Archive for the 'Legislation and Government Regulation' Category

"National Library Groups Oppose Bill to Make Register of Copyrights a Presidential Appointee"

Posted in Copyright, Legislation and Government Regulation on March 27th, 2017

Kara Malenfant has published "National Library Groups Oppose Bill to Make Register of Copyrights a Presidential Appointee" in ACRL Insider.

Here's an excerpt:

It’s also difficult to understand how the public or Congress itself would benefit from politicization of the Register of Copyrights' position by making it subject to presidential appointment and Senate confirmation, as this legislation proposes. Such politicization of the position necessarily would result in a Register more actively engaged in policy development than in competent management and modernization.

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"New FCC Chairman Begins Attacks on Internet Privacy"

Posted in Legislation and Government Regulation, Privacy on March 3rd, 2017

The EFF has released "New FCC Chairman Begins Attacks on Internet Privacy."

Here's an excerpt:

Newly minted Republican FCC Chairman Ajit Pai just granted the telecom industry its wish: he has blocked new requirements that Internet service providers (ISPs) like Comcast apply common sense security practices to protect your private data. . . .

Republicans in Congress are planning a much bigger assault on the Internet, by making it illegal for the FCC to protect consumer privacy online. With heavy support from the cable and telephone industry, they are hoping to use a rare and far reaching tool known as a Congressional Review Act resolution, which would not only completely eliminate all of the FCC's broadband privacy rules (not just the data security rule), it would prohibit the FCC from ever enacting any "substantially similar" privacy rules in the future. Because of the current regulatory landscape, the Federal Trade Commission is also barred from policing ISPs, leaving no federal cop on the beat to protect consumer privacy in this space.

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PLOS: Response to NIH RFI—Strategies for NIH Data Management, Sharing, and Citation

Posted in Data Curation, Open Data, and Research Data Management, Digital Curation & Digital Preservation, Legislation and Government Regulation, Open Access, Open Science, Publishing on January 31st, 2017

PLOS has released Response to NIH RFI—Strategies for NIH Data Management, Sharing, and Citation.

Here's an excerpt:

We write to express the views of the Public Library of Science, a fully Open Access Publisher of seven Research Journals, in response to your RFI on Data Sharing, Management, and Citation. Open access to Research Articles is just the first step in what we consider should be the end state for all publicly funded research, and we support broader efforts towards open science. We are developing our own policies to help establish a new norm in which upon publication of a journal article, if not before, all of the underlying data (where ethically appropriate) is openly available to access and reuse without restriction according to the FAIR principles for data management to make data Findable, Accessible, Interoperable and Re-usable.

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Senate Unanimously Passes OPEN Government Data Act

Posted in Data Curation, Open Data, and Research Data Management, Legislation and Government Regulation on December 15th, 2016

The US Senate has passed the OPEN Government Data Act.

Here's an excerpt from the announcement:

The U.S. Senate unanimously passed the Open, Public, Electronic and Necessary (OPEN) Government Data Act, legislation introduced by U.S. Senators Brian Schatz (D-Hawai'i) and Ben Sasse (R-Neb.). The bipartisan bill will require public data to be accessible at Data.gov so individuals, organizations, and other government offices can utilize it.

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"FTC Charges Academic Journal Publisher OMICS Group Deceived Researchers"

Posted in Legislation and Government Regulation, Open Access, Publishing, Scholarly Journals on September 1st, 2016

The Federal Trade Commission has released "FTC Charges Academic Journal Publisher OMICS Group Deceived Researchers."

Here's an excerpt:

The Federal Trade Commission has charged the publisher of hundreds of purported online academic journals with deceiving academics and researchers about the nature of its publications and hiding publication fees ranging from hundreds to thousands of dollars.

The FTC's complaint alleges that OMICS Group, Inc., along with two affiliated companies and their president and director, Srinubabu Gedela, claim that their journals follow rigorous peer-review practices and have editorial boards made up of prominent academics. In reality, many articles are published with little to no peer review and numerous individuals represented to be editors have not agreed to be affiliated with the journals.

According to the FTC's complaint, OMICS does not tell researchers that they must pay significant publishing fees until after it has accepted an article for publication, and often will not allow researchers to withdraw their articles from submission, thereby making the research ineligible for publication in another journal. Academic ethics standards generally forbid researchers from submitting the same research to more than one journal.

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An Analytical Review of Text and Data Mining Practices and Approaches in Europe

Posted in Data Curation, Open Data, and Research Data Management, Legislation and Government Regulation, Reports and White Papers on May 5th, 2016

OpenForum Europe has released An Analytical Review of Text and Data Mining Practices and Approaches in Europe: Policy Recommendations in View of the Upcoming Copyright Legislative Proposal.

Here's an excerpt:

Europe needs a regime which enables any researcher, citizen, company or other entity to engage in TDM activities, using material to which they have lawful access, wherever they feel there is a good idea. The exact commercial rewards can be managed at subsequent stages, depending on the implementation of the mining outcome. The protection could be considered at the point at which some clearly commercially beneficial project, product, service, business or company has emerged.

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"Congress Wants to Turn Obama’s Open Data Actions into Law"

Posted in Data Curation, Open Data, and Research Data Management, Legislation and Government Regulation, Open Access, Open Science on April 18th, 2016

Representative Derek Kilmer has released "Congress Wants to Turn Obama's Open Data Actions into Law."

Here's an excerpt:

A new bill introduced Thursday would give a legislative basis to a number of open data initiatives already underway in the federal government under executive order.

