All eBird data are open and accessible, basically. There's a balance. It's not considered pure open-source, because we do ask for what your research affiliation is and what the purpose of the data is. That helps us, then, when we're able to come to meetings like this and others to understand the use of the data. Anybody is able to access the data once they answer those questions.
On February 7th, 2023. See this statement in context.