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Government The Courts United States

Washington DC Made GitHub Its Official Digital Source For Laws (arstechnica.com) 66

"Recently, I found a typo in the District of Columbia's legal code and corrected it using GitHub," writes D.C. based "civic hacker" Joshua Tauberer, adding "My feat highlights the groundbreaking way the District manages its legal code." The District does something with its legal code that no other jurisdiction in the world does (to my knowledge): it publishes the law on GitHub.... This isn't a copy of the DC law. It is an authoritative source. It is where the DC Council stores the digital versions of enacted laws, and this source feeds directly into the Council's DC Code website.... This is a milestone in the advancement of open government and open legal publishing.

No one should expect that editing the law on GitHub is going to become the new normal, however. My edit wasn't substantive. This sort of "technical correction," as lawyers would call it, didn't need to be passed by the Council and signed by the Mayor. I also happen to have expertise in this particular law, GitHub, XML, and the Council's new publishing process created by the Open Law Library.... GitHub's pull-request feature isn't going to replace public hearings, expert testimony, negotiations between stakeholders, votes by elected representatives, etc. -- and it shouldn't. Yet Open Law Library's new legal publishing process is groundbreaking. The Open Law Library is changing how we change the law...

Open Law Library's mission as a nonprofit is to make all laws as open and accessible as possible. The library's strategy is to achieve openness by making openness pay off for governments: it uses open, machine-readable laws to build software tools that make codification faster and more accurate. The cool thing about this is that governments can benefit from using Open Law Library's software even if open data isn't their highest priority, but in the background they'll still be publishing their laws in an open and accessible format -- everybody wins. Today, instead of authoring the DC Code in Word documents stored on a hard drive in a locked room in a basement, the Code is now stored in XML format in a place everyone can see -- on the Web."

The article notes that 18 more states have now enacted "Uniform Electronic Legal Material Acts" -- and that several other jurisdictions are already publishing their legal codes with official bulk XML downloads. "The US federal government began publishing XML downloads for the Code of Federal Regulations in 2009 and the United States Code in 2013."

But the District of Columbia "appears to be the first jurisdiction to combine the two by putting its legal code on GitHub and accepting a change from a member of the public."
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Washington DC Made GitHub Its Official Digital Source For Laws

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  • by Anonymous Coward

    Because almost every state uses British Common Law unless you know how the courts have ruled on a particular law. You don't know whether or not the courts have invalidated the law in whole, in part, or let it stand as is.

    Also, the courts consider the legislative notes from the committee that drafted the law as to what the intent of that particular code section is.

    More useful are the annotated codebooks that have not only the law but also how the courts have ruled on the law and how settled the validity of t

    • Ah, the laws of tomorrow today!
    • by raymorris ( 2726007 ) on Sunday November 25, 2018 @11:38PM (#57699542) Journal

      Neither statutes nor court opinions are copyright Lexis Nexus or Westlaw.

      What these companies have copyright on are:

      Their formatting tags they add (copy-pasted text from them as plain text, unformatted, to avoid any problems).

      The text of their notes about relevant cases, which they have selected and summarized.

      So if Westlaw says this:
      Subsection C was limited based on fair use considerations in Jones vs Smith (2012) regarding digital libraries.

      You can NOT directly copy-paste that. You CAN write this:
      See Jones vs Smith (2012)

      Or this:
      For fair use exceptions, see Jones v Smith

      Or even put the entire text of the Jones v Smith ruling.
      You just can't copy-pasted the exact words that LN or Westlaw wrote.

      • "the U.S. Copyright Office will not register a government edict that has been issued by any state, local, or territorial government, including legislative enactments, judicial decision, administrative rulings, public ordinances, or similar types of official legal materials." U.S. Copyright Office Practices  313.6(C)(2)

        Not it explicitly says judicial decisions can not be registered for copyright. Yes I'm aware Lexis Nexus doesn't like that.

    • It feels like it should be unconstitutional

      An open records group (Public.Resources.Org) bought a copy of the annotated code of Georgia and published it online (think SciHub, but for law.) They got sued by the group that claimed to own the copyright. They took it to court, and, last month, won their court case [aclu.org] The Supreme Court may overrule the Appeals Court, but it's now at that level (and doesn't seem likely).

