[HN Gopher] "Free PACER" bill advances through Senate judiciary ...
       ___________________________________________________________________
        
       "Free PACER" bill advances through Senate judiciary unanimously
        
       Author : walterbell
       Score  : 341 points
       Date   : 2021-12-09 16:56 UTC (6 hours ago)
        
 (HTM) web link (fixthecourt.com)
 (TXT) w3m dump (fixthecourt.com)
        
       | inoffensivename wrote:
       | PACER is a wonderful tool, but the current website is Byzantine.
       | I'm very happy that it's getting some much-needed attention.
        
         | Shicholas wrote:
         | how is PACER wonderful? charging exorbitant fees to access the
         | laws that govern me is a complete racket.
        
           | [deleted]
        
           | inoffensivename wrote:
           | Well, the fees aren't wonderful, but the information you can
           | get out of it is excellent. I grew up in not-America, where
           | access to court records is even more difficult and expensive
           | (e.g. have to have a lawyer do it for you).
           | 
           | I didn't know that Free PACER was a thing, but I'm happy that
           | it is!
        
         | sgent wrote:
         | It is, and its 100% funded by the fees they charge attorney's
         | and others to access the documents. The amount of fees and use
         | of them is somewhat ridiculous currently, but if they remove
         | the fees without setting up an ongoing funding source I'm
         | afraid it will stagnate like many state court systems.
        
       | busymom0 wrote:
       | As someone who's gotten into reading law related stuff, this is
       | amazing news.
        
       | romanzubenko wrote:
       | This is great news. I had to implement PACER integration back in
       | my days at Gusto for compliance and the pricing among many other
       | things was very annoying to work with. The pricing is based on
       | "number of pages" returned, which means that when you submit a
       | query you don't know exactly how it will cost you ahead of time.
        
         | ianhawes wrote:
         | That's the best part of PACER!
         | 
         | The other exciting thing is the threatening letter you get from
         | the government when they can't charge your expired credit card
         | for $9 and threaten to withhold that amount from your tax
         | return if you don't pay the balance.
        
           | romanzubenko wrote:
           | The best part was for us was that after wrangling with their
           | native API, we decided to go with one of the private
           | companies that provide sane API wrapper on top of PACER. It's
           | kinda crazy that there is a small industry of companies who
           | make government api better. You can see some of these
           | services by googling "bankruptcy monitoring".
        
             | Isthatablackgsd wrote:
             | Same for public sector procurement (Request for
             | Qualification/Proposal) portals. All the portals are
             | annoying because there are 50 of them, and each of the
             | portal have their way of navigation and filters. So, it
             | become PITA to remember every portal tendency. There is a
             | private website that offer a meta indexer service (with
             | filters) that scrapped every single bit of procurement
             | portal contents as for a fee monthly. I forgot the name of
             | the site in the top of my head. It is worth the paid
             | service for procurement.
        
         | [deleted]
        
       | the_optimist wrote:
       | PACER explored new boundaries in regulatory capture "from the
       | inside." It is now all too obvious a trend to have taxpayers fund
       | and mandate the development of an institution, then subsequently
       | build a sinecure upon its rental to those same taxpayers. This
       | kind of triple-dipping is grotesque, and never should have been
       | allowed in the first place.
        
       | toomuchtodo wrote:
       | Hats off to the Free Law Project for championing this. Success is
       | possible.
       | 
       | https://news.ycombinator.com/item?id=24086570
       | 
       | https://news.ycombinator.com/item?id=24085158
        
       | AlbertCory wrote:
       | For reference: [1] shows the currently-free RECAP ("PACER"
       | spelled backwards) listing for the Elizabeth Holmes / Theranos
       | trial.
       | 
       | The way this works is: you install a Chrome extension which
       | automatically uploads anything you get from PACER into a free
       | archive.
       | 
       | How are they funded? I expect they're a 501(c)(3). So it's not a
       | question of whether PACER can be free; it already is, partially.
       | 
       | As for patents: Google used to host all the patent files for
       | free, and then someone complained that that gave them an unfair
       | advantage (note: but what???), so now someone else hosts them for
       | free.
       | 
       | So I don't think finding the funding is really much of an issue
       | nowadays.
       | 
       | [1] https://www.courtlistener.com/docket/7185174/united-
       | states-v...
        
         | kragen wrote:
         | The unfair advantage, I suspect, may have been that Google
         | could look to see which patents were popular, or which ones
         | were popular at a particular company, or which ones were
         | becoming popular at a particular university. They already have
         | that unfair advantage when it comes to search traffic, but
         | reading a patent can expose you to treble damages for willful
         | infringement.
        
       | smg wrote:
       | Does this mean that all the documents (emails from tech
       | executives) that are part of the evidence for a court case will
       | be publicly available?
        
