A Threat to Justice–The Pro Codes Act Would Copyright the Law

The proposed Pro Codes Act has ignited significant debate regarding its implications for legal accessibility and taxpayer rights. This legislation would permit standards development organizations (SDOs) to copyright elements of the law, which raises concerns about the transparency and accessibility of tax regulations. Currently, laws are considered public domain, but the Act would allow SDOs to retain copyright over their standards even after they are codified into law. This change could create barriers for taxpayers and professionals who rely on clear legal information, potentially increasing compliance costs and legal uncertainty. For instance, if a tax provision incorporates a copyrighted standard, accessing or distributing that provision could require navigating copyright permissions and paying licensing fees, undermining the principle that laws should be freely accessible. The Act also poses challenges for individuals with disabilities, as copyright restrictions may limit the ability to modify laws into accessible formats. Advocacy groups like the Electronic Frontier Foundation and the Center for Democracy and Technology have opposed the Act, arguing that it threatens public access to legal materials and sets a dangerous precedent for intellectual property rights over the law. As the Pro Codes Act remains under committee review, the ongoing discussions highlight the critical balance between protecting intellectual property and ensuring equitable access to legal information for all individuals.