      From my understanding, the case hinges on the fact that the judges and lawmakers are actually

  • by hey! ( 33014 ) on Sunday November 25, 2018 @10:51PM (#57699420) Homepage Journal

    Every time somebody inserts something into a law, it should be committed with a digital certificate so we know exactly who is giving out the candy to whom.

    • "inserts something into a law, "

      That's legislation, even if it's merely DC.

      Which should, SHOULD be proposed to, and ratified by, the city council (or whatever). The public isn't inserting into law. alt least not legally.

      I suppose the council can authorize the changes to the repo. But it's not random insertions...

      • by hey! ( 33014 )

        This really applies more to Congress, where favors get anonymously slipped into bills at the last minute. But even in city laws, the bills are drafted by the city council and, for larger cities, edited by staff.

    • Blockchain based lawkeeping. Can't argue with that, because it would at least show what laws got passed/modified/repealed. Hell, Git is one small step away from being a blockchain, it just needs some crypto signatures for every commit, modification and push to the repository.

      I can't argue with this.

      • Git supports PGP signatures on commits; so yeah, it's like blockchain but with less dispute resolution built in.

        I had a job applicant farm out his code sample to an Indian contractor. I caught him because they used GitHub and the only commits that were his were merges from the contractor. Imagine having such a system show how many of our laws are written by lobbyists.

    • So the people giving the candy... and they pay more attention than the general public...

  • by Anonymous Coward

    Here's my pull request for typos, misspellings, and â(TM) fixes.

  • by Snotnose ( 212196 ) on Sunday November 25, 2018 @11:38PM (#57699540)
    VCS = Version Control System. In other words, can it track a document as it s revised, and KEEP TRACK OF WHO REVISED IT. I've wanted this in government for a good 30 years, about the time VCS's showed up. I'm so sick of hearing on the news "the added amendment..." while having no way to find out who added the amendment.
    • Comment removed based on user account deletion
    • by 93 Escort Wagon ( 326346 ) on Monday November 26, 2018 @12:42AM (#57699708)

      Yeah, it was unfortunate, but understandable, that the Founding Fathers initially went with CVS - despite John Quincy Adams’ strong advocacy for SVN.

      Regardless, it’s good to see that the city of DC, at least, has upgraded to git.

      • itâ(TM)s good to see that the city of DC, at least, has upgraded to git.

        I wish DC would tell *all* of the legislators there to GIT and stay git.

    • The tricky bit will be dealing with the 'garbage in/garbage out' problem. As a technical matter any vaguely competent VCS, ideally with cryptographic signatures(whether integral to the design or bolted on; conveniently CACs and PIVs already support signing, so a lot of fed-level IDs do signing in addition to authentication) can keep track of who changed what when; but there is no technical fix for people dumping big ugly blobs that probably represent dozens or hundreds of internal changes into the publicly
  • Is it just me who sees huge risks in putting law on someone elses computer? The git repo admins rights there are laughable compared to root - that somebody else making your nice frontend stick nicely together with backend, able to do whatever with laws therein. Cloud still needs security, some of which it can not provide, at least in this form, without end to end encription and then some. I do not suspect Microsoft going in and changing a law, but why give the chance when temptation would be there already.
    • by djinn6 ( 1868030 )

      Git (and really any DVCS) already handles this problem. Since a complete copy is always stored locally, any attempt to rewrite Git history will cause people to see unexpected merges or errors when updating their local repo. Not to mention if any of them issue a "git diff master origin/master", they would immediately see the changes. For the very paranoid, they can also add another remote repo that belongs to someone they trust, and compare it with the one on GitHub.

      Creating a Git repo is probably one of the

  • by oldgraybeard ( 2939809 ) on Monday November 26, 2018 @01:02AM (#57699754)
    All regulations and laws at all levels of government should be public domain. ATM they are not!

    Just my 2 cents ;)
  • These laws need some basic formatting and links. Markdown provides that and is much easier to use, read, understand and modify. So why are they using XML?

    My guess is that they exported the laws from word as XML because that's built-in, not caring about what to do next.

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