AMERICAN SOCIETY FOR TESTING AND MATERIALS et al v. PUBLIC.RESOURCE.ORG, INC.
Filing
31
MOTION for Order of Protection by AMERICAN SOCIETY FOR TESTING AND MATERIALS, AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR-CONDITIONING ENGINEERS, INC., NATIONAL FIRE PROTECTION ASSOCIATION, INC. (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit B - Declaration of Jordana Rubel, #3 Exhibit B - Declaration Exh. 1, #4 Exhibit B - Declaration Exh. 2, #5 Exhibit B - Declaration Exh. 3, #6 Exhibit B - Declaration Exh. 4, #7 Exhibit B - Declaration Exh. 5, #8 Exhibit B - Declaration Exh. 6, #9 Exhibit B - Declaration Exh. 7, #10 Exhibit B - Declaration Exh. 8, #11 Exhibit B - Declaration Exh. 9, #12 Exhibit B - Declaration Exh. 10, #13 Exhibit B - Declaration Exh. 11, #14 Exhibit B - Declaration Exh. 12, #15 Exhibit B - Declaration Exh. 13, #16 Exhibit B - Declaration Exh. 14, #17 Exhibit B - Declaration Exh. 15, #18 Exhibit B - Declaration Exh. 16, #19 Exhibit B - Declaration Exh. 17, #20 Exhibit B - Declaration Exh. 18, #21 Exhibit B - Declaration Exh. 19, #22 Exhibit B - Declaration Exh. 20, #23 Exhibit B - Declaration Exh. 21, #24 Exhibit B - Declaration Exh. 22, #25 Exhibit B - Declaration Exh. 23, #26 Exhibit B - Declaration Exh. 24, #27 Exhibit C)(Fee, J.)
Exhibit 23
Law.Gov: America's Operating System, Open Source.
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public.resource.org
law.resource.org
https://law.resource.org/index.law.gov.html
RECOP—bulk access
RECAP—pacer access
Law.Gov
A Proposed Distributed Repository
of All Primary Legal Materials
of the United States
ABOUT LAW.GOV
Law.Gov is an idea, an idea that the primary legal materials of the United States should be readily available to all, and that
governmental institutions should make these materials available in bulk as distributed, authenticated, well-formatted data. To
make this idea a reality, a series of workshops were held throughout the country, resulting in a consensus on 10 core
principles.
LAW.GOV PRINCIPLES AND DECLARATION
The primary legal materials of the United States are the raw materials of our democracy. They should be made more broadly
available to enable an informed citizenry.
Primary legal materials include documents of primary authority issued by governmental bodies, such as court opinions,
statutes, and regulations. They also include the supporting documents and other media issued and maintained by those bodies,
such as dockets, hearings, forms, oral arguments, and legislative histories. These materials can be found in every branch, at
every level, national, tribal, state and local, and should be available to anyone with the will and the heart to obtain them.
The following principles should govern the dissemination of primary legal materials in the United States:
1. Direct fees for dissemination of primary legal materials should be
avoided.
2. Limitations on access through terms of use or the assertion of
copyright on primary legal materials is contrary to long-standing
public policy and core democratic principles and is misleading to
citizens.
3. Primary legal materials should be made available using bulk
access mechanisms so they may be downloaded by anyone.
4. The primary legal materials, and the methods used to access
them, should be authenticated so people can trust in the
integrity of these materials.
5. Historical archives should be made available online and in a static location to the extent possible.
6. Vendor- and media-neutral citation mechanisms should be employed.
7. Technical standards for document structure, identifiers, and metadata should be developed and applied as extensively
as possible.
8. Data should be distributed in a computer-processable, non-proprietary form in a manner that meets best current
practices for the distribution of open government data. That data should represent the definitive documents, not just
aggregate, preliminary, or modified forms.
9. An active program of research and development should be sponsored by governmental bodies that issue primary legal
materials to develop new standards and solutions to challenges presented by the electronic distribution of definitive
primary legal materials. Examples include the automated detection and redaction of private personal information in
documents.
10. An active program of education, training, and documentation should be undertaken to help governmental bodies that
issue primary legal materials learn and use best current practices.
Adherence to these principles by governmental bodies is not just good for democracy and justice, it will spur innovation and
will encourage:
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1. Broader use of legal materials in all parts of our education system, including our law schools.
2. Researchers in law schools, universities, and other research institutions to have broader access to bulk data, spurring
important research on the functioning of our government.
3. Innovation in the legal information market by reducing barriers to entry.
4. Savings in the government's own cost of providing these materials through adherence to best current practices.
5. Small businesses to understand rules and regulations they must deal with, reducing their costs and increasing their
effectiveness.
6. Increased foreign trade by making it easier for our foreign partners to understand our laws.
7. Better access to justice by making legal information more broadly available to citizens.
How we distribute the raw materials of our democracy is a foundational issue in our system of government. Access to the raw
materials of our democracy is a prerequisite for the rule of law and access to justice and makes real the principles of equal
protection and due process.
With the Consent of the Co-Convenors of Law.Gov:
Jack M. Balkin
Knight Professor of Constitutional
Law and the First Amendment
Yale Law School
Robert C. Berring, Jr.
