AMERICAN SOCIETY FOR TESTING AND MATERIALS et al v. PUBLIC.RESOURCE.ORG, INC.

Filing 204

LARGE ADDITIONAL ATTACHMENT(S) to Public Resource's Second Motion for Summary Judgment by PUBLIC.RESOURCE.ORG, INC. 202 MOTION for Summary Judgment filed by PUBLIC.RESOURCE.ORG, INC., 203 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by PUBLIC.RESOURCE.ORG, INC. (This document is SEALED and only available to authorized persons.) filed by PUBLIC.RESOURCE.ORG, INC.. (Attachments: # 1 Public Resources Statement of Disputed Facts, # 2 Public Resources Evidentiary Objections, # 3 Public Resources Request for Judicial Notice, # 4 Declaration Carl Malamud, # 5 Declaration Matthew Becker, # 6 Consolidated Index of Exhibits, # 7 Exhibit 1, # 8 Exhibit 2, # 9 Exhibit 3, # 10 Exhibit 4, # 11 Exhibit 5, # 12 Exhibit 6, # 13 Exhibit 7, # 14 Exhibit 8, # 15 Exhibit 9, # 16 Exhibit 10, # 17 Exhibit 11, # 18 Exhibit 12, # 19 Exhibit 13, # 20 Exhibit 14, # 21 Exhibit 15, # 22 Exhibit 16, # 23 Exhibit 17, # 24 Exhibit 18, # 25 Exhibit 19, # 26 Exhibit 20, # 27 Exhibit 21, # 28 Exhibit 22, # 29 Exhibit 23, # 30 Exhibit 24, # 31 Exhibit 25, # 32 Exhibit 26, # 33 Exhibit 27, # 34 Exhibit 28, # 35 Exhibit 29, # 36 Exhibit 30, # 37 Exhibit 31, # 38 Exhibit 32, # 39 Exhibit 33, # 40 Exhibit 34, # 41 Exhibit 35, # 42 Exhibit 36, # 43 Exhibit 37, # 44 Exhibit 38, # 45 Exhibit 39, # 46 Exhibit 40, # 47 Exhibit 41, # 48 Exhibit 42, # 49 Exhibit 43, # 50 Exhibit 44, # 51 Exhibit 45, # 52 Exhibit 46, # 53 Exhibit 47, # 54 Exhibit 48, # 55 Exhibit 49, # 56 Exhibit 50, # 57 Exhibit 51, # 58 Exhibit 52, # 59 Exhibit 53, # 60 Exhibit 54, # 61 Exhibit 55, # 62 Exhibit 56, # 63 Exhibit 57, # 64 Exhibit 58, # 65 Exhibit 59, # 66 Exhibit 60, # 67 Exhibit 61, # 68 Exhibit 62, # 69 Exhibit 63, # 70 Exhibit 64, # 71 Exhibit 65, # 72 Exhibit 66, # 73 Exhibit 67, # 74 Exhibit 68, # 75 Exhibit 69, # 76 Exhibit 70, # 77 Exhibit 71, # 78 Exhibit 72, # 79 Exhibit 73, # 80 Exhibit 74, # 81 Exhibit 75, # 82 Exhibit 76, # 83 Exhibit 77, # 84 Exhibit 78, # 85 Exhibit 79, # 86 Exhibit 80, # 87 Exhibit 81, # 88 Exhibit 82, # 89 Exhibit 83, # 90 Exhibit 84, # 91 Exhibit 85, # 92 Exhibit 86, # 93 Exhibit 87, # 94 Exhibit 88, # 95 Exhibit 89, # 96 Exhibit 90, # 97 Exhibit 91, # 98 Exhibit 92, # 99 Exhibit 93, # 100 Exhibit 94, # 101 Exhibit 95, # 102 Exhibit 96, # 103 Exhibit 97, # 104 Certificate of Service)(Bridges, Andrew)

EXHIBIT 21

Federal Register 2.0, Page 2

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In the print publication, all heads and introductory material look the same. By using
style sheets, and some very simple graphics, one could make important information
jump out much more readily.

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The current system provided by GPO has no navigation whatsoever. One should be able
to easily go backwards and forwards in time, by agency, by code section, and by topic.

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The current search capabilities are primitive and do not take advantage of the
substantial amount of metadata, such as an o cial thesaurus of index terms, that is
available in the raw feeds.

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Much of the Federal Register is time-sensitive: announcements of proposed meetings,
when rules will become e ective, or deadlines for bidding. A calendar and newsfeedbased noti cation mechanism should be an integral part of the user interface.

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There are no permanent, human readable URLs that one can link to. Instead, one has to
navigate by page number or search, making it impossible to build a blog entry that links
to the Register. One should be able to easily build a link to a particular page or article.

