Pro Codes Act—Or, What If The Law Came Behind A Paywall?

"What if reading the law required a subscription—or quoting a Treasury Regulation had copyright infringement implications? That’s the premise, promise, and peril of the so-called Pro Codes Act, H.R.4072, now before Congress under the thin policy mask of transparency and balance.

At first glance, the bill reads like a reasonable compromise: it allows private organizations that develop technical standards—things like building codes, electrical codes, and potentially tax compliance protocols—to retain their copyrights even after those standards are incorporated by reference into the law. In exchange, they’re supposed to make the material “publicly accessible” online and they can’t overtly charge for it.

This isn’t a win for transparency; it is a legislative shell game that transforms public legal obligations into privatized commodities—public domain law into copyrighted code. For lawyers, tax practitioners, businesses, and most importantly the public at large, it is a direct threat to access, accountability, and justice...."