Proprietary JavaScript is a threat to all users on the Web. When
minified, the code can hide all sorts of nasty items, like spyware and
other security risks. Savvy users can protect themselves by blocking
scripts in their browser, or by installing the LibreJS browser
extension and avoiding sites that require proprietary JavaScript in
order to function. But some sites are harder to avoid than
others. This is particularly the case when the site is required for
citizens to communicate or interact with their own government. If no
free alternative means are provided, then users can be blocked from
participating in the democratic process.
The FSF long ago called on Regulations.gov to free its JavaScript,
but as of yet we have not succeeded in getting the message
through. Increasingly, protecting and promoting free software requires
interacting with government agencies, so this impediment directly
impacts the FSF's core mission. Most recently, the Copyright Office
refused our comment calling for an end to the DMCA's
anti-circumvention provisions because we would not submit it via their
proprietary interface. Kevin R. Amer, Senior Counsel for Policy and
International Affairs told us they would not accept our DMCA comment
unless we used Regulations.gov. Jacqueline C. Charlesworth, General
Counsel and Associate Register of Copyrights confirmed once we had
submitted that the submission was unacceptable. Over twelve hundred
co-signers signed-on to amplify our voice, but the proprietary
JavaScript on Regulations.gov made sure that the Copyright Office's
ears were shut.
On March 1st, 2016, the Copyright Office announced a call for comments
on an update to their technology infrastructure. We submitted a
comment urging them to institute a policy that requires all
software they develop and distribute to be free software. Further, we
also urged them to not require people to run proprietary software in
order to communicate or submit comments to them. Unfortunately, once
again, the Copyright Office requires the use of proprietary JavaScript
in order to submit the comment and they are only accepting comments
online unless a person lacks computer or Internet access. However, we
mailed a copy via the post and we are posting it publicly in the hopes
that they will read it and understand that their infrastructure is so
broken that we cannot even tell them that it is broken. At this time,
we have received no response from the Copyright Office, and once again
our comment has not been published.
The most absurd part of all this is that other government agencies,
while still using Regulations.gov, are perfectly capable of offering
alternatives to submission. At the end of 2015 we were able to submit
comments to the Department of Education via the post. Our
comments regarding the White House's Federal Source Code Policy could
be submitted via email. While we urge those agencies to provide a
simple Web form for submitting comments that does not rely on
proprietary JavaScript, the fact that they do offer other ways to
submit at least means that free software users are not completely shut
out. The Copyright Office is the only agency we have dealt with that
refuses to offer any method of submission that doesn't require
proprietary software.
The threat of proprietary JavaScript won't go away on its own. We need
your help to rid the Web of proprietary JavaScript, and to ensure that
citizens in every country can communicate freely with their own
government. Here's what you can do to help:
- Help the Free JavaScript Campaign by joining the
Free JavaScript Action Team. You can help in particular on the
issue of government mandated proprietary JavaScript by finding and
listing government run Web sites in your country that require
proprietary JavaScript and planning actions to make those sites
free.
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If you microblog, please share the following message or your own. We
strongly suggest that if you use Twitter, you do it in a way
that avoids using proprietary software:
No one should be forced to use proprietary software to
communicate with their government. @CopyrightOffice (shortened
url to blogpost)
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Consider supporting our work on proprietary JavaScript and other
kinds of government proprietary software requirements by making a
donation.