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 currently exist in a quasi-public domain status. If enacted, the Act would allow SDOs to retain copyright over their standards even after they are incorporated into law, potentially restricting access to legal materials. This could create barriers for taxpayers and professionals who rely on clear and accessible legal information, leading to increased compliance costs and legal uncertainty. For instance, if a tax provision includes a copyrighted standard, individuals would need to navigate copyright permissions and possibly pay licensing fees to access or distribute this information. Critics argue that this undermines the principle of open law, making it more difficult for individuals, especially those with disabilities, to access legal information in adaptable formats. Advocacy groups like the Electronic Frontier Foundation and the Center for Democracy and Technology have opposed the Act, emphasizing that laws should remain a public good. They warn that the Pro Codes Act could set a dangerous precedent, eroding public access to legal materials. While proponents argue for the protection of SDOs' intellectual property, the broader implications for legal transparency and taxpayer rights raise serious concerns. The Act remains under committee review, and its outcome could significantly impact the intersection of intellectual property and justice.