Walter Perry Johnson Professor of
Law
Berkeley Law, University of
California
James Boyle
William Neal Reynolds Professor of
Law
Duke Law School
Nicholas Bramble
Postdoctoral Associate in Law
Yale Law School
Tom R. Bruce
Director, Legal Information Institute
Cornell Law School
Richard A. Danner
Archibald C. & Frances Fulk Rufty
Research Professor of Law
Duke Law School
Laura E. DeNardis
Executive Director, Information
Society Project
Yale Law School
Edward W. Felten
Professor of Computer Science &
Public Affairs
Princeton University
Jerry Goldman
Professor & Director, Oyez Project
Northwestern University
Joseph Lorenzo Hall
Visiting Postdoctoral Research
Associate
UC Berkeley and Princeton University
Jennifer Jenkins
Director, Center for the Study of the
Public Domain
Duke Law School
Mitchell Kapor
Trustee
Mitchell Kapor Foundation
S. Blair Kauffman
Law Librarian and Professor of Law
Yale Law School
Mark A. Lemley
William H. Neukom Professor of Law
Stanford Law School
Lawrence Lessig
Professor of Law
Harvard Law School
Paul Lomio
Director, Robert Crown Law Library
Stanford Law School
Carl Malamud
President
Public.Resource.Org
Harry S. Martin III
Librarian & Professor of Law
Emeritus
Harvard Law School
Peter W. Martin
Jane M.G. Foster Professor of Law
Cornell Law School
John Mayer
Executive Director
Center for Computer-Assisted Legal
Instruction
Judy Meadows
State Law Librarian
State Law Library of Montana
Paul Ohm
Associate Professor of Law and
Telecommunications
University of Colorado Law School
Tim O'Reilly
Chief Executive Officer
O'Reilly Media
John G. Palfrey
Henry N. Ess III Librarian &
Professor of Law
Harvard Law School
Pamela Samuelson
Richard M. Sherman Distinguished
Professor of Law
Berkeley Law, University of
Stuart Sierra
Assistant Director, Program on Law
and Technology
Columbia Law School
Stephen Schultze
Associate Director, Center for
Information Technology Policy
Princeton University
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California
Tim Stanley
Chief Executive Officer
Justia
Erika V. Wayne
Deputy Director, Robert Crown Law
Library
Stanford Law School
Christopher Wong
Postgraduate Fellow
New York Law School
Tim Wu
Professor of Law
Columbia Law School
Harlan Yu
Doctoral Student in Computer
Science
Princeton University
Jonathan Zittrain
Professor of Law & Computer
Science
Harvard Law School
Institutional Affiliations for Identification Purposes Only.
THE LAW.GOV WORKSHOPS
Fifteen Law.Gov workshops were held in 2010 beginning at the Stanford Law School in January and ending at the Harvard Law
School in June. This open, inclusive process had over 600 attendees and included an in-depth examination of issues such as
privacy, technical details of document dissemination, authentication, copyright, and other aspects of the distribution of primary
legal materials. Quite a few resources are available on-line for those who wish to learn more about this process:
The Law.Gov Mailing List
Video from Law.Gov Workshops on the Internet Archive
Video from Law.Gov Workshops on YouTube
Interim Tweetscript Archive
By The People (September 2009)
The Raw Materials of Our Democracy (May 2010)
Original Law.Gov Page
A number of Law.Gov initiatives will be announced this fall, including procedures for the drafting and submission of report
materials to relevant authorities, further steps for the National Inventory of Legal Materials, and more details on the creation of
reference archives for selected jurisdictions.
REGISTRY OF RESPONSES
Letter of Interest — Federal Trade Commission
Update on Registration of Law.Gov — AALL
May 4, 2010
February 19, 2010
Registration of Law.Gov — Department of Justice
January 15, 2010
Registration of Law.Gov — American Bar Association
January 14, 2010
Registration of Law.Gov — Government Printing Office
Registration of Law.Gov — Library of Congress
January 14, 2010
January 7, 2010
Resolution of Endorsement — Mid-America Law Library Consortium
October 26, 2009 [ scribd | pdf ]
Senate Committee on Homeland Security and Governmental Affairs — Senator Lieberman
Preliminary Response of the Deputy CTO — Andrew McLaughlin
Call to Action at the Gov 2.0 Summit — Carl Malamud
October 13, 2009 [ scribd | pdf ]
September 10, 2009
September 10, 2009
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SUPPORT FOR THE LAW.GOV PROCESS
In addition to the support from our co-conveners and their host institutions, support for Public.Resource.Org and Law.Gov have
been provided by:
Google
Mitchell Kapor Foundation
Justia
O'Reilly Foundation
Elbaz Family Foundation
Hal Varian
Alexander Macgillivray, Twitter
Dale and Nancy Dougherty
Paul Haahr, Nathan Naze, and Marcia Hofmann
Craig Newmark
Bob Young/The Beal Fund
You may find more information about Public.Resource.Org, a 501(c)(3) nonprofit corporation, on our “about” page.
• PUBLIC.RESOURCE.ORG •
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