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    Public Works For A Better Government

    Uploaded by

    Binayak Kumar

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    © All Rights Reserved
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    Public Works For A Better Government

    Uploaded by

    Binayak Kumar
    34 views4 pages

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    bis.gov.in.20140922

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    34 views4 pages

    Public Works For A Better Government

    Uploaded by

    Binayak Kumar

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    © All Rights Reserved
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    of 4

    PUBLIC.RESOURCE.

    ORG ~ A Nonprofit Corporation


    Public Works for a Better Government

    September 22, 2014

    Dr. Juni Nomura, President


    International Electrotechnical Commission
    3, rue de Varembé
    CH - 1211 Geneva 20
    Switzerland

    Dear Dr. Nomura:

    I am in receipt of and am responding to the September 17, 2014 electronic mail


    message from Mr. Karlheinz Ulmer of the IEC Copyright Protection Department on the
    subject “Cease and desist - archive.org (IS/IEC, IS/ISO/IEC, IS).” The documents Mr.
    Ulmer was referencing may be viewed using the following search:

    https://archive.org/search.php?query=iec+AND+collection%3Apublicsafetycode

    I am responsible for posting those documents to the Internet Archive and am the
    maintainer of that collection. All of those documents are from the India public safety
    collection which Public.Resource.Org maintains at the following location:

    https://law.resource.org/pub/in/manifest.in.html

    Let me first say that as a long-time participant in the process of standardization in the
    field of computer networks, I am very aware and appreciative of the wonderful work of
    the IEC. The Internet builds on a base of technical standards for the underlying
    infrastructure and we stand on the shoulders of giants, including the rigorous and
    innovative work produced by over 10,000 volunteers who participate in the IEC
    standardization process. The IEC produces technical standards that are essential to the
    public safety in numerous fields. I have been particularly impressed by the recent work
    of TC 82 JWG1 which produced the IEC TS 62257 Series on “Recommendations for
    Small Renewable Energy and Hybrid Systems for Rural Electrification.”

    As you know, the work of IEC is used for many purposes. One of those purposes is to
    serve as the basis for national governmental initiatives. In the United States, for
    example, numerous IEC standards have been Incorporated by Reference into the Code
    of Federal Regulations and thus have the status of law. Examples include:

    • IEC 62301 (“Household Electrical appliances—Measurement of Standby Power”)


    has been incorporated into law in 10 CFR 430.3 by the Department of Energy.
    • IEC 61993-2 (“Maritime Navigation and Radiocommunication Equipment and
    Systems, Automatic Identification Systems (AIS)”) has been incorporated into law
    in 33 CFR 164.03 by the United States Coast Guard.

    carl@media.org ! 1005 GRAVENSTEIN HIGHWAY NORTH, SEBASTOPOL, CALIFORNIA 95472 • PH: (707) 827-7290 • FX: (707) 829-0104
    Dr. Juni Nomura, PAGE 2

    • IEC 1097-1 (“Global Maritime Distress and Safety System (GMDSS)--Part 1:


    Radar transponder--Marine Search and Rescue (SART)--Operational and
    Performance Requirements, Methods of Testing and Required Test Results”) has
    been incorporated into law in 47 CFR 80.1101 by the Federal Communications
    Commission.
    Rules concerning how U.S. laws are used, which was not the subject of Mr. Ulm’s
    inquiry, are of course subject to U.S. law. In the United States, as a long-standing
    matter of public policy, the law is not subject to copyright. This principle was
    established by our Supreme Court in Wheaton v. Peters, 33 U.S. (8 Pet.) 591 (1834) and
    has been repeatedly reaffirmed by our courts.

    This public policy is set down by the U.S. Copyright Office in the Compendium of U.S.
    Copyright Office Practices, Third Edition which states in §313.6(c)(2):

    As a matter of longstanding public policy, the U.S. Copyright Office will not
    register a government edict that has been issued by any state, local, or
    territorial government, including legislative enactments, judicial decisions,
    administrative rulings, public ordinances, or similar types of official legal
    materials. Likewise, the Office will not register a government edict issued by any
    foreign government or any translation prepared by a government employee
    acting within the course of his or her official duties.

    However, the subject of the notice from Mr. Ulmer was not about standards
    incorporated under U.S. law. Instead, he was writing about documents issued by the
    Bureau of Indian Standards, each of which has been duly issued as an edict of
    government of the Republic of India. Each Indian Standard clearly labels the issuer as
    the Bureau of Indian Standards and any copyright assertions are in their name.

