How Laws Get Online: Challenges in Free Law

In this webinar, LII Co-Directors Sara Frug and Craig Newton will help attendees understand various nuances in the codification of federal statutes and regulations, as well as identify issues recently or currently in litigation regarding when and how governments place private works into the public domain by incorporating them into statutes or regulations. Sara will discuss the process by which finalized statutes and regulations move from what is approved by governmental authority to the form, format and features that the bar and the public see when conducting research on LII, Justia, or for-profit legal research platforms like Fastcase, Westlaw, or Lexis. Craig will then discuss both recently decided and also pending litigation that may define clearer rules for what happens when private entities claim copyright on materials that become part of the public law that citizens are presumed to know. Lastly, the webinar will touch on the implications of these issues not just for today’s legal research tools, but also for the AI-powered applications that might assist lawyers in the near future.

Topics covered include:

Legal Research Law Practice Legal Industry Trends

Agenda:

Introductory Overview

About Cornell's Legal Information Institute (LII), its mission, and its history
An overview of how laws and legal resources get online

How Federal Statutes & Regulations Get Into Legal Research Platforms

Congress, Public Laws, and the U.S. Code
Electronic dissemination and organization of enacted statutes
The Executive Agencies and the Rulemaking Process
The Federal Register
Finalized Regulations and the eCFR
State laws and regulations: a separate challenge

Copyright and Public Access to the Law

The Government Edicts Doctrine

Georgia v. Public.Resource.Org

Incorporation by reference: model codes and private standards

American Society for Testing and Materials v. Public.Resource.Org
UpCodes cases

Do commercial legal publishers face antitrust liability when they exclude competitors from licensing primary legal materials?

Thomson Reuters v. ROSS Intelligence

Ramifications for Today and Tomorrow

Governmental and other free websites for accessing statutes and regulations
The impact of open access to legal materials on AI-powered legal research tools

Questions & Answers

Duration of this webinar: 60 minutes

Originally broadcast: September 08, 2023 11:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction and Speaker Background

Speakers Craig Newton and Sara Frug are co-directors of the Legal Information Institute. They will discuss the challenges of making legal materials accessible online, focusing on the importance of free law. Craig Newton explains the mission of the Legal Information Institute to provide public access to legal materials online, emphasizing the historical context and technological advancements.

04:38 History and Challenges of Free Law

Craig Newton discusses the historical context of the free law movement, highlighting the transition from physical books to digital formats. He explains the importance of public access to legal information, emphasizing the public's right to know the law. The presentation focuses on primary legal sources like the U.S. Code and CFR, and the complexities involved in keeping these resources current. Craig highlights the technological challenges in maintaining accurate and up-to-date legal information online. He emphasizes the importance of understanding these processes for legal professionals to ensure the accuracy of online legal resources.

08:52 Legal Information Systems and Technology

Sara Frug explains the role of legal information service providers in standardizing and integrating legal data for public use. She describes the features pioneered by LII to enhance the accessibility and usability of legal texts online. Sara discusses the challenges of adapting print-based legal information to digital formats, emphasizing the need for comprehensive and timely updates. She highlights the importance of metadata and cross-referencing in providing accurate legal information. Sara outlines the process of publishing legal information online, focusing on the U.S. Code and CFR, and the technological advancements involved.

29:06 Copyright and Legal Materials

Craig Newton discusses the issue of copyright in legal materials, particularly in relation to state laws and annotations. He explains the Supreme Court case Georgia v. Public.Resource.Org, which addressed the copyrightability of annotated legal codes. The court ruled that annotations merged with official codes are not subject to copyright, emphasizing public access to legal information. Craig highlights the implications of this ruling for the dissemination of legal materials and the role of the government edicts doctrine. He discusses the challenges posed by copyright claims in legal materials and the importance of free access to the law.

41:50 Incorporation by Reference and Fair Use

Craig Newton explores the concept of incorporation by reference, where private standards are adopted into law, raising copyright issues. He discusses the legal challenges faced by entities reproducing these standards, emphasizing the importance of public access to incorporated materials. Craig highlights the role of fair use in these cases, noting the complexity and variability of legal interpretations. He explains the transformative use doctrine, which can influence fair use rulings, particularly in cases involving legal information. Craig discusses the implications of these legal challenges for the future of legal information systems and access to the law.

55:45 Implications for Legal AI and Future Directions

Craig Newton discusses the implications of copyright and fair use for legal AI systems and the future of legal research. He highlights the challenges posed by copyright claims on data sets used by AI, affecting the quality and completeness of AI outputs. Craig explores the potential impact of legal rulings on AI development and the accessibility of legal information. He discusses the role of transformative use in copyright cases, noting its significance for AI and legal information systems. Craig emphasizes the importance of free access to legal information for the development of AI and the future of legal research.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: September 7, 2025

South Carolina CLE

Status: Approved

Credits: 1.00 General

Difficulty: All Levels

Earn Credit Until: December 31, 2025

North Carolina CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: February 28, 2026

Texas CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: January 31, 2026

This presentation is approved for one hour of General CLE credit in California, South Carolina (all levels), and North Carolina. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

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Speakers

Sara Frug Co-Director
The Legal Information Institute at Cornell Law School

Sara Frug is Co-Director of the Legal Information Institute, where she has overseen software engineering initiatives ranging from automated definition extraction for the U.S. Code and CFR, to publication of a comprehensive collection of U.S. state regulations, to linked data for regulated objects. She has been a panelist at the Legislative Data and Transparency Conference and a fellow of the Harvard Library Innovation Lab. Before joining LII, she was a Research Associate at Harvard Business School. She is a graduate of Harvard College.

Craig Newton Co-Director
The Legal Information Institute at Cornell Law School

Craig Newton is Co-Director of the Legal Information Institute. A member of the California bar, Craig previously represented clients ranging from some of the world’s best-known companies to pro bono litigants in a wide range of civil disputes with a focus on contracts, licenses, patents, and trade secrets. He is a graduate of Cornell Law School and the U.S. Naval Academy.

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