhile enough to include in the trunk code. Even if these modifications aren’t strong enough for trunk, they might be strong enough for that government to maintain as a branch.

The Constitution is inherently good. Some might argue that it is outdated, but these folks are in error and their sentiments should be dismissed if they believe that it is irrelevant and should not be followed. The Constitution establishes a rule of law, wherein all citizens of the land give rights to a union of states, called the United States of America. It establishes procedures for updating it through amendments, which require a majority vote not only by two small bodies of people, but a majority vote of the several states, as Frymaster reminds us. This amendment process keeps those two smaller bodies of 535 people from legislating away the rights of their constituents.