Legal information institutes ofthe world, meeting in Montreal, declare that:* Public legal information from all countries and international institutions is part of the common heritage of humanity. Maximising access to this information promotes justice and the rule of law;* Public legal information is digital common property and should be accessible to all on a non-profit basis and free of charge;* Organizations such as legal information institutes have the right to publish public legal information and the government bodies that create or control that information should provide access to it so that it can be published by other parties.We hear of tyrants, and those cruel ones: but, whatever we may have felt, we have never heard of any tyrant in such sort cruel, as to punish men for disobedience to laws or orders which he had kept them from the knowledge of.ABSTRACTSimplified, universal access to law is one of the important transformations worked by the digital age. With the replacement of physical by digital copies, citizens ordinarily need travel only to the nearest computer to find and read the texts that bind them. Lagging behind this development, however, has been computer access to standards developed by private standards development organizations, often under the umbrella of the American National Standards Institute (ANSI), and then converted by agency actions incorporating them by reference into legal obligations. To discover what colors the Occupational Safety and Health Administration (OSHA) requires for use in work-place caution signs, one must purchase from ANSI the standard OSHA has referenced in its regulations, at the price ANSI chooses to charge for it.The regulations governing incorporation by reference as a federal matter have not been revised since 1982, and therefore do not address the changes the digital age has brought about in what it means for incorporated matter to be reasonably available, as 5 U.S.C. § 552(a)(1) requires. This Article seeks to bridge that gap, suggesting a variety of approaches that might bring the use of incorporation by reference into conformity with modem rulemaking practices and respect the general proposition that documents stating citizens' legal obligations are not subject to copyright, while at the same time both honoring clear federal statutory policy favoring the use of privately developed standards in rulemaking and respecting the needs standards organizations have to find reasonable means to support the costs of their operations. Business models created in the age of print need to change; the challenge is to find ways to permit the market in privately developed voluntary standards to thrive, without thereby permitting the monopoly pricing of access to governing law.Introduction 499A. Voluntary Consensus Standards 499B. Their Occasional Conversion Into Legal Obligations 502C. And Hence the Problem to Be Discussed 507I. The Uncertain State of the Caselaw on the Copyrightability of Standards That Have Been Converted into Law 511n. Federal Regulation of Incorporation by Reference 518A. The Office of the Federal Register 518B. Copyright Preservation as Affirmative Federal Policy? Congress, the NTTAA, the NIST, and the OMB 524C. Possibilities of Change: An Administrative Conference Study, Rulemaking Proposal, and Reconsideration of OMB Circular A-119 529HI. Can the Public Have its Access-to-Law Cake and Standards Developers Eat Revenue from Standards Sales Too? 537A. Proposed Rulemaking and Digital Rights Management 537B. Standards Developed in the Expectation of Incorporation 543C. Standards Developed Independently of Any Expectation of Their Incorporation 546D. Must Incorporation by Reference Create Legal Obligations? 549IV. Changing Part 51 555Conclusion 559IntroductionA. Voluntary Consensus StandardsThis Article addresses the public/private confusions over standards developing organizations' work. …