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It doesn't need to be a law passed by Congress. Congress need only pass a law authorizing the USPTO (or FTC, or FCC, or whoever) to promulgate a system that fac
by elliekelly 6y ago
It doesn't need to be a law passed by Congress. Congress need only pass a law authorizing the USPTO (or FTC, or FCC, or whoever) to promulgate a system that facilitates DMCA compliance while disincentivizing its abuse. Then the USPTO would set the rules and parameters and oversee compliance.
That's how most modern regulations are written.
- mr_spothawk 6y ago> It doesn't need to be a law passed by Congress. Then why should I (or anybody) be expected to follow it? And before you say "modern regulations" I'll point out that my position generally is that regulations instead of law are how we've gotten so deranged in the first place. Also, the money is fucked.
- gmanley 6y agoSame reason you follow rules set by the FCC and don't create your own pirate radio. They have there own enforcement.
- mr_spothawk 6y agoEh... i don't have a pirate radio because i'm lazy, not because i'm afraid.
- salawat 6y agoI'd say that does an end run around the process the Founders put in place for good reason. It was not specified in the Constitution that the Congress shall delegate the finer details of lawmaking to the Executive Branch in the form of Administrative Law. It said that legislative power is wielded specifically by the Congress. Given that judicial review takes as an input the intent Oof the Congress, it seems daft to leave the intent to question by not having the details worked out by the legislature. This has the practical upshot in disincentivizing unnecessary or frivolous lawmaking to boot. If instead of spending time trying to jam in notionary laws into an omnibus bill somewhere, a legislator had to come to terms with the how, not just the what, I'd wager we'd over time start to see a far morecohesive legal landscape begin to take shape.