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 2

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1993

Plan Opens More Data To Public
By JOHN MARKOFF

OCT. 22, 1993

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In the clearest indication yet of the Clinton Administration's willingness to offer
broader public access to Government information, the National Science
Foundation is financing a project that will make corporate filings to the Securities
and Exchange Commission available free via a computer network.
The decision to support the project, which will provide access to the S.E.C.'s
on-line data base of financial data from America's public corporations, is a shift
away from the Federal information policies under Presidents Ronald Reagan and
George Bush. Those Administrations favored letting private companies sell
printed and electronic versions of Government data.
Although the National Science Foundation project, which will be announced
on Friday, is a test, it has broad implications for creating fast, inexpensive
consumer access to public records of all sorts. The precedent could threaten the
huge industry that has grown up to sell financial records, court cases and other
public documents over services like Mead Data Central's Nexis and Lexis
networks. Available Over Internet
The project will make disclosure of information from corporations accessible
to anyone who has access to the Internet computer network through a modem or

a direct network link. The Internet, a loose collection of computer networks that
is administered by the National Science Foundation, is now routinely accessible
from most university campuses and businesses.
"This is a priority for this Administration," said Michael Nelson, special
assistant to the director of the White House Office of Science and Technology
policy. "This is another indication of the Administration's commitment to make
Federal information more available to the taxpayers who paid for it."
Internet access is rapidly becoming a feature of many commercial on-line
computer services as well. Some 20 million computer users are connected to the
Internet.
"This is a wonderful example of how the Internet might be used to provide
access to Government information," said Marc Rotenberg, national director of the
Computer Professionals for Social Responsibility, a Washington public interest
group.
In June, the Office of Management and Budget announced that it was
reversing previous Administration policy that had defined Government
information as a commodity, often available for sale to private industry. The new
policy encourages Federal agencies to make as much information as possible
available to the public with fees as low as possible.
The project underscores how rapidly changing computer and network
technologies are making it possible to offer low-cost access to Government
information that has previously been available only on paper in libraries or
electronically on mainframe computers that were difficult and expensive to tap
into from remote locations. But increasingly, that mainframe data can be
transferred easily to inexpensive work stations.
It also emphasizes the rapidly increasing scope of Internet as the forerunner
of a national data highway that is expected to carry computer data, video and
voice conversations beginning in the next century.
The project, financed with a $660,000 two-year grant from the science
foundation, is being undertaken by the Stern School of Business at New York
University and a small Washington company, the Internet Multicasting Service.
They plan to make the Friday announcement.
Currently, the S.E.C. data base, called the Edgar Dissemination Service, is
operated under contract by Mead Data Central. Mead acts as a data wholesaler,
providing a variety of computer data feeds to the retail information industry.
Commercial Charge Cited

Under this system, a retail information provider, like Mead Data's own Nexis
service, charges about $15 for each S.E.C. document, plus a connection charge of
$39 an hour and a printing charge of about $1 a page.
The only fees to use the S.E.C.'s data base under the science foundation's
project would be for access to the Internet, for which pricing varies. Commercial
access can be bought for as little as $2 an hour. But many college students now
obtain Internet access as part of their tuition costs and many businesses buy a
high-speed Internet connection that might cost the company hundreds or
thousands of dollars each month but permits employees to share unlimited access
to the network.
A legislative-affairs lawyer for the Information Industries Association,
Ronald Plesser, said the industry would not oppose the project as long as the
Government did not intend to restrict commercial publishing of Federal data.
"We have no problem with data bases being made available over the
Internet," Mr. Plesser said. "But there has to be an interest in insuring a diversity
of sources. We don't want a Government monopoly on the ownership and
dissemination of Government information."
Representative Edward J. Markey, a Massachusetts Democrat who is
chairman of the House Telecommunications Subcommittee has been pushing for
greater public access to the S.E.C.'s Edgar Dissemination Service. He said today
that he applauded the science foundation's move. 'S.E.C. Finally Gets It'
"I've been trying to launch Edgar into cyberspace for the last year, and I
think the S.E.C. finally gets it," Mr. Markey said, adding that he expected the
project to stimulate the commercial market rather than hurt it.
The company involved in the project, the Internet Multicasting Service, is a
nonprofit organization founded by Carl Malamud, an economist who developed
computer technology for the Federal Reserve Bank. Mr. Malamud has also been
instrumental in creating technology that is capable of broadcasting information
including audio, video and data over the Internet.
He said the data would be delayed by a day, in contrast to the instant access
that is provided by some on-line publishers for financial professionals. Under
terms of the science foundation grant, the New York University researchers will
buy raw data and reformat them so that they can be obtained over the Internet
through Mr. Malamud's organization. Mr. Malamud said he hoped to have the
new data base service operating by the end of the year.
Correction: October 26, 1993

An article in Business Day on Friday, about a National Science
Foundation project to distribute Securities and Exchange Commission
data over computer networks, misstated the views of Ronald L. Plesser,
a lawyer for the Information Industry Association. Neither Mr. Plesser
nor the trade group has yet taken a position on the project.
A version of this article appears in print on October 22, 1993, on Page D00001 of the National
edition with the headline: Plan Opens More Data To Public.

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