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Attacking a Pay Wall That Hides Public Court Filings (nytimes.com)

The federal judiciary has built an imposing pay wall around its court filings, charging a preposterous 10 cents a page for electronic access to what are meant to be public records. A pending lawsuit could help tear that wall down. From a report: The costs of storing and transmitting data have plunged, approaching zero. By one estimate, the actual cost of retrieving court documents, including secure storage, is about one half of one ten-thousandth of a penny per page. But the federal judiciary charges a dime a page to use its service, called Pacer (for Public Access to Court Electronic Records). The National Veterans Legal Services Program and two other nonprofit groups filed a class action in 2016 seeking to recover what they said were systemic overcharges. "Excessive Pacer fees inhibit public understanding of the courts and thwart equal access to justice, erecting a financial barrier that many ordinary citizens are unable to clear," they wrote. The suit accuses the judicial system of using the fees it charges as a kind of slush fund, spending the money to buy flat-screen televisions for jurors, to finance a study of the Mississippi court system and to send notices in bankruptcy proceedings.

30 of 158 comments (clear)

  1. Public works are bad for buisness by Revek · · Score: 5, Insightful

    This country was built on public works and institutions. Unfortunately in the past 70 years or so we have moved steadily away from this and toward the notion that everything has to make a profit to be useful. To some there is no profit that does not equal monetary profit.

    1. Re:Public works are bad for buisness by Revek · · Score: 4, Insightful

      No, I will stay here and get things fixed.

    2. Re:Public works are bad for buisness by Opportunist · · Score: 3, Insightful

      So... if I can't stand paying for the social services, public transport, public healthcare, unemployment benefits and many other social services of my country anymore, I should go to Somalia?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    3. Re:Public works are bad for buisness by Revek · · Score: 4, Insightful

      There is always someone in any crowd who will defend the status quo either because they lack the imagination to see a better way or they are frightened to take a chance on change.

    4. Re:Public works are bad for buisness by Paraselsius · · Score: 4, Interesting

      "Since the founding of our nation, many of our greatest strides—from gaining our independence to abolition of civil rights, to extending the vote for women—have been led by people of faith and started in prayer.” Donald Trump — This public service seems like a small step towards the cause of "abolition of civil rights". Maybe raise the price to a dollar a page? That way only the people that are really ''worthy' can finance legal council....

    5. Re:Public works are bad for buisness by alvinrod · · Score: 2

      Somalia isn’t a particularly good example of an anarchist (or libertarian if you want to lump it in with their beliefs) state since the turmoil there resulted from the collapse of the former communist government when the Soviet Union fell. The country is heavily divided along different lines and no group can control all of it and some parts want to splinter off.

      Everything has a cost whether politicians claim it’s “free” or not. I think the obvious solution is to allow others to host the court documents if the court feels that the expenses of being the sole provider are too great. You could use torrents for something like this and it would work well and provide excellent redundancy. The records are public anyway so it doesn’t matter if everyone has a copy.

    6. Re:Public works are bad for buisness by ShanghaiBill · · Score: 3, Informative

      No, I will stay here and get things fixed.

      Good luck. Before you try too hard to "go back to the good ole' days" when America didn't care about profit, you might want to read some history books. The Jamestown Colony was a profit seeking enterprise. We practiced plantation slavery for 350 years. There was never a time when America didn't care about profit, and "public works" at the federal level barely existed until FDR's New Deal in the 1930s.

    7. Re:Public works are bad for buisness by jythie · · Score: 2

      I've actually been seeing an increasing number of libertarians, poots, and anarchists moving to mexico because it is easier to bribe their way to freedom there.

    8. Re:Public works are bad for buisness by Darinbob · · Score: 2

      However in the past they weren't as stringently religious about the "free market can solve everything" cult we have today. Profit was always important but it was also expected that the government itself was not in the profit business, at least as an ideal.

    9. Re:Public works are bad for buisness by postbigbang · · Score: 2

      No.

      There is the common good. Sometimes income covers the cost, as is our hope. You don't have to hate money to understand that shared resources have a cost. This is where perceptions and reality part company.

      The outsourcing of government services means inevitably that a private party makes profit from that outsources, and usually required service. Somehow, government must be incapable, or have those stupid civil service-- service for life rules. This is a fallacy.

      Public utility is another area that has now been overly monetized, see the public perception of service from telcos and electric utilities. These were coops that were eventually sold and "monetized".

      Let's look at justice, which has an all too familiar axiom associated with it that money buys good lawyers, and you can spend your way out of nearly any crime or litigation-- often by making the cost of prosecution too difficult. The sense that justice is bought and paid for speaks volumes.

      There is a cost to our union, and to a combined sense of responsibilities. We try to make good uses of resources, and punish the misuse of resources. On a good day, this is called politics.

      --
      ---- Teach Peace. It's Cheaper Than War.
    10. Re:Public works are bad for buisness by JustAnotherOldGuy · · Score: 2

      The classic Republican response to any perceived criticism of any fault with "their" country" "Wah! Why don't you move somewhere else if you don't like it here!"

