Protecting and Enhancing Public Access to Codes Act of 2025; Pro Codes Act
Summary
The "Protecting and Enhancing Public Access to Codes Act of 2025" (Pro Codes Act) aims to amend Title 17 of the United States Code to ensure public access to standards incorporated by reference into law. It addresses the balance between copyright protection for standards development organizations and the public's need to access these standards when they are referenced in laws and regulations. The bill seeks to codify practices where standards development organizations provide free online access to their standards while maintaining their revenue streams.
Expected Effects
The Pro Codes Act will likely result in standards development organizations making their standards publicly accessible online to maintain copyright protection when those standards are incorporated into law. This could lead to greater transparency and easier access to information for citizens and businesses. It also sets requirements for online accessibility, ensuring compliance with Section 508 of the Rehabilitation Act.
Potential Benefits
- Increased Transparency: Public access to incorporated standards enhances transparency in regulations.
- Informed Citizenry: Citizens can readily access the standards that impact their lives and businesses.
- Innovation and Commerce: Easier access to standards can foster innovation and facilitate commerce.
- Cost Savings: Governments may save costs by leveraging standards developed by private organizations.
- Improved Public Safety: Access to up-to-date standards can improve public health and safety.
Potential Disadvantages
- Potential Copyright Challenges: Standards development organizations may face challenges in maintaining revenue streams if free access is mandated.
- Implementation Costs: Organizations may incur costs to make standards publicly accessible online, including ensuring accessibility compliance.
- Enforcement Difficulties: Ensuring compliance with the Act's provisions may present enforcement challenges.
- Unintended Consequences: The Act may have unintended consequences on the development and updating of standards if funding models are disrupted.
- Burden of Proof: The burden of proof placed on parties asserting non-compliance by standards organizations could be difficult to meet.
Constitutional Alignment
The Pro Codes Act aligns with the spirit of promoting the general welfare, as stated in the Preamble of the US Constitution, by ensuring public access to information incorporated into law. It also indirectly relates to the First Amendment by promoting access to information, although it doesn't directly implicate freedom of speech or the press. The Act's focus on copyright also relates to Article I, Section 8, Clause 8, which grants Congress the power to secure for limited times to authors and inventors the exclusive right to their respective writings and discoveries.
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).