Legislation and Government Regulation – Page 14

"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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"Public Knowledge Applauds FCC for Delivering Strong Open Internet Rules"

Public Knowledge has released "Public Knowledge Applauds FCC for Delivering Strong Open Internet Rules."

Here's an excerpt:

Today, the Federal Communications Commission published its Open Internet Report and Order. The order details strong rules designed to prevent Internet Service Providers from blocking, throttling or using paid prioritization to control how Americans use the internet. . . .

An initial review shows that the order uses Title II to deliver the strong rules the Chairman promised and consumers expect. It includes simple and clear bright-line rules of no blocking, no throttling, and no paid prioritization. It prohibits unreasonable interference with consumer Internet use and strengthens transparency requirements. The Order also shows that the decision is rooted in the opinions, arguments, and legal reasoning of almost 4 million people in the extensive record gathered through this transparent process. . . .

The Order does not create new fees and taxes for consumers. It does not create rate regulation or tariffs. The FCC was careful to forbear from 27 provisions of Title II and over 700 rules and regulations. This effort creates strong protections for consumers without harming the investment that has driven the growth of the Internet into the essential communications tool for the 21st century. It is no wonder that it has such broad support from technology companies big and small, non-tech companies, racial justice and public interest groups, some Internet Service Providers, venture capitalists and investors.

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"FCC Adopts Strong, Sustainable Rules to Protect the Open Internet"

The FCC has released "FCC Adopts Strong, Sustainable Rules to Protect the Open Internet."

Here's an excerpt:

Today, the Commission—once and for all—enacts strong, sustainable rules, grounded in multiple sources of legal authority, to ensure that Americans reap the economic, social, and civic benefits of an Open Internet today and into the future. These new rules are guided by three principles: America's broadband networks must be fast, fair and open—principles shared by the overwhelming majority of the nearly 4 million commenters who participated in the FCC's Open Internet proceeding. Absent action by the FCC, Internet openness is at risk, as recognized by the very court that struck down the FCC's 2010 Open Internet rules last year in Verizon v. FCC. . . .

Bright Line Rules: The first three rules ban practices that are known to harm the Open Internet:

No Blocking: broadband providers may not block access to legal content, applications, services, or non-harmful devices.

No Throttling: broadband providers may not impair or degrade lawful Internet traffic on the basis of content, applications, services, or non-harmful devices.

No Paid Prioritization: broadband providers may not favor some lawful Internet traffic over other lawful traffic in exchange for consideration of any kind-in other words, no "fast lanes." This rule also bans ISPs from prioritizing content and services of their affiliates.

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"AHRQ, NASA, USDA Release Plans for Public Access to Funded Research"

ARL has released AHRQ, NASA, USDA Release Plans for Public Access to Funded Research.

Here's an excerpt:

Three US Government agencies-the Agency for Healthcare Research and Quality (AHRQ), the National Aeronautics and Space Administration (NASA), and the US Department of Agriculture (USDA)-recently released their plans for increasing public access to federally funded research in response to the 2013 White House Office of Science & Technology Policy (OSTP) directive. The OSTP memorandum directed federal agencies with R&D budgets of $100 million or more to develop plans to make the published results of federally funded research freely available to the public within one year of publication.

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Archival Electronic Records: President Barack Obama Signs the Presidential and Federal Records Act Amendments of 2014

President Barack Obama has signed H.R. 1233, the Presidential and Federal Records Act Amendments of 2014.

Here's an excerpt from the announcement:

Major updates to the Presidential and Federal Records Acts include:

Strengthening the Federal Records Act by expanding the definition of Federal records to clearly include electronic records. This is the first change to the definition of a Federal record since the enactment of the act in 1950.

Confirming that Federal electronic records will be transferred to the National Archives in electronic form.

Granting the Archivist of the United States final determination as to what constitutes a Federal record.

Authorizing the early transfer of permanent electronic Federal and Presidential records to the National Archives, while legal custody remains with the agency or the President.

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President Obama Releases Net Neutrality Statement

President Obama has issued a statement about net neutrality.

Here's an excerpt:

The FCC is an independent agency, and ultimately this decision is theirs alone. I believe the FCC should create a new set of rules protecting net neutrality and ensuring that neither the cable company nor the phone company will be able to act as a gatekeeper, restricting what you can do or see online. The rules I am asking for are simple, common-sense steps that reflect the Internet you and I use every day, and that some ISPs already observe. These bright-line rules include:

No blocking. If a consumer requests access to a website or service, and the content is legal, your ISP should not be permitted to block it. That way, every player—not just those commercially affiliated with an ISP—gets a fair shot at your business.