      Like at least one other poster has said, I'd prefer to stay here and fix what's broken.

      You're the kind of person who rents a place, trashes it, and then moves out because the place "is all fucked up", as if you weren't the one who fucked it up to begin with.

      --
      Just cruising through this digital world at 33 1/3 rpm...
    11. Re:Public works are bad for buisness by JustAnotherOldGuy · · Score: 2

      The classic Republican response to any perceived criticism of any fault with "their" country" "Wah! Why don't you move somewhere else if you don't like it!"

      Like at least one other poster has said, I'd prefer to stay here and fix what's broken.

      And Somalia? Oh yeah, the Libertarian Paradise. It's so gosh darn free over there I always wonder why libertarians don't move there. It's precisely what they claim to want- no government interference or taxes or inconvenient laws or regulations. They should all be booking tickets en masse, but oddly enough, they aren't. Hmmm.

      --
      Just cruising through this digital world at 33 1/3 rpm...
    12. Re:Public works are bad for buisness by JustAnotherOldGuy · · Score: 2

      Somalia isn’t a particularly good example of an anarchist (or libertarian if you want to lump it in with their beliefs) state

      Somalia is is a perfect example of real-world libertarianism, at least if you listen to what any of libertarians claim to want.

      It's precisely what they dream of- no government interference or taxes or inconvenient laws or regulations, and run by the super-duper common trait of "'enlightened self-interest'.

      Essentially, "We can all peacefully get along as libertarians, except ya know, I like your car and your daughter a lot so I'm just gonna take 'em and I'll shoot you if you try to stop me."

      --
      Just cruising through this digital world at 33 1/3 rpm...
  2. humans too by Anonymous Coward · · Score: 4, Insightful

    Maybe the hardware costs are a fraction of a penny per page, but there are also humans responsible for upkeeping the software and sites that these documents are retrieved from. That's not to say that 10 cents a page is not too much, but we shouldn't downplay the non-hardware costs of supporting these public documents. We're going to pay for it one way or another. Either the government funds it completely (indirect page fees via taxes) or partially (direct page fees via individual payments).

    1. Re:humans too by Anonymous Coward · · Score: 2, Insightful

      Or a combination of the two -- resources that are completely free are vulnerable to abuse in ways that nominal fees often deter.

      Nominal being the key word. I agree that 10 cents a page for digital transmission isn't the amount where it should be at. It reminds one of e-book pricing where the naive people in charge said "just use the same cost as paper".

    2. Re:humans too by Anonymous Coward · · Score: 5, Insightful

      Maybe the hardware costs are a fraction of a penny per page, but there are also humans responsible...

      Just how many times do I have to pay for stuff? My taxes paid to build it, and to pay the salaries of the people who work there. Now you want me to pay yet again to actually use it?

    3. Re:humans too by Anonymous Coward · · Score: 2, Insightful

      "resources that are completely free are vulnerable to abuse in ways that nominal fees often deter."

      yes we wouldn't want some malicious actor to be able to actually learn and understand the law. we wouldn't want some lawyer to start reducing their fee and introducing competition to the market because their cost went down. we wouldn't want someone to not take a plea bargain because their are innocent and have the resources to fight it in court. a nominal fees might help to prevent these abuses.

    4. Re:humans too by UnknowingFool · · Score: 2

      I don’t understand what the complaint about flat screens is about. If you are buying a new TV these days, getting a CRT is difficult. Now if they paid tens of thousands per TV, that’s a legitimate complaint as a few hundred should be enough. I can only assume that courts replace their CRTs or finally got TVs and someone was outraged that they got flat screens because they personally can’t afford a new flat screen.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    5. Re:humans too by Lil'wombat · · Score: 2

      You mean LexisNexis or WestLaw?

      --

      Truth: If it's not one thing, it's another

  3. Is this for the average NY Times reader? by rmdingler · · Score: 3, Funny

    By one estimate, the actual cost of retrieving court documents, including secure storage, is about one half of one ten-thousandth of a penny per page.

    Thanks for the clarifying conversion.

    One twenty-thousandth of a penny per page is an incredibly more complex fraction.

    --
    Happiness in intelligent people is the rarest thing I know.

    Ernest Hemingway

  4. Nothing at all to do with money by pablo_max · · Score: 5, Insightful

    They don't care about the costs... at all.
    They do care about controlling access to information. Every authoritative government knows that the rule number 1 is to limit the knowledge and information your subjects can access. They should only have access to government approved messages.

    1. Re:Nothing at all to do with money by AmericaRunsOnDunkin · · Score: 2

      They don't care about the costs... at all. They do care about controlling access to information. ... They should only have access to government approved messages.

      Complete fail. PACER does absolutely nothing of the sort.

      This service is built for lawyers, who can easily afford the charges (not because of personal wealth, but because the charges are passed on to clients). Moreover, information services retrieve the information in bulk and make it available to their users. PacerPro takes PACER data and makes it all available for a flat monthly fee, starting at $30 per person per month.

