EFF Sues CPSC for Public Access to Safety Codes Incorporated into Law
The **Electronic Frontier Foundation (EFF)** has filed a lawsuit against the **Consumer Product Safety Commission (CPSC)**, advocating for the public's right to access safety codes that have been integrated into law. The lawsuit supports **Public.Resource.Org** in their mission to make government information more accessible, challenging copyright claims on legally binding safety standards.
The **Electronic Frontier Foundation (EFF)** has initiated a legal challenge against the **Consumer Product Safety Commission (CPSC)**, aiming to ensure unrestricted public access to laws that govern product safety.
### The Core of the Dispute
At the heart of the matter is **Public.Resource.Org** (Public Resource), a non-profit organization dedicated to enhancing the accessibility of government information. Founded by open records advocate Carl Malamud, Public Resource gathers and disseminates public documents, including tax filings, government videos, and federal safety regulations. These regulations, often developed by private standards organizations, are later incorporated into federal law. However, access to these crucial documents is frequently limited, hindering public scrutiny and commentary.
### Freedom of Information Act Requests Denied
In collaboration with Harvard Law Schoolβs Cyberlaw Clinic, Public Resource submitted Freedom of Information Act requests to the **CPSC** for copies of legally binding safety codes for childrenβs products. The **CPSC**, however, has denied these requests, citing copyright claims by the private association that initially developed the codes, even after their adoption into law. This stance raises concerns about the control of access to legal mandates, akin to a lobbyist dictating who can read or share a tax law they drafted.
### Conflicting Court Precedents
Similar cases have yielded conflicting court decisions. Some courts, including the Court of Appeals for the Fifth Circuit, have ruled that safety codes lose copyright protection upon incorporation into law. Conversely, the D.C. Circuit, in a case defended by the **EFF** on behalf of Public Resource, has held that even if copyright persists, making the standards fully accessible online constitutes lawful fair use.
### The Fight for Unrestricted Access
The **EFF**, in partnership with the Cyberlaw Clinic, seeks a court ruling that copyright should not impede access to and sharing of rules designed to ensure safety. As the rule of law faces challenges, defending the public's ability to read and understand the law without restrictions is more critical than ever.