EFF Tells Yet Another Court to Ensure Everyone Has Access to the Law and Reject Private Gatekeepers

"Our laws belong to all of us, and we should be able to find, read, and comment on them free of registration requirements, fees, and other roadblocks. That means private organizations shouldn’t be able to control who can read and share the law, or where and how we can do those things. But that’s exactly what some industry groups are trying to do.

EFF has been fighting for years to stop them. The most recent instance is ASTM v. Upcodes. ASTM, an organization that develops technical standards, claims it retains copyright in those standards even when they’ve become binding law through “incorporation by reference.” When a standard is incorporated “by reference,” that means its text is not actually reprinted in the body of the government’s published regulations. Instead, the regulations include a citation to the standard, which means you have to track down a copy somewhere else if you want to know what the law requires...."