EFF: EFF to Court: Don’t Let Private Organizations Control Access to the Law
EFF to Court: Don’t Let Private Organizations Control Access to the Law Public.Resource.Org has one simple mission: to improve public access to government documents, including our laws. Public Resource believes—and EFF agrees—that everyone should be able to read, analyze, and share the laws that govern us, without having to pay a gatekeeper or sign a contract. Sounds uncontroversial, right? Not for the standards organizations that sued Public Resource, claiming that they have the right to control access to a huge chunk of the law because they convened the people who drafted it. As a practical matter, the core issue is how these particular laws became legal mandates. In these cases, the works started out as voluntary standards on topics like fire safety, energy efficiency, and test design. Those once-voluntary standards were then adopted as binding law by various city, state, and federal agencies through “incorporation by reference.” When a standard is incorporated “by reference,...