The Law

The Law

Back

Back: How Patents Met the Internet

It's Not Just a Good Idea, It's the Law.

Federal Policy on this matter is clear: government databases shall be made broadly and equitably to the public. The law is the Paperwork Reduction Act, which was passed by a unanimous House, a unanimous Senate, and endorsed by the President and Vice President. The law requires each agency of the government to "ensure that the public has timely and equitable access to the agency's public information."

The law was implemented as Office of Management and Budget Circular A-130. This binding directive applies to all agencies and states in part: "Every agency has a responsibility to inform the public within the context of its mission. This responsibility requires that agencies distribute information at the agency's initiative, rather than merely responding when the public requests information. "

A special memo to agency heads warns them that "Section 3506(d)(4)(D) of the PRA, and Section 8.a(7)(c) of Circular A-130, set the basic standard that agencies shall not charge user fees for government information which exceed the cost of dissemination. The cost of dissemination does not include the cost of initially collecting and processing the information. "

Although OMB reported to Congress that there were no unresolved situations under the Paperwork Reduction Act, we beg to differ. We know of at least two groups that made protests to two different agencies during the period covered by the report.

Here is what the law says:

Full Text of Public Law 104-13: Paperwork Reduction Act

One Hundred Fourth Congress of the United States of America

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Sec. 3506. Federal agency responsibilities

(d) With respect to information dissemination, each agency shall--

(1) ensure that the public has timely and equitable access to the agency's public information, including ensuring such access through--

(A) encouraging a diversity of public and private sources for information based on government public information;

(B) in cases in which the agency provides public information maintained in electronic format, providing timely and equitable access to the underlying data (in whole or in part); and

(2) regularly solicit and consider public input on the agency's information dissemination activities;

(3) provide adequate notice when initiating, substantially modifying, or terminating significant information dissemination products; and

(4) not, except where specifically authorized by statute--

(A) establish an exclusive, restricted, or other distribution arrangement that interferes with timely and equitable availability of public information to the public;

(B) restrict or regulate the use, resale, or redissemination of public information by the public;

(D) establish user fees for public information that exceed the cost of dissemination.