Op-Ed: Tell Congress to Stand Against the PRO CODES Act
By: Commissioner Jamie Caudle
As a farmer and businessman, I commend our state leaders for their commitment to upgrading infrastructure, paving the way for North Carolina to become a thriving economic hub. From border to border, we can witness firsthand how investments are rejuvenating roads, bridges, and utilities, providing a solid foundation for long-term growth. These transformative projects not only generate jobs for skilled workers but also draw businesses eager to leverage a modern, efficient infrastructure. Together, these efforts are driving us toward a stronger, more prosperous economy for everyone.
Despite this progress, I am worried about how federal lawmakers in Washington D.C. could unnecessarily interfere our state’s progress. Last year, Congress was on the verge of trying to pass the PRO CODES Act, a bill that would grant private entities jurisdiction over who can access our country’s laws.
The legislation is now rumored to be reintroduced once again this congressional session. If true, the bill would impose unprecedented obstacles on the public’s ability to access legal information that directly impacts their daily lives. That’s why members of Congress on both sides of the aisle previously came out in opposition to this legislation. With the bill’s reintroduction now on the horizon, it is imperative that North Carolina’s Congressional delegation stand against it.
As written last year, the PRO CODES Act would expand the copyright power of standards development organizations (SDOs), who are responsible for creating safety standards and codes for various industries. It would allow them to essentially monopolize and copyright any standards and guidelines referenced in the law.
While SDOs claim that law will remain accessible to the public, this is far from the truth. These organizations would actually use the PRO CODES Act to reduce access to key legal information. We know this because SDOs currently have obstacles in place that make it difficult for individuals to fully access the law. This is evident in their “free reading rooms,” which permits users to view legal codes in select locations. Still, these rooms have numerous hurdles that obstruct proper analysis of the law, including preventing users from copying, printing, or downloading text.
Instead, SDOs aim to leverage government authority for their financial benefit by restricting information that should be publicly accessible. Obtaining monopoly-like control over who can access the law threatens individual liberties and undermines the transparency and accountability essential to a free society.
This misguided bill would also jeopardize the ability of building companies to fully comply with vital safety guidelines and regulations. Building codes are crucial for engineering, architecture, and construction firms, referencing them to comply with strict safety standards while delivering projects on time and with efficiency. Yet, by passing the PRO CODES Act, Congress would give private entities the ability to restrict access to these essential codes in order to prioritize their profits, ultimately delaying construction and jeopardizing public safety.
At the judicial level, the Supreme Court has consistently upheld that no private entity can claim copyright over the law. If enacted, the PRO CODES Act would directly violate this legal precedent, effectively limiting access to our nation’s laws to the highest bidders. We cannot allow this to happen and must call on our members of Congress to take action
Our state’s congressional delegation must make every effort to oppose the PRO CODES Act. We cannot allow Washington to grant private organizations the authority to copyright our nation’s laws. Doing so jeopardizes the civil liberties of citizens across North Carolina and compromises our ability to access critical building codes, putting the safety of our infrastructure at risk.
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