      Not to mention that the information on PACER is gobbledygook to most people. Without some understanding of the law, the docs won't make sense. Or worse, people will think they know what it says and completely misinterpret the result.

      So the 10 cents per page doesn't restrict information in the slightest. The info is only relevant to legal professionals, and there are plenty of ways for them to get it. And anything can be freely shared once retrieved.

      As a control of information, PACER is a complete fail. That's not what it was designed for, and not what it does. Look for your boogeymen elsewhere.

    2. Re:Nothing at all to do with money by pr0fessor · · Score: 2

      The groups complaining are nonprofit organizations that provide legal services so you are under selling the issue. It is a problem for the nonprofits providing legal services and the low income clients that are using those services.

  5. Help desk by XXongo · · Score: 2, Insightful
    Yes, the statement "about one half of one ten-thousandth of a penny per page" is preposterous.

    Maintaining a server costs money; dealing with users costs money; maintaining a user INTERFACE costs money; and the help desk that answers questions like "how do I do this search and how do I get that document" costs money.

    And, in the real world, you ARE going to need somebody to answer questions like "how do I do this" and "that function doesn't work." Even if you think the interface is self-explanatory, you are going to need it. (In fact, ESPECIALLY if you think the interface is self-explanatory).

    Really, ten cents a page might be a little high, but the number is going to be much closer to 10 cents per page than to the quoted ten cents per two hundred thousand pages.

    1. Re:Help desk by Albanach · · Score: 4, Insightful

      I'm guessing you've never actually used PACER. Nothing is self-explanatory. The interface is tiresome and unfriendly - mostly because of the need to hide results until the user agrees to pay (unless you're making a search in which case you're paying for the number of pages needed to display your results).

      Remember, the electronic docket is needed by the parties to the case. They already paid filing fees for everything they submitted. If those fees don't cover the cost of an electronic docket, maybe they need to be increased. Most filings are electronic, so there's little need for human intervention like scanning and uploading.

      I'm not going to dispute that there's a need to maintain servers and run a helpdesk. However, I'm not convinced that the $60 million/year revenue from PACER on top of the court filing fees is necessary to build a simple document search and retrieval site.

  6. The U.S. government needs FAR better management. by Futurepower(R) · · Score: 3, Insightful

    "They do care about controlling access to information. Every [authoritarian] government..."

    I'm seeing many areas in which the U.S. government is badly or insufficientlly managed.

  7. Someone has to pay by davidwr · · Score: 3

    There's the marginal cost of each additional request.

    There's the cost of keeping it up and running, which is usually based on predicted demand. If you plan for staffing and computer capacity for N1 requests a day with a peak of N2 requests per second during periods of high demand, you'll be paying for a large chuck of that whether the demand is there or not.

    There's the amortized capital cost of the initial investment. That's the cost of computers, one-time software license fees, one-time consulting fees, etc. that you pay before and during initial rollout.

    Someone has to pay for this.

    Do you have the taxpayer pay, or the user pay?

    Back in the "paper and photocopier days" many courthouses charged a fee that supposedly covered the cost of photocopying and the cost of incremental labor to make the photocopy, but the taxpayers covered the cost of keeping the courthouse open to the public, which was not small.

    In the modern era, it makes sense for the taxpayers to pay for the costs of keeping the system up and running up to a reasonable capacity, but to charge users an incremental cost, which is probably a fraction of a cent per page/per MB, plus a fraction of a cent per individual request.

    On the other hand, at some point, the cost of charging greatly exceeds the fee for service. At that point, just say "forget it, the taxpayers will absorb the entire cost."

    To prevent overtaxing the system, limit the speed at which data can be retrieved, but provide a for-fee bulk-data-access system for large law firms, data brokers, news outlets, and anyone else willing to fork over a fee to cover the costs of providing fast access to bulk data.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  8. Re:The U.S. government needs FAR better management by fustakrakich · · Score: 2

    I'm seeing many areas in which the U.S. government is badly or insufficientlly managed.

    Yeah, well, who's fault is that?

    --
    “He’s not deformed, he’s just drunk!”
  9. Re:So quick math by Anonymous Coward · · Score: 2, Informative

    In 2014, PACER collected $145 million in fees, so they served up about 1.4 *billion* pages. That's a few more than the one million pages in your scenario.

    https://www.wired.com/2016/05/...

  10. Other agencies don't charge, why the courts? by uncqual · · Score: 4, Insightful

    There are large databases maintained by many federal agencies/organizations. These include NOAA, Census Bureau and NASA. Some provide FTP access, some provide an API, and some require going through a web interface -- and some provide all three. Some of these can easily result in downloads of many gigabytes, sometimes zipped up into one custom file for your request. Yet, not one that I've run across even requires registration, let alone paying anything.

    So, why would the courts charge for access to public data that is much more central to the proper functioning of a society?

    It's like the courts really haven't gotten beyond the notion of paper archives with costly human workers digging through dusty file cabinets to retrieve the data and copy it onto dead trees. That's a little scary since these are the same organizations that are our last resort for civil and criminal justice.

    --
    Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.