日中韓自由貿易協定(FTA)交渉の第10 回交渉会合(局長/局次長会合)が開催されます
「活力あふれる『ビンテージ・ソサエティ』の実現に向けて」(研究会報告書)をとりまとめました
自動走行との連携が期待される、地図情報に関する国際規格が発行されました
東京電力株式会社の会社分割について、電気事業法に基づき認可しました
EFF Launches New Fight to Free the Law
EFF has filed a new lawsuit against the Consumer Product Safety Commission (CPSC) to ensure that the public has full access to the laws that govern us.
Our client Public.Resource.Org (Public Resource), a tiny non-profit founded by open records advocate Carl Malamud, has a mission that’s both simple and powerful: to make government information more accessible. Public Resource acquires and makes available online a wide variety of public documents such as tax filings, government-produced videos, and federal rules about safety and product designs. Those rules are initially created through private standards organizations and later incorporated into federal law. Such documents are often difficult to access otherwise, meaning the public cannot read, share, or comment on them.
Working with Harvard Law School’s Cyberlaw Clinic, Public Resource has been submitting Freedom of Information Act requests to the CPSC requesting copies of the legally binding safety codes for children’s products—an area of law of intense interest to child safety advocates and consumer advocates, not to mention the families who use those products. But CPSC says it can’t release the codes, because the private association that coordinated their initial development insists that it retains copyright in them even after they have been adopted into law. That’s like saying a lobbyist who drafted a new tax law gets to control who reads it or shares it, even after it becomes a legal mandate.
Faced with similar claims, some courts, including the Court of Appeals for the Fifth Circuit, have held that the safety codes lose copyright protection when they are incorporated into law. Others, like the D.C. Circuit (in a case EFF defended on Public Resource’s behalf), have held that even if the standards don't lose copyright once they are incorporated into law, making them fully accessible and usable online is a lawful fair use.
Now EFF has teamed up with the Cyberlaw Clinic to continue the fight. We’re asking a court to rule that copyright is no barrier to accessing and sharing the rules that are supposed to ensure the safety of our built environment and the products we use every day. With the rule of law under assault around the nation, it is more important than ever to defend our ability to read and speak the law, without restrictions.