The CP makes the status quo way worse.
Bremer 19 – Professor of Law at the University of Notre Dame, J.D. from New York University.
Emily S. Bremer, “Technical Standards Meet Administrative Law: A Teaching Guide on Incorporation by Reference,” Notre Dame Law School Scholarship, https://scholarship.law.nd.edu/law_faculty_scholarship/1406/
Elimination of Copyright Protection for Incorporated Standards. If incorporated standards were not copyrighted, agencies could freely publish their full text in the Federal Register and CFR or online. Copyright protection for incorporated materials, including standards, could be eliminated legislatively, through an amendment to the Copyright Act, or judicially, through application of the copyright doctrines discussed above. Under such a regime, would the incorporation by reference of a standard into a regulation effectuate a taking that requires compensation under the Constitution's Takings Clause? 92 How would the loss of copyright as a central feature of the SSO funding model affect the private standardization system? In the absence of a right and incentive to prevent third parties from publishing the standards, who would ensure that only accurate copies are being used for both regulatory and non-regulatory purposes? If the answer is "no one," would that threaten public safety, economic efficiency, or other values?