         | kingcharles wrote:
         | They are already publicly available. You can access up to,
         | IIRC, $30 worth of PACER for free each month. I know my access
         | usually comes under the free boundary.
         | 
         | But as poster below mentions, it depends on how the documents
         | exist. There are two types of documents in a court case: common
         | law record and discovery.
         | 
         | Discovery = evidence kept by both sides, but not held by the
         | court. This includes written documents, audio/video recordings,
         | but also the transcripts of any depositions that have been
         | taken of important people in the law suit. (A deposition is
         | where you sit down with a person and question them under oath
         | outside of the court room)
         | 
         | Common law record = anything that is said in court, or filed in
         | court.
         | 
         | Most discovery never makes it into a court room. It is just
         | shuffled back and forth between the plaintiff and defendant.
         | 
         | Now, when it comes time to file a motion (let's say one of the
         | parties tries to get the case dismissed) then it will usually
         | be necessary to attach some documents as exhibits to the motion
         | to clarify the point you are making to the judge. At that
         | point, those documents will make it into the public record and
         | will be in PACER.
         | 
         | Even if something isn't filed in court, if the court case is
         | USA v. TechBro, for instance, then as the USA is a governmental
         | entity it is subject to FOIA and you can often get a copy of
         | all the discovery that way. I often use FOIA just to avoid
         | PACER fees.
        
         | pwned1 wrote:
         | No, generally evidence is not filed as part of a docket. PACER
         | only includes court filings such as the complaint, answer,
         | motions, orders, etc.
        
           | granzymes wrote:
           | And quotations from evidence produced during discovery are
           | often redacted from those filings.
        
       | mminer237 wrote:
       | Giving the article contenteditable=true is certainly...a choice,
       | especially because that makes the links unclickable.
        
         | smegsicle wrote:
         | Ha! a mockup mode they forgot to turn off, right? it doesn't
         | seem to be on other pages.
         | 
         | Note that links are still right-clickable, took me a second to
         | try that.
        
         | blendergeek wrote:
         | It looks fixed now.
        
         | gibolt wrote:
         | Probably done by the editor, and forgot to disable it when
         | shipping to prod -\\_(tsu)_/-
        
       | kevinsundar wrote:
       | > The CBO's cost Dec. 2020 estimate to build the new system was
       | in the mid-two-digit millions, though given the fees that the AO
       | is collecting from power users and agencies, the appropriation
       | would more likely need to be in the single-digit millions, at
       | most.
       | 
       | What? Double digit millions for a CRUD app for public
       | information?
        
         | nojito wrote:
         | Because the scale of PACER is absolutely insane.
        
           | throwawaygh wrote:
           | _> Because the scale of PACER is absolutely insane. _
           | 
           | ...is it, though? It 's fucking 2021. Interns play with
           | petabytes. Literally.
           | 
           | CRUD on massive datasets is not a hard problem anymore. Or,
           | at least, isn't eight digits and 10 years hard.
        
             | recursive wrote:
             | > Interns play with petabytes. Literally.
             | 
             | Most interns don't. Most industry veterans don't either.
        
               | throwawaygh wrote:
               | Most interns and industry veterans don't write wordpress
               | plugins either ;-)
               | 
               | The point is that you can learn enough of the basics to
               | do useful things in 3 months with minimal prior
               | experience.
               | 
               | Working with petabytes of data isn't a "hard" problem
               | like it was 10 years ago. IDK how large PACER is, and I'm
               | not suggesting that an intern could implement a new
               | system, but $x0,000,000 and a decade of lead time is at
               | least an order of magnitude off.
        
       | TheCraiggers wrote:
       | This sounds awesome! Now here's hoping they might do the same for
       | the tax system someday. If only Intuit could stop lobbying to
       | keep it a horrible train wreck.
        
         | toomuchtodo wrote:
         | Call your representatives. Share your concerns. In volume, it
         | moves the needle.
        
           | jessaustin wrote:
           | Has the tax system ever become less of a trainwreck? I'm not
           | an expert, but the trainwreckedness seems to monotonically
           | increase. On multiple occasions in the past, significant
           | numbers of voters have contacted their representatives to
           | discuss just this topic. Why didn't voicing their concerns
           | work on those occasions, and why will it be different this
           | time around?
        
             | rrrrrrrrrrrryan wrote:
             | Yeah, Reagan drastically simplified the tax code in 1986 by
             | eliminating a ton of deductions and expanding the standard
             | deduction. [1]
             | 
             | (It also lowered the top tax rate from 50% to 28%, and
             | raised the bottom tax rate from 11% to 15%, so it wasn't a
             | complete win).
             | 
             | For all its faults, the Trump admin also nearly doubled [2]
             | the standard deduction in 2017, which hugely simplifies
             | taxes for the people who choose to use it.
             | 
             | From Wikipedia:
             | 
             | > The standard deduction nearly doubles, from $12,700 to
             | $24,000 for married couples. For single filers, the
             | standard deduction will increase from $6,350 to $12,000.
             | About 70% of families choose the standard deduction rather
             | than itemized deductions; this could rise to over 84% if
             | doubled.
             | 
             | Much of the information that TurboTax asks for is just help
             | you figure out _whether or not_ to choose the standard
             | deduction. (At least that 's what Intuit claims, but if you
             | don't opt-out of the data sharing agreement, they get to
             | have an absolute field day with all the financial data
             | you've given them).
             | 
             | But if you choose the standard deduction, the logic is
             | usually quite simple, and you don't need massively complex
             | software to help you.
             | 
             | [1] https://www.britannica.com/topic/Tax-Reform-Act
             | 
             | [2] https://www.investopedia.com/taxes/trumps-tax-reform-
             | plan-ex...
        
