Here’s some solid research by the Free Law Project about Public Access to Court Electronic Records (PACER). Amazing how much revenue PACER makes each year. That’s a TON of pages downloaded by users of public domain legal information! And they’ve got some ideas for developing a solution to this problem.
In total, that’s $1.2B that PACER has brought in over 21 years, with an average revenue of $60.7M per year. The average for the last five years is more than twice that — $135.2M/year.1 These are remarkable numbers and they point to one of two conclusions. Either PACER is creating a surplus — which is illegal according to the E-Government Act — or PACER is costing $135M/year to run.
Whichever the case, it’s clear that something has gone terribly wrong. If the justice system is turning a profit selling public domain legal documents through its public access system, that’s wrong. If the judicial branch needs $60M/year to run a basic website, that’s gross waste, and that’s wrong too.
Something needs to be done to rein in PACER, and again we ask that public citizens, Congress, journalists, and the courts work to develop a solution.
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