[LAW-LIB:58429] Re: All CRS reports (up till now) freely available

From: Mike Yared (mike_yared@yahoo.com)
Date: Fri Mar 06 2009 - 09:21:09 PST

  • Next message: Carolyn Santanella: "[LAW-LIB:58430] FREE FOR POSTAGE"

    ý"CRS reports themselves do not have copyright
    restriction because they are ýgovernment documents and
    can be freely disseminated"ý

    And the CRS won't admit it even though there is such a
    policy at
    ýhttp://www.cendi.gov/publications/04-8copyright.html#511...\

    The article about the CRS reports in the Washington
    Post at
    ýhttp://www.washingtonpost.com/wp-\dyn/content/article/2005/06/27/AR200506\\2701509.html
    ý ý mentioned that copyright ýinfringement. ý"...CRS
    has consistently said it is not designed to serve any
    ýsort of public ýinformation function. In past years,
    it has said that could ýcreate a number of ýlegal and
    practical problems, contending, for example, that
    ýinterest groups ýand lobbyists would inundate its
    office with complaints and ýcomments in hopes ýof
    influencing what CRS analysts wrote. It has also
    ýexpressed fears that it ýcould be held liable for
    what it said in the reports ýor be sued for copyright
    ýinfringement..."ý

    also

    See from
    http://www.fas.org/sgp/news/secrecy/2005/06/062805.html#2\
    ý"CRS HAS NO PUBLIC MISSION"ý

    Why aren't non-confidential Congressional Research
    Service reports ýautomatically made available to the
    public? At first glance, the policy ýappears to
    reflect institutional arrogance or reflexive secrecy
    on the part of ýCRS and the Congress. But there is
    more to it than that, congressional ýofficials say.ý

    CRS repeatedly stresses that it works for Congress,
    and only for Congress.ý

    ý"CRS assists every Member and committee," said
    Director Daniel P.Mulhollan in ýMay 23 testimony
    before the House Appropriations Committee. "All of
    our work ýis confidential and focuses solely,
    directly, and specifically on the needs of ýthe
    congressional community. CRS has no public mission."ý

    By insisting on this point, CRS is distinguishing
    itself from the larger and ýhigher-profile Government
    Accountability Office.ý

    More subtly, CRS is repudiating any comparison with
    the Office of Technology ýAssessment (OTA), which was
    dismantled by Congressional Republicans in 1995, ýan
    event that is seared in the consciousness of CRS
    officials.ý

    What CRS is saying is that it has no institutional
    agenda of its own aside ýfrom support to members of
    Congress, and that, unlike OTA, it takes no ýposition
    on disputed policy matters.ý

    CRS believes that its uniqueness as a congressional
    support agency, which ýconstitutes its central claim
    to continued funding, would only be diluted by ýdirect
    interactions with public consumers.ý

    ý"Over time, CRS products might come to be written
    with a large public audience ýin mind and could no
    longer be focused solely on congressional needs," CRS
    ýDirector Mulhollan said in a written statement
    yesterday.ý

    And the current congressional leadership apparently
    agrees.ý

    ý"CRS has received clear indication from its oversight
    committees that no ýchange in the current policy is
    authorized," Director Mulhollan wrote ýyesterday.ý

    ý"It is important to recognize that while the
    restriction on public access to ýCRS products is
    frequently characterized as CRS 'resistance,' the
    reality is ýthat the policy is a congressional one,"
    he noted.ý

    In any case, "As CRS obtains no copyright in its
    products, little can be done ýto discourage the trend
    toward further public availability of CRS products
    ýbrought about without the permission of a Member or
    committee."ý

    A 1999 CRS memorandum outlined several reasons why it
    believed direct public ýaccess to CRS products would
    have unfavorable legal and institutional
    ýconsequences.ý

    See "Congressional Policy Concerning the Distribution
    of CRS Written ýProducts," March 9, 1999:ý
    ý http://www.fas.org/sgp/crs/policy.html

    Mike Yared
    mike_yared@yahoo.com

          



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