Legislation and Government Regulation – Page 14

Widespread Reports That the FCC Chairman Plans to Kill Net Neutrality

There are a number of reports that Ajit Pai, the Chairman of the FCC, plans to repeal net neutrality rules in December. See the below articles for details.

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An Empirical Investigation of the Impacts of Net Neutrality

The Internet Association has released An Empirical Investigation of the Impacts of Net Neutrality.

Here's an excerpt:

The empirical evidence shows that the implementation of NN rules has had none of the negative impacts theorized by its critics a decade ago. Far from a great strain on infrastructure investment, network capacity, and innovative activity, NN rules have had no negative effect on the telecommunications sector in these areas. The sector has thrived while edge services have opened an entirely new economy bringing millions of new jobs and hundreds of thousands of new businesses to our economy. Net neutrality has been crucial for that development.

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An Analysis of Open Data and Open Science Policies in Europe, May 2017

SPARC Europe has released An Analysis of Open Data and Open Science Policies in Europe, May 2017 .

Here's an excerpt from the announcement:

Among the report’s most striking findings: 11 of the 28 European Union member states, as well as Norway and Switzerland, have national, research data-related policies in place. Of these, all were implemented in the past eight years, with most having taken effect recently. In about half of the countries, research data is covered under the same policy that applies to Open Access or Open Science.

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"Administration’s FY 2018 Budget Request Includes $23 Million to Start Wind-Down of IMLS Operations"

IMLS has released "Administration's FY 2018 Budget Request Includes $23 Million to Start Wind-Down of IMLS Operations."

Here's an excerpt:

Today, President Donald J. Trump released his FY 2018 budget request to Congress, which includes $23 million for administrative expenses to begin conducting a closeout of operations of the Institute of Museum and Library Services (IMLS) starting in Fiscal Year 2018. IMLS is one of several independent agencies designated for elimination in the FY 2018 budget request. The budget request expands upon the initial Administration budget request released in March, proposing the elimination of IMLS. The request released today includes no funding for IMLS grant programs.

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

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"

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

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

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"

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

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"

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"

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"

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"

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

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"

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.

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Take Action: Fair Access to Science and Technology Research (FASTR) Act Being Marked Up

The Fair Access to Science and Technology Research (FASTR) Act is being marked up.

Here's an excerpt from the SPARC announcement:

After a month of intense conversations and negotiations, the Senate Homeland Security and Governmental Affairs Committee (HSGAC) will bring the "Fair Access to Science and Technology Research (FASTR) Act" up for mark-up on Wednesday, July 29th. The language that will be considered is an amended version of FASTR, officially known as the 'Johnson-Carper Substitute Amendment,' which was officially filed by the HSGAC leadership late on Friday afternoon, per committee rules.

There are two major changes from the original bill language to be particularly aware of. Specifically, the amendment

Replaces the six month embargo period with "no later than 12 months, but preferably sooner," as anticipated; and

Provides a mechanism for stakeholders to petition federal agencies to 'adjust' the embargo period if the 12 months does not serve "the public, industries, and the scientific community."

To support the bill and communicate your concerns, see: "Help Move FASTR" "Secure Open Access to Taxpayer-Funded Research"

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"’Stay With Me’: ISPs Head to Court to Fight New Net Neutrality Rules"

Meredith Filak Rose has published "Stay With Me': ISPs Head to Court to Fight New Net Neutrality Rules" in Public Knowledge's Net Neutrality Blog.

Here's an excerpt:

It's been almost three months since the FCC issued its order reclassifying Internet Service Providers as Title II telecommunications carriers and establishing strong net neutrality rules. No one was surprised when the ISPs cried foul and sued to overturn the ruling. . . .

Earlier this week, the ISPs attempted to stop the clock by arguing that the regulations should be delayed until after the lawsuit has worked its way completely through the courts-a process that will, in all likelihood, take years.

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"Two Years of Transformative Open Data for Public Good"

The White House has released "Two Years of Transformative Open Data for Public Good."

