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United States Politics

Bill To Tear Down Federal Courts' Paywall Gains Momentum in Congress (arstechnica.com) 82

The House Judiciary Committee on Tuesday unanimously approved the Open Courts Act -- legislation to overhaul PACER, the federal courts' system for accessing public documents. The proposal would guarantee free public access to judicial documents, ending the current practice of charging 10 cents per page for many documents -- as well as search results. From a report: The bill must still be passed by the full House and the Senate and signed by the president. With Election Day just seven weeks away, the act is unlikely to become law during this session of Congress. Still, the vote is significant because it indicates the breadth of congressional support for tearing down the PACER paywall. The legislation is co-sponsored by Rep. Doug Collins (R-Ga.), whose bill we covered in 2018, and a fellow Georgian, Democrat Hank Johnson. Prior to Tuesday's vote of the House Judiciary Committee, the bill received a strong endorsement from Chairman Jerrold Nadler (D-N.Y.). "It is indefensible that the public must pay fees, and unjustifiably high fees at that, to know what is happening in their own courts," Nadler said.
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Bill To Tear Down Federal Courts' Paywall Gains Momentum in Congress

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  • Good (Score:5, Insightful)

    by Anubis IV ( 1279820 ) on Friday September 18, 2020 @09:55AM (#60518680)

    The notion that the laws and rules that govern a land might be inaccessible to its people is abhorrent. You cannot follow, challenge, consent to, or disagree with that which you do not know.

    • They were accessible. There was always a cost for access. At 10 cents per paper copy that was somewhat understandable for printing costs. Digital copies should cost less.
    • Another abhorrent concept is sealing the court documents, especially when they would just embarrass or disclose wrongdoing by a company or an individual - especially when they conceal vital information about dangerous products.
    • Reading through the posts here, some defend the costs imposed based on the need to fund the infrastructure to search, index, and maintain the Pacer system.

      I'd argue that our taxes largely already fund this, as it is necessary for the government to have access to the information as well. I'd be interested in seeing documents about funding sources and costs.

      Personally, I wouldn't necessarily need or want full access to all of the data, but any decision should be available to the public, (much as the Supreme

      • by Reziac ( 43301 ) *

        Ten cents a page is basically the cost for paper and printer. That seems reasonable for paper copies, and the cost can be significant. This cost would now be shunted to all taxpayers, and promptly abused by those using the service.

        For electronic copies (where you can eat your own printing costs) -- that's a different story, as the bandwidth is not significant against the government's everyday use and does not incur significant additional costs to the taxpayer.

    • by eddeye ( 85134 )

      Fair enough, but there's no law in PACER.

      PACER is for district courts, which don't create binding precedent. Appellate courts do that, and their decisions are published through other channels. Findlaw [findlaw.com] is a free resource covering all federal and many state courts. Also see the excellent Legal Information Institute [cornell.edu] for US statutes, regulations, and other sources of law.

      PACER is filled with trial court decisions. Lots of exhibits of evidence submitted during trial. Lots of motions filed during litig

    • I'm just saving my strength for the Doxxing orgy. I'm not as young as I used to be.

  • good (Score:4, Insightful)

    by nomadic ( 141991 ) <nomadicworld@ g m a i l . com> on Friday September 18, 2020 @10:07AM (#60518730) Homepage

    This was all part of a decades-long right-wing push to "run government like a business" and I'm glad to see it going away (especially since I use PACER and those charges can add up quickly).

    • Non-transparency efforts are present on both sides of the aisle.
    • by imidan ( 559239 )

      I thought cost-recovery fees were a reasonable proposal, at least at one time. When servicing an information request caused government staff many hours of collating and duplicating documents, there was a good reason to encourage people making those requests to think twice about the volume of information they asked for. But a few things happened. One, with systems like PACER, there is no added labor or cost to the government to service requests; it's all done automatically on line without any employee's invo

  • Comment removed based on user account deletion
    • Systems like this are in place to prevent the cleansing light of day from ever scorching the guilty

      It's law. If anything, the cleansing light of day would just cause the sausage to start spoiling before it cures.

  • News for nerds. Stuff that matters.

    Wait, is that even a thing here anymore? I can't see it anywhere.

    • So a change to the way we access what happens in our courts doesn't matter, in your opinion?
    • I mean. Archives are an interesting topic for a nerd and archival technology has evolved over time. From archival paper to digital strategies based on ISO standards used by the National Archives.

      How would you preserve data for 100 years? 500 years? 1000 years? There are some serious technical problems with any median you choose.

      Also, it's law stuff and that is a technical field on its own right.

      Huzzah.

    • by Anonymous Coward
      If issues of concern to the EFF and Cory Doctorow are not "news for nerds" then what is? If you're looking for reviews of the GTX 3080 there are plenty of sites for that.
  • by wakeboarder ( 2695839 ) on Friday September 18, 2020 @10:30AM (#60518826)

    The cost of storing and retrieving documents is dropped significantly over the years. We don't need to pay just to pull up a document, if we do then the fees should be minimal

  • My legal fees get cheaper right? ........right?

  • The Texas State Judiciary Committee is trying to follow the Federal PACER idea of 10-cents per page with a $6 a document maximum for their re:searchTX project. It's a huge money maker for the state courts and the lawyers who already make tons of money won't get too affected by it so it will only hurt the normal middle and lower class people who choose to represent themselves Pro Se but won't hurt the poorest of them all since they hardly every even know what to do anyway and they are allowed to get these f

    • by indytx ( 825419 )

      The Texas State Judiciary Committee is trying to follow the Federal PACER idea of 10-cents per page with a $6 a document maximum for their re:searchTX project. It's a huge money maker for the state courts and the lawyers who already make tons of money won't get too affected by it so it will only hurt the normal middle and lower class people who choose to represent themselves Pro Se but won't hurt the poorest of them all since they hardly every even know what to do anyway and they are allowed to get these fees waived.

      You are confusing two different sides of the same coin. PACER has two components. One is for filing documents into a case, and one is for looking up case information. The two systems access the same information, but a random person cannot simply signon to PACER and file into a pleading. The $.10/page charge arises when people want to search cases in which they are not participants. Congress is considering changing the fee structure for the general public to access PACER documents, not for litigants filing i

  • Here is the actual bill: https://www.congress.gov/bill/... [congress.gov]

    It seems to be more about modernizing and consolidating PACER into a central system instead of the present fragmented one, getting the cases loaded in a timely fashion (5 days instead of the pressent over 90), and providing free access to the public.

    My suspicions:
    I don't know what they mean by "All documents on the system shall be available to the public and to parties before the court free of charge. "
    Does that include all the data-scraper companies

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