[OPLIN 4cast] OPLIN 4cast #488: PACER problems

Wed May 4 10:30:03 EDT 2016

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OPLIN 4cast #488: PACER problems
May 4th, 2016

[image: gavel] Although libraries provide free access to a great deal of
information about the workings of our government, access to some
information is easier than others. Information about legal proceedings can
often be tough to find. For that purpose, the federal government operates
the Public Access to Court Records Electronic System, otherwise known as
PACER. Sounds good, right? Well, according to a recent lawsuit, PACER may
have broken the law. The merciless reaction from journalists - frequent
users of PACER - demonstrates the value of making sure people get *easy*
access to public information.
- Lawsuit accuses PACER of milking the public for cash in exchange for
access
<http://arstechnica.com/tech-policy/2016/04/lawsuit-accuses-pacer-of-milking-the-public-for-cash-in-exchange-for-access/>
(Ars Technica | David Kravets) "The cost for access is 10 cents per page
and up to $3 a document. Judicial opinions are free. This isn't likely to
break the bank for some, but to others it adds up and can preclude access
to public records. The National Consumer Law Center, the Alliance for
Justice, and the National Veterans Legal Services Program also claim in the
lawsuit that these fees are illegal because the government is charging more
than necessary to keep the PACER system <https://www.pacer.gov/> afloat (as
is required by Congress). The groups cite the E-Government Act of 2002,
which authorizes PACER fees necessary 'to reimburse expenses in providing
these services.' The suit says that millions of dollars in PACER online
access fees have been diverted to other courthouse projects instead."
- Yes, PACER stinks ... but is it also overcharging its customers?
<https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/01/09/yes-pacer-stinks-but-is-it-also-overcharging-its-customers/>
(The Washington Post | David Post) "Registration and login procedures are
cumbersome, the interface is dreadful, and searching is truly
state-of-the-art, circa 1995, relying, as it does, on an incomprehensible
series of indexing conventions. [You can get a taste of this by using the
free "training sessions,' available here
<https://www.pacer.gov/announcements/general/train.html>.] It is also quite
expensive to use. The system charges $0.10 per HTML page for all documents
retrieved by a search - a charge that would perhaps make sense if this were
a photocopying machine, but is pretty outrageous for the display of an
electronic file."
- Nonprofits claim PACER fees are too high
<http://www.courthousenews.com/2016/04/22/nonprofits-claim-pacer-fees-are-too-high.htm>
(Courthouse News Service | Tim Ryan) "In one example, the PACER Service
Center sued a single mother of two, claiming she owed more than $30,000 in
PACER fees. She admitted printing no more than $80 worth of pages, and said
she could not have owned enough paper and ink to print the 380,000 pages
needed to rack up such a bill, the class claims in the 15-page lawsuit
filed Thursday. 'The problem here is that first of all, it's unlawful to
charge people for access to these records and then use that money for
completely different purposes where the fees are not tied to the actual
cost of running the system,' said Deepak Gupta, the Washington attorney who
represents the class. 'The second problem is that it's bad policy. It's
sort of a regressive tax on information, if you will.'"
- Lawsuit filed over PACER fees
<https://www.techdirt.com/articles/20160422/14233834250/lawsuit-filed-over-pacer-fees.shtml>
(Techdirt | Mike Masnick) "It's good that the court system is investing in
technology, but it should (1) do so within the law and (2) figure out a way
to make PACER information free to the general public already. These
documents are critical for the public to understand the judicial system
that impacts them on a daily basis. There have been many suggestions for
better ways to do this, including making the filing fees for lawyers higher
(with exemptions for plaintiffs without means to pay for such lawsuits).
You could easily cover the cost of PACER with slightly higher filing fees
for corporate plaintiffs, and then still make the overall PACER system
better and faster."

*Articles from Ohio Web Library <http://ohioweblibrary.org>:*

   - With liberty and free court documents for all.
   <http://search.ebscohost.com.proxy.oplin.org/login.aspx?direct=true&db=buh&AN=45567479>
   (*Information Today*, Nov. 2009, p.19 | Steven M. Cohen)
   - U.S. agencies pay millions for public docs.
   <http://search.ebscohost.com.proxy.oplin.org/login.aspx?direct=true&db=buh&AN=48722433>
   (*Information Management Journal*, Mar./Apr. 2010, p.16)
   - Tear down this paywall.
   <http://search.ebscohost.com.proxy.oplin.org/login.aspx?direct=true&db=f5h&AN=74648763>
   (*Reason*, June 2012, p.18-19 | Greg Beato)

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