H.R.4009 - Protecting and Enhancing Public Access to Codes Act; Pro Codes Act (119th Congress)
Summary
H.R. 4009, the Pro Codes Act, aims to amend Title 17 of the United States Code to address the incorporation of standards by reference into law. The bill seeks to balance public access to these standards with the copyright protections necessary for standards development organizations to sustain their operations. It requires that standards development organizations make incorporated standards publicly accessible online at no cost to retain copyright protection.
Expected Effects
The bill will likely result in increased public access to technical standards and voluntary consensus standards that are incorporated into laws and regulations. This could lead to better-informed citizens and businesses. It may also impact the revenue models of standards development organizations, potentially affecting their ability to fund the creation and updating of standards.
Potential Benefits
- Increased public access to standards incorporated into law, promoting transparency and informed decision-making.
- Reaffirmation of the importance of standards development organizations and their role in creating technical standards.
- Encourages standards development organizations to provide online access to standards, potentially leading to innovation and improved public safety.
- Codifies requirements for works incorporated by reference into law, providing clarity and consistency.
- A study on the financial impact to governments associated with acquiring access to standards incorporated by reference into law.
Potential Disadvantages
- Potential impact on the revenue streams of standards development organizations, which could affect their ability to fund the development and maintenance of standards.
- The burden of proof lies on the party asserting non-compliance, which may make it difficult to challenge standards development organizations.
- The definition of 'publicly accessible online' may still allow for some restrictions, such as requiring account creation, which could limit access for some individuals.
- The cost of implementing and maintaining publicly accessible online standards may be a burden for some standards development organizations.
- The study on the financial impact to governments may not lead to immediate solutions or changes.
Constitutional Alignment
The bill aligns with the spirit of promoting the general welfare (Preamble) by ensuring public access to information that impacts laws and regulations. Congress's power to legislate on copyright is derived from Article I, Section 8, Clause 8, which grants Congress the power to "promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." The bill attempts to balance this right with the public interest.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).