congress

Proposed U.S. law would weaken and postpone public access to publicly funded research

Timothy Vollmer, March 12th, 2014

This week the U.S. House Representatives introduced H.R. 4186, the Frontiers in Innovation, Research, Science and Technology Act of 2014 (FIRST Act). The stated goal of the proposed law — “to provide for investment in innovation through scientific research and development, [and] to improve the competitiveness of the United States — is worthy and well received. But part of the bill (Section 303) is detrimental to both existing and proposed public access policies in the United States.

According to SPARC:

Section 303 of the bill would undercut the ability of federal agencies to effectively implement the widely supported White House Directive on Public Access to the Results of Federally Funded Research and undermine the successful public access program pioneered by the National Institutes of Health (NIH) – recently expanded through the FY14 Omnibus Appropriations Act to include the Departments Labor, Education and Health and Human Services. Adoption of Section 303 would be a step backward from existing federal policy in the directive, and put the U.S. at a severe disadvantage among our global competitors.

The White House Directive, NIH Public Access Policy, Omnibus Appropriations Act, and the proposed Fair Access to Science and Technology Research Act (FASTR) all contain similar provisions to ensure public access to publicly funded research after a relatively short embargo (6-12 months). These policies make sure that articles created and published as a result of federal funding are deposited in a repository for access and preservation purposes. In addition, the policies provide for a reasonable process and timeline for agencies to development a plan to comply with the public access requirements.

The FIRST Act would conflict with each of these practices. Instead, if enacted it would permit agencies that must comply with the law to:

  • Extend embargoes to federally funded research articles to up to 3 years after initial publication, thus drastically increasing the time before the public has free public access to this research. We’ve said before that the public should be granted immediate access to the content of peer-reviewed scholarly publications resulting from federally funded research. Immediate access is the ideal method to optimize the scientific and commercial utility of the information contained in the articles.
  • Fulfill access requirements by providing a link to a publisher’s site. However, this jeopardizes long-term access and preservation of publicly-funded research in the absence of a requirement that those links be permanently preserved. A better outcome would be to ensure that a copy is deposited in a federally-controlled repository.
  • Spend up to 18 additional months to develop plans to comply with the conditions of the law, thus further delaying the plans that are already being organized by federal agencies under the White House Directive and Omnibus Appropriations Act.

This bill is scheduled to be marked up in the House Committee on Science, Space, and Technology tomorrow, March 13.

But there are better alternatives, both in existing policy (e.g. White House Directive), and in potential legislation (e.g. FASTR). Here’s what you can do right now:

  • Send a letter to members of the House Science, Space and Technology Committee opposing Section 303 of the FIRST Act.
  • Use the SPARC action center to customize and send letters directly to your legislators. Tweet your opposition to Section 303 of the FIRST Act, or post about the bill on Facebook.
  • Write a letter to the editor or an op-ed for your local or campus newspaper. You can write directly to them or by using the SPARC legislative action center.
  • Share this post with your colleagues, labs, friends and family.
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Stop U.S. legislation that would block public access to publicly funded research

Timothy Vollmer, January 6th, 2012

In December 2011 the U.S. House of Representatives introduced The Research Works Act (H.R.3699), a bill that will ban public access to publicly funded research. SPARC says, “Essentially, the bill seeks to prohibit federal agencies from conditioning their grants to require that articles reporting on publicly funded research be made accessible to the public online.” The bill was introduced by Reps. Darrell Issa (R-CA) and Carolyn Maloney (D-NY). The sponsorship by Issa is odd considering his strong support for OPEN Act, the tolerable alternative to the SOPA/PIPA legislation. The bill stands in stark contrast to OSTP’s recent request for ideas about how the U.S. government can support public access to federally funded research articles and digital data (note: you can still submit comments until January 12 to the OSTP call). One of the primary proponents of the The Research Works Act is The Association of American Publishers, who describe the bill in a press release:

The Research Works Act will prohibit federal agencies from unauthorized free public dissemination of journal articles that report on research which, to some degree, has been federally-funded but is produced and published by private sector publishers receiving no such funding. It would also prevent non-government authors from being required to agree to such free distribution of these works. Additionally, it would preempt federal agencies’ planned funding, development and back-office administration of their own electronic repositories for such works, which would duplicate existing copyright-protected systems and unfairly compete with established university, society and commercial publishers.

The legislation would be toxic for progressive initiatives such as the NIH’s Public Access Policy, which requires scientists to submit final peer-reviewed journal manuscripts that arise from NIH funds to the PubMed Central digital archive. PubMed Central provides free public access to research the public pays for. SPARC’s Alliance for Taxpayer Access website has outlined specific ways that supporters of public access can speak out against this proposed legislation. Especially helpful is contacting the Congressional offices listed below. Please voice your support for public access to publicly funded research.

