government officials stood up for the proposition that requiring private citizens wanting to read the law must first get permission from a private party is, as John Podesta put it to me in a phone call, “batshit crazy.”
Another brief was filed by a group of noted trademark professors, and Congresswoman Lofgren and Congressman Issa filed a brief on our behalf saying that the law must be available in a democracy. Both members have served many years on the House Judiciary Committee, and Congressman Issa is the Chairman of the Subcommittee on Courts, Intellectual Property, and the Internet, which has jurisdiction over this issue. This was compelling.
In November, the plaintiffs filed their brief. They had hired a new lead attorney, the former Solicitor General of the United States, and in early December were joined by their friends. The establishment was clearly upset. The American Insurance Association and the International Trademark Association both filed briefs. The American Medical Association was joined by the American Dental Association and the American Hospital Association.
Last to file an amicus brief was the American National Standards Institute, joined by 10 other standards bodies, including the International Organization for Standardization in Geneva. Their argument was simple: We want the money. We need the money. If we don’t have the exclusive right to sell the law, we won’t be able to produce high quality safety standards.
I disagree strongly with that assertion. The standards bodies produce a huge number of standards, and only a few become the law. When something like the National Electrical Code is enacted into law in all 50 states, they issue press releases and boast about it in their annual reports. The standards bodies desperately want these documents to become the law. By doing so, they get the Gold Seal of Approval of the American People and they use it to tremendous advantage in marketing their services.
As in India, the big money isn’t in sales of standards documents. The really big money is revenue streams such as certification of products. Underwriters Laboratories, for example, which certifies consumer products such as light bulbs and washing machines, makes over $2 billion/year in certification revenue. In India, the vast majority of the Bureau’s revenues likewise come from their mandatory certification program. In addition to certification, there are handbooks, training, membership fees, and many other lucrative revenue streams.
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