Opening Word document…

Perm doesn’t shield the link --- copyright protections ruin incorporation by reference.

RR 15 – a regulatory news publication.

The Regulatory Review, “Incorporating Private Standards into Public Regulations,” The Regulatory Review, 01-26-2015, https://www.theregreview.org/2015/01/26/series-incorporation-by-reference/

Incorporation by reference has been said to serve a valuable purpose. It can enable federal administrative agencies to capitalize on industry expertise by referencing standards developed by private organizations and incorporating them into government binding regulation.

The problem is that the content of these standards, although legally binding once incorporated into government rules, can remain privately copyrighted, limiting the government’s ability to publish them and hindering the public’s ability to know what the law is. If ignorance of the law excuses no one, one may well wonder: “What if the public cannot access or consult a particular law?”

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