Core Policy Demands
The "Right to Archive" is not just a slogan; it entails specific legislative changes:
- Safe Harbor for Preservation: Clear legal protection for archivists who bypass DRM (Digital Rights Management) for non-commercial preservation.
- No Abandonware: If a company stops selling/supporting software, it must lapse into the public domain or an open license.
- API Access for Libraries: Platforms must provide stable APIs for certified archives to capture public data.
The Precedent
We already have legal deposit laws for books (Library of Congress gets a copy). The Right to Archive extends this obligation to the digital realm. If you build a public square, you cannot burn it down when you're done with it.
Field Notes
The "Terms of Service" Trap: Currently, most preservation is technically illegal because it violates TOS clauses like "no scraping." The Right to Archive would make such clauses unenforceable for legitimate preservation work.