    The Bureau has functioned as a government department since before independence,


    opening its doors on January 6, 1947. In India, all government departments are subject
    to the stringent requirements of the seminal Right to Information Act (Act No. 22 of
    2005), which secures to citizens “access to information under the control of public
    authorities, in order to promote transparency and accountability in the working of
    every public authority.” As the act so eloquently states in the preamble:

    WHEREAS the Constitution of India has established democratic Republic;

    AND WHEREAS democracy requires an informed citizenry and transparency of


    information which are vital to its functioning and also to contain corruption and
    to hold Governments and their instrumentalities accountable to the governed;

    AND WHEREAS revelation of information in actual practice is likely to conflict


    with other public interests including efficient operations of the Governments,
    optimum use of limited fiscal resources and the preservation of confidentiality of
    sensitive information;

    AND WHEREAS it is necessary to harmonise these conflicting interests while


    preserving the paramountcy of the democratic ideal;

    NOW, THEREFORE, it is expedient to provide for furnishing certain information


    to citizens who desire to have it.
    Dr. Juni Nomura, PAGE 3

    The Right to Information Act has deep roots in the Constitution of India, emanating
    from the basic Fundamental Rights of Article 19, which guarantees protection for the
    freedom of speech and expression. As the Supreme Court of India forcefully noted in
    S.P. Gupta v. Union of India, A.I.R. 1982 S.C. 149:

    The concept of an open government is the direct emanation from the right to
    know which seems to be implicit in the right of free speech and expression
    guaranteed under Article 19(1)(a). Therefore, disclosure of information in
    regard to the functioning of Government must be the rule and secrecy an
    exception justified only where the strictest requirement of public interest so
    demands. (¶55)

    In the case of the Bureau of India Standards, the urgency of disclosure to the citizenry
    of India is further underscored by Article 19(1)(g) of the Indian Constitution which
    guarantees the right “to practise any profession, or to carry on any occupation, trade
    or business.” Indian Standards are a crucial underpinning to the ability to safely and
    effectively practice one’s profession.

    A small or medium enterprise in the field of textiles, for example, cannot practice in
    India without full knowledge of and compliance with the thoughtful and comprehensive
    edicts issued by the Textiles Division of the Bureau of Indian Standards. Likewise, any
    person engaged in the practice of agriculture as a profession will need to fully
    understand the edicts governing the Sugar Industry, Apiary Industry, Fish and Fisheries
    Products, Dairy Products and Equipment, or Farm Irrigation and Drainage Systems.

    I am sure you will join me in my appreciation for the crucial role these important
    standards play in the promotion of industry in the Republic of India and in the
    protection of the safety of those practicing professions and of the general public.
    Yukichi Fukuzawa said in “Gakumon no Susume” that “since the government has
    become the representative of the people and has acquired the right to act in their
    behalf, its measures are the people’s measures.”

    Access to the people’s measures is in no case more important than the crucial
    technical standards that govern the creation and operation of our cities and villages,
    and of our homes, public spaces, and workplaces. Our purpose in posting these
    important standards for non-commercial use is to allow citizens, students, journalists,
    and others to read the technical specifications that govern our daily lives and make our
    world a safer place.

    I understand that the promulgation of public safety standards required by law and
    issued by governments is an important and difficult subject that has implications for
    the operation of standards development organizations including the International
    Electrotechnical Commission. However, I believe this conversation cannot take place in
    a vacuum and needs to proceed in the context of India, as this is the subject that has
    been raised by Mr. Ulmer.

    I would respectfully suggest and request that you or a representative of the IEC begin
    that conversation in New Delhi with myself and Mr. Sam Pitroda, who is chair of the
    All-India Advisory Committee for the Promulgation of Standards and the Protection of
    Public Safety. I would also recommend that this conversation include Sri Sunil Soni,
    Director-General of the Bureau of Indian Standards. If it is useful, perhaps the
    Dr. Juni Nomura, PAGE 4

    conversation could be broadened further. I do not know if they would have any interest
    in participating or if their schedules would permit, but I would be happy to invite some
    of my colleagues who have experience in these matters, such as Professor Jun Murai,
    Dr. Vinton G. Cerf, or Sir Tim Berners-Lee. I’m sure you might also have some
    additional suggestions for attendees for this broader conversation.

    These are important issues and I am confident we both share the important values of
    the promotion of trade and economic growth and of a world that is safe, efficient and
    environmentally friendly upon which the IEC is founded. I know we also share an
    appreciation for the vital importance of the work of the IEC in our increasingly
    technical world. I hope we can meet in New Delhi and I look forward to our
    conversation.

    Respectfully yours,

    Carl Malamud
    Public.Resource.Org

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