Here's an excerpt:

Two years ago, President Obama signed an Executive Order (E.O.) to improve how our government shares information for the benefit of the American people. The E.O. meant that for the first time in history, Federal government data was required to be open by default with common standards and machine-readable formats. As a result, government information is now more easily discoverable with the necessary safeguards to prevent release of sensitive and personally identifiable information. . . .

Today, more than 130,000 datasets reside on data.gov, the repository for the U.S. Government's open data. Data.gov is updated daily with datasets on important issues such as Climate, Public Safety, Health, and Education. Users can find data on the consumer complaints filed against their banks, on-time performance of airlines, or health indicators in their communities such as the prevalence of heart disease or cancer. One reason this is so important is that open data allows businesses, software developers, and anyone else who's interested to create consumer-friendly applications to help us all make better-informed decisions about health care, transportation, energy use, and more. Open data also has other positive impacts, such as fueling creation of new businesses and jobs. And the best part is that we're just getting started.

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"Aaron’s Law Reintroduced: CFAA Didn’t Fix Itself"

The EFF has released Aaron's Law Reintroduced: CFAA Didn't Fix Itself by Cindy Cohn.

Here's an excerpt:

Aaron's law, the proposed law named in honor of Internet hero Aaron Swartz was reintroduced last week by Rep. Zoe Lofgren (D-Calif.) and Senator Wyden (D-Ore.), with new co-sponsor Senator Rand Paul (R-Ky.). This bill is the same as the one introduced in 2013 and we call upon Congress to move it forward.

The CFAA is one of the laws that is misused by prosecutors, piling on potential jail time to relatively minor charges in order to ratchet up pressure on defendants and get them to plead guilty rather than risk trial. In the time since Aaron's tragic death, EFF has continued to see misuses of the CFAA in prosecutions across the country. While this bill wouldn't fix everything that is wrong with the law, it would ensure that people won't face criminal liability for violating a terms of service agreement or other solely contractual agreements. It would also rein in some of the potential for prosecutorial discretion by limiting penalties and stop some of the game playing with duplicate charges that we continue to see. More specifics on our website, along with links to EFF's ongoing work in the courts can be found on our CFAA Issue page.

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"The Net Neutrality Saga: A Long-Expected Journey"

Public Knowledge has released The Net Neutrality Saga: A Long-Expected Journey by Kate Forscey.

Here's an excerpt:

Meanwhile, some members of Congress are also taking aim at the FCC's rules, introducing a slew of bills, each purporting to address some part of the agency process that only seem to be in response to the FCC's rules. . . .

MORE FLIES WITH HONEY: First, Senators Thune and Upton introduced bills before the FCC even voted, sensing the strong regulations coming and hoping to head the Commission off at the pass. They claim the bill legislatively protects net neutrality by preventing non-throttling and non-blocking. . . More importantly, the bill revokes the Commission's authority over any other aspect of the broadband ecosystem, forever. . . .

SALTING THE EARTH: An alternative—but unsurprising—attack came from a different faction of Congressional Republicans, headed by Rep. Collins. Once the rules hit the Federal Register, the clock starts ticking on the Congressional Review Act—which allows Congress to review a "major" rule issued by any federal agency before the rules take effect (so, 60 days). The resolution ("CR") only needs a simple majority to pass in the House and the Senate—although the President can veto it, and likely would in this case. . . .

AND THE "REFORM" KITCHEN SINK: Most recently, three members dropped three different draft "FCC process reform" bills, each of which aims to restructure how the agency functions.

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"Open Access Policy: Numbers, Analysis, Effectiveness"

A. Swan et al. have self-archived "Open Access Policy: Numbers, Analysis, Effectiveness".

Here's an excerpt:

The PASTEUR4OA project analyses what makes an Open Access (OA) policy effective. The total number of institutional or funder OA policies worldwide is now 663 (March 2015), over half of them mandatory. ROARMAP, the policy registry, has been rebuilt to record more policy detail and provide more extensive search functionality. Deposit rates were measured for articles in institutions' repositories and compared to the total number of WoS-indexed articles published from those institutions. Average deposit rate was over four times as high for institutions with a mandatory policy. Six positive correlations were found between deposit rates and (1) Must-Deposit; (2) Cannot-Waive-Deposit; (3) Deposit-Linked-to-Research-Evaluation; (4) Cannot-Waive-Rights-Retention; (5) Must-Make-Deposit-OA (after allowable embargo) and (6) Can-Waive-OA. For deposit latency, there is a positive correlation between earlier deposit and (7) Must-Deposit-Immediately as well as with (4) Cannot-Waive-Rights-Retention and with mandate age. There are not yet enough OA policies to test whether still further policy conditions would contribute to mandate effectiveness but the present findings already suggest that it would be useful for current and future OA policies to adopt the seven positive conditions so as to accelerate and maximise the growth of OA.

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"Next Up for Agency Public Access Plans: NOAA"

SPARC has released "Next Up for Agency Public Access Plans: NOAA" by Heather Joseph.

Here's an excerpt:

The National Oceanic and Atmospheric Administration (NOAA) has released its plan to create policies ensuring public access to articles and data resulting from its funded research, as required by the February 2013 White House directive. . . .

The NOAA plan calls for all agency-funded intramural and extramural researchers to deposit final, accepted manuscripts into the agency's repository upon acceptance in a peer-reviewed journal. Unlike many of the other agencies that have released plans to date, NOAA will also require its investigators to submit technical reports, data reports, and technical memoranda into the repository as well—significantly increasing the scope of the materials covered by the agency's policy.

NOAA will use the OSTP-suggested 12-month embargo period as its baseline. Like other agencies, it will provide stakeholders with a mechanism for petitioning the agency to change the embargo period. The plan indicates that requests must include evidence that outweighs the public benefit of having the embargo remain at one year. . . .

Currently, funded researchers are required to make data "visible and accessible" within two years. The new plan calls for this time frame to be shortened to just one year. It also indicates that data underlying the conclusions of peer-reviewed articles will most likely be required to be made available at the time of the article's publication, in appropriate repositories (presumably to be designated by NOAA).

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"NIST Releases Public Access Plan: Agency will Partner with NIH to use PMC Platform"

SPARC has released "NIST Releases Public Access Plan: Agency will Partner with NIH to use PMC Platform" by Heather Joseph.

Here's an excerpt:

NIST's plan calls for the agency to partner with the National Institutes of Health (NIH), to use PubMed Central (PMC) as the repository for articles. The plan indicated that NIST selected this option in order to "leverage the well-established search, archival, and dissemination features of PMC."

All NIST-funded researchers will be required to deposit their final peer-reviewed manuscripts into PMC upon acceptance in a peer-reviewed journal and make them available to the public with no longer than a 12-month embargo period. NIST will also accept final published articles where allowed and will follow the NIH's current format requirements. As with the other agencies, NIST will provide stakeholders with a mechanism for petitioning the agency to "shorten or extend the allowable embargo period." NIST envisions that this process would take place through a public petition process run through the Federal Register. . . .

NIST's plan for providing public access to data consists of three components: requiring data management plans (DMPs), creating an Enterprise Data Inventory (EDI), and establishing a Common Access Platform providing a public access infrastructure.

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Department of Defense Releases Draft Plan to Establish Public Access to the Results of Federally Funded Research

The Department of Defense has released a draft Plan to Establish Public Access to the Results of Federally Funded Research .

Here's an excerpt from the SPARC announcement:

It calls for all DoD-funded researchers to deposit final peer-reviewed manuscripts into the Department's "Defense Technical Information Center" (DTIC) repository. All articles will be made available to the public with no longer than a 12 embargo period. . . .

The DoD draft plan doesn't elaborate on reuse rights for articles in the DTIC database, other than to note that articles will be subject to copyright and related license terms. Articles authored by DoD employees, however, will carry a full government use license. . . .

One significant place where the DoD's draft plan differs from others released to date is in the area of compliance. The Department indicates that it plans to develop its own "compliance monitor," that will issue "certification tokens" to authors who submit articles and datasets to the DoD under the new policies. The current document doesn't provide any additional details, but the concept of tokens is an intriguing one.

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