Representative Issa
@DarrellIssa
http://issa.house.gov/index.php?option=com_content&view=article&id=597&Itemid=73
Fax: (202) 225-3303

Representative Maloney
@RepMaloney
https://maloney.house.gov/contact-me/email-me (Using zip code 10128-3679)
Fax: (202) 225-4709

Members of the House Oversight and Government Reform Committee – especially if you’re a constituent.
http://1.usa.gov/zDqnne

Your representative – through the Alliance for Taxpayer Access Action Center: http://www.congressweb.com/cweb2/index.cfm/siteid/sparc

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Urgent: more action needed to stop SOPA

Mike Linksvayer, December 14th, 2011

Update 12/16

The hearings are still going on; please keep calling, emailing, and otherwise spreading the word!


Tomorrow the House Judiciary Committee will debate and potentially vote on SOPA, the Internet Blacklist bill that would break the Internet.

Our friends at the Electronic Frontier Foundation have compiled a list of 12 actions you can take now to stop SOPA.

Do them.


Soon you’ll find a huge banner at the top of every page on the CC site protesting SOPA. The Wikimedia community is considering a blackout to bring massive attention to the danger posed by SOPA. Many others are taking action. What are you doing?

For background on the bill, why it would be especially bad for the commons, and links for news, check out our previous post calling for action against SOPA and a detailed post from Wikimedia’s General Counsel.

Finally, remember that CC is crucial to keeping the Internet non-broken in the long term. The more free culture is, the less culture has an allergy to and deathwish for the Internet. We need your help too. Thanks!

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Urgent: Stop [U.S.] American censorship of the Internet

Mike Linksvayer, November 11th, 2011

November 16 the U.S. Congress will hold hearings on a bill that would unfairly, recklessly and capriciously enable and encourage broad censorship of the Internet in the name of suppressing distribution of works not authorized by copyright holders. As Public Knowledge aptly summarizes, the “Stop Online Piracy Act” would seriously “threaten the functioning, freedom, and economic potential of the Internet” by:

  • short-circuiting the legal system, giving rightsholders a fast-track to shutting down whole websites;
  • creating conflicts between Domain Name System (DNS) servers, making you more vulnerable to hackers, identity theft, and cyberattacks;
  • sanctioning government interference with the Internet, making it more censored globally.

SOPA threatens every site on Internet, but would especially harm the commons, as the Electronic Frontier Foundation explains, focusing on free software. The same applies to free and open projects beyond software, which often use CC licenses. While standard public licenses have lowered the costs and risks of legal sharing and collaboration, SOPA would drastically increase both the costs and risks of providing platforms for sharing and collaboration (think sites ranging from individual blogs to massive community projects such as Wikipedia, from open education repositories to Flickr and YouTube), and vaporize accessibility to huge swathes of free culture, whether because running a platform becomes too costly, or a single possibly infringing item causes an entire domain to be taken down.

The trend that one can plot from the DMCA (1998) to SOPA, and continued extensions and expansions of copyright and related restrictions around the world, also demonstrate the incredible importance of the commons for healthy information policy and a healthy Internet — almost all other “IP” policy developments have been negative for society at large. The DMCA was decried by advocates of free speech and the Internet, and has over past 13 years had many harmful effects. Now, in 2011, some think that the U.S. Congress ‘struck the right balance’ in 1998, while big content is dissatisfied, and with SOPA wants to ratchet the ‘balance’ (watch out, 2024!) much further to their short-term advantage.

Techdirt has excellent coverage of the gritty details of SOPA, its ill effects, and the many constituencies alarmed (such as librarians and sports fans).

Sign up at American Censorship Day to be alerted of actions you can take against SOPA. Demand Progress, EFF, and PK have forms you can use to write the U.S. Congress right now.

Please take action! If you aren’t already sharing works under a CC license and supporting our work, now is a good time. Bad legislation needs to be stopped now, but over the long term, we won’t stop getting new bad legislation until policymakers see broad support and amazing results from culture and other forms of knowledge that work with the Internet, rather than against it. Each work or project released under a CC license signals such support, and is an input for such results.

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H.R. 1464 — The “OER Bill”

Jane Park, March 27th, 2009

The open educational resources movement has been picking up steam lately, even attracting the attention of legislators. What’s hot in the new Persian year (aka the start of spring) is the recently introduced “OER Bill“. What’s that, you say?

Well in its own words, it’s a bill “To require Federal agencies to collaborate in the development of freely-available open source educational materials in college-level physics, chemistry, and math, and for other purposes.”

Like David Wiley, we also don’t quite trust our eyes. (Italics don’t really do it justice either.)

Read further, and you’ll see that the bill requires all federal agencies expending more than $10,000,000 a year on scientific education and outreach to “use at least 2 percent of such funds for the collaboration on the development and implementation of open source materials as an educational outreach effort in accordance with subsection.”

The bill also complains a great deal about the cost of closed (versus open) textbooks. This is an undeniable fact that might finally get recognized by Congress. Read the full bill now.

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