The compiled code - the listing of laws in their most-current state that we could simply call 'The Code', is actually constructed by contractors like Westlaw and LexisNexis, who maintain the technology to manage it and hire people to read PDF-formatted bills from the Council's website and manually edit sections of the law to keep it up to date.
As a result, this contractor keeps the only complete digital copy of the code.
That is, the DC government creates changesets, or diffs, of the code. The code is the master. The changesets are online and freely available. The critical technology piece of technology is a system to manage the code, like a CMS, a writable, user-friendly backend to a system like statedecoded. The critical human piece is a person who reads the bills, finds the affected sections, and applies the changes.
However, the council does not publish new versions of the 'DC Code': they only publish acts and resolutions: that is, individual changes to the law. Here's an example act, passed through the 412a emergency act. The compiled code - the result of the changes - is not actually created by the DC government directly.
The DC Code is the compilation of all laws passed by the DC Council. It includes things like gun laws, freedom of information, transportation laws, and a lot more that has daily importance in your life.
Many other states maintain their own complete code, because they have the funding to develop the proper technology and the staffing power to have a few members keep changes integrated.
There may be some who see this scenario and don't consider it to be a problem.
Yes, contractors play many roles in government, but the issue is not that the production of the code is outsourced, but that the government forfeits its storage and de-facto ownership to a company with strong incentives not to share.
There are no complete digital copies of the DC Code. If the main contractor were to lose its copy, there would be no official code in digital form. Though the contract specifies that the contractor should use backups, there's no way to confirm this and no evidence it has been confirmed. Lots of copies keep stuff safe: never have one copy.
The code is still distributed as if it is only interesting to lawyers and academics: see the expensive leather-bound editions and digital subscriptions with similar pricing. This is no longer true: advocates, bicyclists, constructino workers, policemen, and everyone else needs simple, immediate access to the law.
LexisNexis won the contract with the DC Council for 2013.
<iframe src='http://archive.org/stream/DcContractWithLexisFor2013/Foia2013-002Response?ui=embed#mode/1up' width='640px' height='430px' frameborder='0' > </iframe>Highlights:
First: copyright. DC asserts that it will retain copyright over the works:
C.5 Copyright The cumulative pocket part supplement and the pamphlet supplements to each volume, the replacement indexes, and the replacement volumes to be designated shall indicate the copyright of the District of Columbia over its content and shall be copyrighted in the name of the District of Columbia
Next: basic production. As mentioned before the Council does not work with a digital copy of the code:
as in, when they draft laws, they're creating new law-documents rather than
actually opening DCCode.doc and editing it. They create laws in Microsoft
Word and Word Perfect:
C.7.2 The Council maintains all enrolled legislation in the most current version of either Word Perfect or Microsoft Word. The Contractor may receive all legislation via electronic transfer.
Two members of the DC Council will have access to update the DC Code online:
C.2.2 ... At least 2 employees of the Council's Office of the General Counsel will have the ability to update the D.C. Official Code online at any time. ...
But the editors are of supreme importance: they are the employees of the contractor who are doing the weekly work of updating the code, and who form the vital, long-term element of this process that we would need to replicate in order to make a mirror copy:
C.8 Qualification of Editors
C.8.1
Only a person holding a law degree from an ABA accredited law school shall be allowed to serve as an editor of the text for the cumulative pocket part supplements and the replacement volumes prepared under this contract. ...
Actual website functionality is only briefly requested:
C.2.3
Users of the D.C. Official Code online will be able to search the D.C. Official Code online by specific words or phrases or section numbers, and view and print sections within chapters of the D.C. Official Code.
This is in contrast to the specification of printed material, which covers precise dimensions, paper weight, and structure.
Thankfully, there's one very promising stipulation:
C.13
Submission of Computer Tapes and Programs to the District The successful offeror, upon completion of the publication requirements of this contract, shall submit to the District government copies of all computer tapes, in the format acceptable to the District, and any other publication medium used in the preparation of the supplements and replacement volumes.