The state I lived in developed one of those covid tracking apps. I asked for the source code and was told it wasn't available and would never be. I talked to people working on other software developed for the state and they all think that software shouldn't be public. It seems crazy to me that taxpayers pay for this software but it doesn't belong to them. Knowing what I do know I gotta wonder if it's just about those…
If I was a state employee and I wrote the app, and I had to release the source code, then I'm making it very easy for a bad actor to find a vulnerability and exploit it to leak the data of citizens.
One might respond: "Well software shouldn't have those holes! Just because it's closed source, doesn't mean that won't happen anyway
Also true, in an ideal world, the software should be free from such vulnerabilities.
However security by obscurity is a layer of defense... And there might be other controls in place too to help.. e.g. a git repo behind SSO...
If I accidentally check in a CSV of a data dump, or my access Keys, etc... It doesn't immediately become a data leak/issue.. I have at least some time to reconcile that.. but if the repo is publicly accessible, the moment it hits the wire someone can copy that data...
One might follow up: "Well, they should not make the code if they are not competent enough to write it and host it"
Would be nice as well! But sadly there is only so many developers that can do this kind of work with a very high level of security and competence... By requiring governments to make this code freely available, you could basically assume two outcomes: nothing the government has on you will be secret, including sealed records and private information. In addition, IT workers would be paid 7-figures with 5-10 years of experience, as every government project that touches software now needs 5+ highly trained workers to avoid gigantic lawsuits.. and no one could get an entry level job in government because one bad commit could cause an 8-figure lawsuit
And just to throw in a silly extrapolation... I would love an M109 Paladin tank... my tax dollars pay for them :-)