This is an amazing offer from Brewster Kahle and the internet Archive. Kahle just wrote a letter to the House Subcommittee on Courts, Intellectual Property and the Internet Committee on the Judiciary stating unequivocally that they will “archive and host — for free, forever, and without restriction on access to the public — all records contained in PACER.” The “Public Access to Court Electronic Records” or PACER system is the supposedly publicly accessible system of federal court records that charges exorbitant fees to download, thus making it for all intents and purposes blocking meaningful access to federal court records. But with this letter, the whole system could become actually accessible, for free and in perpetuity!
By this submission, tile Internet Archive would like to clearly state to the Judiciary Committee, as well as to the Administrative Office of the U.S. Courts and the Judicial Conference of the United States, that we would be delighted to archive and host — for free, forever, and without restriction on access to the public — all records contained in PACER…
In order to recognize the vision of universal free access to public court records, the Federal Judiciary would essentially have to do nothing. We are experts at “crawling” online databases in an efficient and careful fashion that does not burden those systems. We are already able to comprehensively crawl PACER from a technical perspective, but the resulting fees would be astronomical. The Federal Judiciary has a Memorandum of Understanding with both the Executive Office for us Trustees and with the Government Printing Office that gives each entity no-fee access for the public benefit. The collection we would provide to the public would be far more comprehensive than the GPO’s current court opinion program- although I must laud that program for providing a digitally-authenticated collection of many opinions.
By making federal judicial dockets available in this manner, the Federal Judiciary would enable free and unlimited public access to all records that exist in PACER, finally living up to the name of the program. In today’s world, public access means access on the Internet. Public access also means that people can work with big data without having to pass a cash register for each document.
The OpenGov Foundation wrote just released their “Statement on Internet Archive Offer to Deliver Free and Perpetual Public Access to PACER” in which they said:
“The vital public information in PACER is the property of the American people. Public information, from laws to court records, should never be locked away behind paywalls, never be stashed behind arbitrary barriers and never be covered in artificial restrictions. Forcing Americans to pay hard-earned money to access public court records is no better than forcing them to pay a poll tax.
“The Internet Archive’s offer to archive and deliver unrestricted public access to PACER for free and forever is the best possible Valentine’s Day gift to the American people. The Internet Archive is proposing a cost-effective and innovative public-private partnership that will finally fix a clear injustice. There is no reason to do anything but accept this offer in a heartbeat.”