delete PART 222—PROCEEDINGS
The regulation establishes procedures for the Copyright Claims Board (CCB), a three-member tribunal within the Copyright Office created by the CASE Act to resolve small copyright claims (under $30,000) through an alternative, streamlined administrative process outside federal courts. It governs claim initiation, service of notices, electronic filing requirements, discovery procedures, and optional waiver provisions. The Board is not bound by Federal Rules of Civil Procedure or Evidence, and participation requires waiving rights to Article III court adjudication and jury trial unless the respondent opts out within 60 days of service.
This regulation expands the administrative state by creating a government-run tribunal that bypasses constitutional Article III courts, undermining the separation of powers and the right to jury trial. While proponents claim it increases access to justice for small claims, it substitutes an unaccountable bureaucratic process for traditional courts, adds compliance burdens (service agent designations, eCCB registration, per certifications), and risks regulatory capture within the Copyright Office. The voluntary opt-out provision merely means those who fail to act lose constitutional rights—a coercive trap for the unwary. Copyright enforcement can be efficiently handled through existing state courts, federal small-claims procedures, or private arbitration without creating a new federal bureaucracy. The unseen costs include further erosion of the rule of law, distorted incentives to forum-shop, and the creation of yet another permanent agency whose mission will inevitably expand beyond its original scope.