Slashdot Mirror


Liberating the Laws You Must Pay To Read

Writing for Boing Boing, Carl Malamud describes the campaign he's been waging to let U.S. citizens read the public safety standards that have become part of federal law — without needing to pay for the privilege. "These public safety standards govern and protect a wide range of activity, from how bicycle helmets are constructed to how to test for lead in water to the safety characteristics of hearing aids and protective footwear." Despite a U.S. Appeals Court ruling which said 'the law' should be in the public domain, many safety codes are still privately produced and then distributed for a fee, to recoup development costs. "Public.Resource.Org has a mission of making the law available to all citizens, and these technical standards are a big black hole in the legal universe. We've taken a gamble and spent $7,414.26 to buy 73 of these technical public safety standards that are incorporated into the U.S. Code of Federal Regulations." Malamud and his Public.Resource.Org foundation are trying — very cautiously — to make these laws more broadly available. "...even though we strongly believe that the documents are not entitled to copyright protection, and moreover that our limited print run is in any case definitely fair use, if a judge were to decide that what we did was breaking the law, 25 copies of 73 standards works out to $273,750,000 in potential liability. While whales may make bigger bets, we draw the line at $273 million."

3 of 223 comments (clear)

  1. Ignorance of the Law is supposed to be no excuse. by sehlat · · Score: 5, Insightful

    So why doesn't anybody ask about "inability to afford a copy of the law" as an excuse.

  2. Re:Ignorance of the Law is supposed to be no excus by GmExtremacy · · Score: 5, Insightful

    Ignorance of the law becomes quite common when you have a ridiculous amount of inane laws.

  3. Re:Ignorance of the Law is supposed to be no excus by _8553454222834292266 · · Score: 5, Insightful

    Please see https://en.wikipedia.org/wiki/General_Welfare_clause. It's not very clear. It looks like "General Welfare", within the 1900s gradually grew to include more and more things. Fits in very nicely with the expansion of federal power in other areas over our history.

    These quotes are also interesting

    The two primary authors of the The Federalist essays set forth two separate, conflicting interpretations:

            James Madison advocated for the ratification of the Constitution in The Federalist and at the Virginia ratifying convention upon a narrow construction of the clause,asserting that spending must be at least tangentially tied to one of the other specifically enumerated powers, such as regulating interstate or foreign commerce, or providing for the military, as the General Welfare Clause is not a specific grant of power, but a statement of purpose qualifying the power to tax.[9][10]
            Alexander Hamilton, only after the Constitution had been ratified,[11] argued for a broad interpretation which viewed spending as an enumerated power Congress could exercise independently to benefit the general welfare, such as to assist national needs in agriculture or education, provided that the spending is general in nature and does not favor any specific section of the country over any other.[12]

    Personally, I think only Madison's interpretation fits in with the rest of the document. Otherwise congress can arbitrarily grant themselves new powers without an amendment. What's the point of the amendment process if you can just say "General Welfare". For example, "for the general welfare we enact an income tax". No, they passed an amendment.