A free access mandate solves barriers to access.
Rosen 16 – former Professor of Law at Georgetown University, Director of the Administrative Law and Regulatory Practice Section at the American Bar Association, J.D. from Harvard Law School.
Jeffrey A. Rosen, “Report to the House of Delegates,” American Bar Association, https://www.americanbar.org/content/dam/aba/administrative/house_of_delegates/ebook-of-resolutions-with-reports/2016_hod_annual_meeting_electronic_report_book1.pdf#page=403
RESOLVED, That the American Bar Association urges Congress to enact legislation that 2 requires the following when a federal agency proposes or issues a substantive rule of general 3 applicability that incorporates by reference any portion of a standard drafted by a private 4 organization:
(a) The agency must make the portion of the standard that the agency intends to incorporate by reference accessible, without charge, to members of the public.
(b) If the material is subject to copyright protection, the agency must obtain authorization from the copyright holder for public access to that material.
(c) The required public access must include at least online, read-only access to the incorporated portion of the standard, including availability at computer facilities in 11 government depository libraries, but it need not include access to the incorporated material in hard-copy printed form.
FURTHER RESOLVED, That the American Bar Association urges Congress to permanently authorize agencies subject to these provisions to enter into agreements with copyright holders to accomplish the access described above.