AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC. et al v. PUBLIC.RESOURCE.ORG, INC.

Filing 138

LARGE ADDITIONAL ATTACHMENT(S) by PUBLIC.RESOURCE.ORG, INC. 136 Second MOTION for Summary Judgment filed by PUBLIC.RESOURCE.ORG, INC., 137 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 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Errata 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38 FILED UNDER SEAL, # 39 Exhibit 39 FILED UNDER SEAL, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49 FILED UNDER SEAL, # 50 Exhibit 50 FILED UNDER SEAL, # 51 Exhibit 51 FILED UNDER SEAL, # 52 Exhibit 52 FILED UNDER SEAL, # 53 Exhibit 53 FILED UNDER SEAL, # 54 Exhibit 54 FILED UNDER SEAL, # 55 Exhibit 55 FILED UNDER SEAL, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58 FILED UNDER SEAL, # 59 Exhibit 59 FILED UNDER SEAL, # 60 Exhibit 60 FILED UNDER SEAL, # 61 Exhibit 61 FILED UNDER SEAL, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69 FILED UNDER SEAL)(Bridges, Andrew)

EXHIBIT 29

STATEMENT OF CARL MALAMUD BEFORE THE ABA HOUSE OF DELEGATES
Thank you for the privilege of the floor. My name is Carl Malamud. I have spent 25 years helping
governments put information on the Internet. In 1994, I posted the U.S. Securities and Exchange
Commission database, then donated my software to the SEC so they could run it themselves. I’ve
worked with Speaker Boehner’s staff to post 14,000 hours of video from congressional hearings and with
President Obama’s transition team to help transform the Federal Register.
For the last 8 years, I have been posting—for free access—technical public safety standards that are
deliberately and explicitly made into law—such as 486 building, fire, and electrical codes incorporated
into state law—such as 980 public safety specifications that have been incorporated by reference into
the Code of Federal Regulations, the subject of Resolution 112 before you today.
What is before you today is not a public access resolution, it is a private appropriations bill, one that
fences off parts of the law as private property. Resolution 112, as written, encourages severe restrictions
on the rights of citizens to read and speak crucial public safety regulations by specifying “read only
access,” a loaded term.
“Read only access” means you must preregister with a private vendor before you can read the law.
“Read only access” means you must accept onerous terms of use, including a covenant not to copy any
of the laws you wish to see. “Read only access” means once you are permitted to enter the walled
garden, you are presented with a web site that prohibits printing, searching, copying, or bookmarking
the law, and discriminates against people who are visually impaired.
These public safety codes have the full force of law, they are edicts of government. These regulations
cover some of our most important public safety concerns, such as testing for lead in water, the
transportation of hazardous materials on roads and railways, personal protective equipment for
emergency personnel, the safety of toys, the safety of infant car seats.

Promulgation of edicts of government is at the very heart of the rule of law. The rule of law means we
are “an empire of laws, not of men,” that the law shall be committed to writing, that justice shall not
be delivered on a whim.
Writing down the law is meaningless if we cannot read it. But, we must be permitted to do more than
simply read the law. We must be able to freely speak the law, to share the law with our fellow citizens,
to dispute it, to make it better.
Edicts of government are the raw materials of our democracy, the bricks on which we construct our
temple of justice. I hope this House will do more than simply reject the current language, and instead
reaffirm our commitment to making primary legal materials more readily available to the bar—and to
our citizens—and form a Committee on Promulgation to examine access to all edicts of government.
One year after the American Bar Association’s ringing celebration of Magna Carta—after a decade of
global leadership with the Rule of Law Initiative, we must not now say citizens will get second-class
access to read about public safety, that lawyers will need to ask permission before speaking the law.
John Adams said that for our democracy to function properly, our citizenry must be informed, he said
we must “let every sluice of knowledge be opened and set a-flowing.” But, how can justice ever pour
forth like a mighty stream if we do not let the law flow like water? How can we ever enter that city of
equality if we lock our codes behind a cash register? How can we ever have access for all on the road to
justice if we post the law high up on a cross of gold?
Edicts of government are the property of the people—we the people—edicts of government are how we
define our rights and obligations in our democracy. The question before this distinguished House today
is no less than will you continue to stand with the people as you have for so many years? Today, let us
all stand together for the rule of law and reject or postpone this resolution. Will you stand today?
Thank you.