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

Filing 33

RESPONSE re #31 MOTION for Order of Protection filed by PUBLIC.RESOURCE.ORG, INC.. (Attachments: #1 Text of Proposed Order (Exhibit A), #2 Declaration of Andrew P. Bridges (Exhibit B), #3 Exhibit B-1, #4 Exhibit B-2, #5 Exhibit B-3, #6 Declaration of Carl Malamud (Exhibit C))(Bridges, Andrew)

EXHIBIT C

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
AMERICAN SOCIETY FOR TESTING AND
MATERIALS d/b/a ASTM INTERNATIONAL;
NATIONAL FIRE PROTECTION
ASSOCIATION, INC.; and
AMERICAN SOCIETY OF HEATING,
REFRIGERATING, AND AIR CONDITIONING
ENGINEERS,
Plaintiffs-Counterdefendants,

Case No. 1:13-cv-01215-TSC
DECLARATION OF CARL
MALAMUD IN SUPPORT OF
DEFENDANT-COUNTERCLAIMANT
PUBLIC.RESOURCE.ORG, INC.’S
RESPONSE TO PLAINTIFFS’
MOTION FOR PROTECTIVE ORDER
Action Filed: May 23, 2014

v.
PUBLIC.RESOURCE.ORG, INC.,
Defendant-Counterclaimant.
I, CARL MALAMUD, declare as follows:
1.

I founded Public.Resource.Org, Inc. (“Public Resource”) in 2007, and I serve as its
president.

2.

I am the author of six Requests for Comments (RFCs) and several Internet-Drafts, which
are technical memoranda on Internet architecture published by the Internet Engineering
Task Force (“IETF”). Some RFCs are designated Internet Standards by the IETF. Two of
the RFCs that I authored have been given the status of Proposed Standard.

3.

In 2004, I served as the first paid consultant to the IETF and the Internet Architecture
Board on questions of strategic direction and governance. In 1992, I played a leadership
role in the deliberations of the IETF on questions of governance of the Internet Standards
process.

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4.

I have also served as the Chairman of the Board of Directors of the Internet Systems
Consortium, the Internet Multicasting Service, and the Jabber Software Foundation.

5.

In a letter dated July 16, 2008, the Judicial Conference of the United States recognized
my work on the subject of privacy violations in the dockets of the U.S. District Courts.

6.

Also in 2008, I advised the Federal Trade Commission and the Office of the Inspector
General, U.S. Department of Defense, on the appearance of Social Security Numbers in
the Congressional Record and in private databases.

7.

In 2007 and again in 2011, I submitted reports to the Speaker of the U.S. House of
Representatives about the accessibility and preservation of video used in Congressional
hearings. On January 5, 2011, the Speaker of the House publicly thanked me for those
efforts.

8.

As a result of the above activities, my work at Public Resource, and other work, I have
extensive experience with and knowledge of the standards development process and the
structure and operations of standards development organizations.

9.

I served as an advisor to the Presidential transition team on Federal Register issues in
2008, an effort that led to fundamental changes in the mechanics of distribution of the
Official Journals of Government.

10.

On December 16, 2009, I gave testimony to the U.S. House of Representatives Oversight
Committee in a hearing about the strategic direction of the National Archives and
Records Administration, the parent entity of the Office of the Federal Register.

11.

I was a member of the committee that held hearings and drafted ACUS Recommendation
2011-5, “Incorporation by Reference,” and one of the signatories of the Office of the

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Federal Register petition that led to the rulemaking procedure that was initiated in 78
Federal Register 60784 and Federal Docket OFR-2013-0001.
12.

On January 14, 2014, I gave testimony to the U.S. House of Representatives Judiciary
Committee in a hearing about copyright in government documents.

13.

As a result of these activities, my work at Public Resource, and other work, I have
extensive experience with and knowledge of the operation of the Federal Register, the
process of incorporation by reference, and U.S. Government policies about public access
to records.

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