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Documents should be signed, the web site should use a secure link with a valid
certi cate, and the Domain Names should be based on Secure DNS. People should be
absolutely certain they are looking at an authentic government document.

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There should be links: when a section of the Federal Register references the U.S. Code,
the Code of Federal Regulations, or other law, one should be able to click and see it.

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The Federal Register incorporates by reference a large number of technical standards.
One should be able to read the incorporated documents as part of the Federal Register
on the GPO web site.

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The HTML and PDF versions of the current Federal Register are not “search engine
optimized.” Keywords, dates, authors, and other important information should be built
into the headers of these les so that search engines can more easily categorize them.

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One should be able to easily see how a proposed regulation would change the existing
Code of Federal Regulations, seeing a “redline” of current versus proposed.

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Law suits are often based on events in the past. The Code of Federal Regulations and all
related compilations should be put into a Source Code Control system, enabling one to
navigate forwards and backwards in time to see what regulations or laws were in e ect.

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One should be able to easily ip between pages in HTML and the PDF print view of a
document. Interfaces such as Google Books and the Internet Archive’s Open Library
provide workable examples.

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There are a large number of advanced visualization techniques, from logic maps to tree
diagrams, that could be used to sort through the mass of information.

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For each article, there should be a way to provide feedback, be it a link to the existing
Regulations.Gov site, an agency-speci c forum, or even a simple email address.

3 Levels of Access
All of these examples have to do with usability and navigation of the site hosting the Federal
Register, as well as the visual appearance of the Register itself. However, a large number of
private groups digest these O cial Journals and build systems that certainly supplement what
the government does, and in many cases are much better. As such, Federal Register 2.0 needs
to provide access at 3 levels:
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At the lowest level, bulk data in the original SGML, as well as PDF and HTML versions
should be available as signed zip les and at no charge. The current $17,000 price tag
has a huge chilling e ect on innovation and is not appropriate for works of government.

Federal Register 2.0, Page 3

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An API should allow any blogger to embed a document, a part of a document, or a
document stream into their own site, much as they embed a YouTube video or playlist.

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The same API outside developers use can then be used by the government to build a
better web site, Federal Register 2.0.

Providing an API and bulk data is a way to hedge our bets. Even if the government can’t build a
better web site, we can count on the public doing so. As a public printer, there is no
justi cation for the U.S. government withholding raw feeds of public domain data.
What Users Will See in 100 Days: A much better visual presentation of the Federal Register with
navigation vastly improved.
What Agencies Will See in 100 Days: Agencies will see a much more straightforward mechanism
for incorporating Federal Register articles into their own web sites.

The 1-Year Goal: Supporting the Future of Federal e-Rulemaking
A dramatic change in the look and feel of the current Federal Register can be accomplished in
100 days by “forking” the current system. One would leave the document creation and
authoring system as is, but put in parallel systems for document distribution. The Federal
Register 2.0 system could enter a beta testing state in 3 months as follows:
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Assemble a very small “skunk works” team of design, usability, XML parsing, and server
admin experts. These should be “alpha geeks,” people known for going quickly from
concept to operational systems that meet all best current practices.

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Assemble a team of outside advisors to work with the skunk works team. For example,
a team of security experts such as Ed Felten, Bruce Schneir, and Paul Vixie could ensure
that the digital signatures and signed domain names are properly implemented.

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Use the existing SGML product so that there is no impact on the current FDSYS or NARA
systems. Build the new system using state-of-the-art open source tools on a modern
cluster of UNIX-based servers.

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Bring in a team of outside developers to work alongside the development team so that
when the system goes public, there are a series of sample “widgets” and an active
developer program.

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When the system goes into public beta, announce a contest with a reasonable prize
(e.g., $25,000) to get people to apply new designs to the style sheets or new widgets
that access information.

While the look and feel will dramatically change with such an approach, there is a more
fundamental challenge, which is to address the issues so carefully framed by the Committee on
the Status and Future of Federal e-Rulemaking, which outlines a path towards a system that
“encourages the sustained engagement of individuals, business, non-governmental
organizations, and state and local governments with rulemaking agencies.”
Meeting such a challenge will require the participation of all 170 rulemaking entities and
leadership from the executive branch. A reformulated Federal Register will provide an
important foundation for such an exercise, giving policy makers new tools and a new platform
to support citizen participation. For example, the API could be used in a new docket
management system to automatically incorporate new Federal Register articles.
What Users Will See in 1 Year: Bulk access to data will lead to many different kinds of services—
run by agencies, commercial services, and public sites— incorporating the Official Journals into
their systems, leading to a much better integration of publication, as well as a feedback
channel, into the official publication process of the U.S. Government.