No throttling. Nor should ISPs be able to intentionally slow down some content or speed up others—through a process often called "throttling"—based on the type of service or your ISP's preferences.

Increased transparency. The connection between consumers and ISPs—the so-called "last mile"—is not the only place some sites might get special treatment. So, I am also asking the FCC to make full use of the transparency authorities the court recently upheld, and if necessary to apply net neutrality rules to points of interconnection between the ISP and the rest of the Internet.

No paid prioritization. Simply put: No service should be stuck in a "slow lane" because it does not pay a fee. That kind of gatekeeping would undermine the level playing field essential to the Internet's growth. So, as I have before, I am asking for an explicit ban on paid prioritization and any other restriction that has a similar effect.

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UK Launches New Licensing Program for 91 Million Orphan Works

The UK has launched a new licensing program for orphan works that will cover around 91 million works.

Here's an excerpt from the announcement:

A new licensing scheme launched today (29 October 2014) could give wider access to at least 91 million culturally valuable creative works-including diaries, photographs, oral history recordings and documentary films.

These works are covered by copyright, but rights holders cannot be found by those who need to seek permission to reproduce them. Under the new scheme, a licence can be granted by the Intellectual Property Office so that these works can be reproduced on websites, in books and on TV without breaking the law, while protecting the rights of owners so they can be remunerated if they come forward.

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International Trade Commission and Digital Data Regultation: "Brief of PK and EFF in ClearCorrect v. ITC"

The EFF has released "Brief of PK and EFF in ClearCorrect v. ITC."

Here's an excerpt from the announcement:

In the sweeping and unprecedented decision below, the International Trade Commission found that its authority to regulate trade extends to pure "electronic transmission of digital data" untied to any physical medium. Generally, by statute, the Commission's jurisdiction is limited to oversight of "importation . . . of articles." However, the Commission expansively construed the term "articles" to potentially include anything "bought and sold in commerce," thereby leading to its conclusion that digital data was an article of importation. This broadly sketched statutory construction fails to indicate clearly any limiting principles on the Commission's power.

Among other things, the Commission's decision leaves open the question of whether all transmissions of telecommunications data are within the scope of its authority.

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"Codifying Collegiality: Recent Developments in Data Sharing Policy in the Life Sciences "

Genevieve Pham-Kanter et al. have published "Codifying Collegiality: Recent Developments in Data Sharing Policy in the Life Sciences " in PLOS ONE.

Over the last decade, there have been significant changes in data sharing policies and in the data sharing environment faced by life science researchers. Using data from a 2013 survey of over 1600 life science researchers, we analyze the effects of sharing policies of funding agencies and journals. We also examine the effects of new sharing infrastructure and tools (i.e., third party repositories and online supplements). We find that recently enacted data sharing policies and new sharing infrastructure and tools have had a sizable effect on encouraging data sharing. In particular, third party repositories and online supplements as well as data sharing requirements of funding agencies, particularly the NIH and the National Human Genome Research Institute, were perceived by scientists to have had a large effect on facilitating data sharing. In addition, we found a high degree of compliance with these new policies, although noncompliance resulted in few formal or informal sanctions. Despite the overall effectiveness of data sharing policies, some significant gaps remain: about one third of grant reviewers placed no weight on data sharing plans in their reviews, and a similar percentage ignored the requirements of material transfer agreements. These patterns suggest that although most of these new policies have been effective, there is still room for policy improvement.

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Legal Analysis: Technology, Equality and Accessibility in College and Higher Education Act (TEACH Act)

The EDUCAUSE Policy Office has released Technology, Equality and Accessibility in College and Higher Education Act (TEACH Act).

Here's an excerpt from the announcement:

This analysis, however, demonstrates that the TEACH Act would actually create de facto enforceable standards for digital instructional materials and related technologies, and that in the process it would severely limit the ability of colleges and universities to effectively use technology to advance learning for all students.

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"Bill Introduced in Congress to Let You Actually Own Things, Even if They Contain Software"

Kit Walsh has published "Bill Introduced in Congress to Let You Actually Own Things, Even if They Contain Software in Deeplinks."

Here's an excerpt:

At last, someone in Congress has noticed how "intellectual property rights" are showing up in unexpected places and undermining our settled rights and expectation about the things we buy. Today, Representative Farenthold announced the introduction of the You Own Devices Act (YODA). If a computer program enables a device to operate, YODA would let you transfer ownership of a copy of that computer program along with the device. The law would override any agreement to the contrary (like the one-sided and abusive End-User License Agreements commonly included with such software). Also, if you have a right to receive security or bug fixes, that right passes to the person who received the device from you.

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