The Open, Public, Electronic and Necessary (OPEN) Government Data Act, introduced by Reps. Derek Kilmer, D-Wash., and Blake Farenthold, R-Texas, would build upon a number open data policies from the Obama administration that push federal agencies to make as much data as possible free for the public to use.

A Senate version of the bill will also soon be introduced by Sens. Brian Schatz, D-HI, and Ben Sasse, R-Neb.

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"Three Years after the OSTP Public Access Directive: A Progress Report"

Posted in Legislation and Government Regulation, Open Science, Publishing, Scholarly Journals on March 10th, 2016

Fred Dylla has published "Three Years after the OSTP Public Access Directive: A Progress Report" in The Scholarly Kitchen.

Here's an excerpt:

So three years out from the directive, 1) public access policy is in place for 98% of the research funding from US federal agencies starting in the last year, 2) a robust article identification system is in place from Crossref that is already tracking more than 11,000 funding agencies worldwide, 3) CHORUS, a public-private partnership, is actively assisting the agencies with implementing their public access plans, 4) TDM solutions are beginning to appear, and 5) agencies, supported by various stakeholders, are making some headway on data management.

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"Net Neutrality in Court This Week: The Story of How We Got Here"

Posted in Legislation and Government Regulation, Net Neutrality on December 3rd, 2015

Harold Feld has published "Net Neutrality in Court This Week: The Story of How We Got Here" in Net Neutrality.

Here's an excerpt:

Earlier this year, the Federal Communications Commission adopted new rules to ensure the Internet remains an open platform for consumers and innovators. The new rules (adopted as part of the Open Internet Order) are a capstone to over a decade of policy battles and litigation over how the FCC regulates broadband Internet service. For close observers of the net neutrality saga, this Friday brings a sense of déjà vu,, as the agency again heads to Court to defend net neutrality rules at oral argument.

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"Trade Officials Announce Conclusion of TPP—Now the Real Fight Begins"

Posted in Copyright, Digital Copyright Wars, Legislation and Government Regulation on October 6th, 2015

The EFF has released "Trade Officials Announce Conclusion of TPP—Now the Real Fight Begins" by Maira Sutton.

Here's an excerpt:

Trade officials have announced today that they have reached a final deal on the Trans-Pacific Partnership (TPP). Their announcement came after a drawn out round of negotiation in Atlanta, Georgia, which was mainly held up around disagreements over medicine patent rules and tariffs over autos and dairy.

We have no reason to believe that the TPP has improved much at all from the last leaked version released in August, and we won't know until the U.S. Trade Representative releases the text. So as long as it contains a retroactive 20-year copyright term extension, bans on circumventing DRM, massively disproportionate punishments for copyright infringement, and rules that criminalize investigative journalists and whistleblowers, we have to do everything we can to stop this agreement from getting signed, ratified, and put into force.

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Copyright Reform for a Digital Economy

Posted in Copyright, Digital Copyright Wars, Legislation and Government Regulation, Reports and White Papers on August 27th, 2015

The Computer & Communications Industry Association, has released Copyright Reform for a Digital Economy.

Here's an excerpt:

Congress can accommodate new technology innovation by:

(a) ensuring that fair use, which is integral to the fabric of the Copyright Act, remains a central consideration in any legislative effort;

(b) preserving the first sale doctrine to ensure that contractual restrictions do not limit the free movement of goods in the economy as more products increasingly incorporate digital components; and

(c) reforming the licensing landscape to ensure greater transparency as to copyright ownership and to better police against anticompetitive conduct, particularly where rights ownership is highly concentrated, and reforming Copyright Office functions to improve the quality and public availability of data about copyrighted works.

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"Small Steps Matter: FASTR Passes Senate Committee Hurdle"

Posted in Legislation and Government Regulation, Open Access, Publishing, Scholarly Journals on July 31st, 2015

SPARC has released Small Steps Matter: FASTR Passes Senate Committee Hurdle by Heather Joseph.

Here's an excerpt:

With its action today, the Senate Homeland Security & Governmental Affairs Committee (HSGAC) advanced the cause of public access to publicly funded research articles another crucial step. In a unanimous voice vote, the Committee approved S. 779, the Fair Access to Science and Technology Research (FASTR) Act which now positions the legislation to be considered by the full Senate.

This marks the first time that a U.S. Senate Committee has acted on a government-wide policy ensuring public access to the results of publicly funded research and signals that there is deep support for the ideal that taxpayers have the right to access to the research that their tax dollars fund. This action continues the steady march towards enabling fast, barrier-free access to research articles that got its start with the establishment of a voluntary NIH policy in 2005, and slowly progressed with legislation shifting that policy to mandatory in 2008, again in 2010 with the America COMPETES Act and most recently with the 2013 White House OSTP Directive on public access. . . .

Today's progress on FASTR is another step in this long march. Under the leadership of Senator Cornyn (R-TX) and Senator Wyden (D-OR), FASTR provides the statutory framework needed codify the White House OSTP Directive, which was issued with the goal of accelerating scientific discovery and fueling innovation. While 13 federal agencies and departments have released their initial plans, the reality is that the OSTP Directive is not law, and can be easily overturned by a subsequent Administration. Should FASTR continue on course and be passed by both chambers of Congress, free, fair public access to research articles will become the law of the land – and not just the preference a President.

See also: "Cornyn Bill To Improve Access To Taxpayer-Funded Research Passes Committee Unanimously."

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