               | jessaustin wrote:
               | _But if you choose the standard deduction, the logic is
               | usually quite simple, and you don 't need massively
               | complex software to help you._
               | 
               | This is true. Since the turbotax web form seems to help
               | many taxpayers (the other possibility is that it's all
               | SEO?), it might be nice if IRS ran an analogous web form
               | in addition to what they do now.
        
           | TheCraiggers wrote:
           | You're right. I haven't done that in awhile. Thank you for
           | the reminder.
        
       | ncphil wrote:
       | PACER should have been free from the beginning. Gatekeeping legal
       | information for profit (even if only used to supplement
       | appropriations) isn't only a problem at the federal level. In
       | many states you need a commercial subscription to even read court
       | opinions and statutes, let alone search. Localities in most
       | places rely on commercial publishers to archive the text of
       | ordinances, which only those with ridiculously expensive
       | subscriptions can access. The digitization of everything had just
       | begun when I retired, but the handwriting was already on the
       | wall. The contrast with the widespread availability of technical
       | doc is staggering: and reminds me of why I changed careers.
        
         | cwkoss wrote:
         | A similar injustice is that many building codes are privately
         | copyrighted AND enforced by law.
        
           | criddell wrote:
           | They are privately copyrighted because those organizations
           | research and develop the codes which is a significant
           | expense.
           | 
           | Since it's unlikely that taxpayers will accept paying for all
           | of this stuff, the likely outcome is that specific code
           | references will be removed from the law and replaced with an
           | insurance requirement. And insurers are going to require the
           | ferris wheel or elevator or boiler to comply with the same
           | code that used to be in the law.
        
             | cwkoss wrote:
             | Forcing people to buy privately owned IP to comply with the
             | law is effectively a tax. Taxpayers are still paying - it's
             | just political money laundering.
        
               | gowld wrote:
               | It's a user fee, which is reasonable way to tax non-
               | basic-needs.
        
               | jimktrains2 wrote:
               | There should be no user-fee on being able to know the
               | law. That's the point, not that non-governmental
               | organizations shouldn't be compensated if their work is
               | used, required, or referenced by a law.
        
               | my123 wrote:
               | Being able to access to the law itself is a basic need.
        
             | gambiting wrote:
             | I honestly feel like America is on a different planet
             | sometimes. If it's required by law, then it should be free
             | to read. What do you mean organizations research and
             | develop codes at an expense? What organisations? Anyone
             | other than the government is in charge of setting up the
             | law? That doesn't ring any alarm bells there?
        
               | colejohnson66 wrote:
               | Organizations such as everyone that works on standards at
               | ISO, IEEE, etc. Should they be free to read? Yes! How am
               | I supposed to comply with a law I can read, but can't
               | follow? But the government doesn't need to do everything.
               | In fact, quite a few laws defer to "best industry
               | practices".
        
               | gambiting wrote:
               | Of course, but these organisations, even if private
               | entities, will be paid by the government to conduct
               | research and offer best practices and advice, so if the
               | taxpayer is already paying for it....then it should be
               | free to read - OP made it sound as if private
               | organisations conducted research out of their own good
               | will and therefore it was justified to charge the public
               | for it.....which is fine, but not if the rules become
               | law!
        
               | criddell wrote:
               | Today the government usually doesn't pay them. They fund
               | themselves by selling paper and electronic copies of the
               | code. The idea is that if you are designing some type of
               | equipment, then you should help pay for the development
               | of the code governing that equipment.
               | 
               | It maybe makes sense for esoteric things but not at all
               | for common things (like the building and electrical codes
               | covering all houses.
               | 
               | Edit: Sometimes private organizations did write the codes
               | for their members and later the government notices that's
               | what everybody is using and it's working, so make it the
               | law of the land.
        
               | fl0wenol wrote:
               | It's frustrating that the government doesn't step in to
               | pay/fund on behalf of the public in situations like that.
               | Standards organizations should want such a guaranteed
               | income stream.
        
               | criddell wrote:
               | > If it's required by law, then it should be free to
               | read.
               | 
               | Nobody really disagrees with that. Most of the codes are
               | available in paper form in libraries.
               | 
               | Organizations like the ASME (https://www.asme.org/) write
               | the codes and they do a pretty good job.
        
               | monocasa wrote:
               | Right? This idea literally goes back to the Code of
               | Hammurabi.
        
               | omegaworks wrote:
               | >I honestly feel like America is on a different planet
               | sometimes.
               | 
               | "America" is a loosely-coupled minimum-viable veneer over
               | private capital. As built, extraction and concentration
               | of value is the primary purpose of the system. The roots
               | of this settler-colony are still visible.
        
             | throwaway984393 wrote:
             | You're being downvoted because people just want everything
             | to be free without ever paying for it or doing any work to
             | achieve it. They're the same people who expect politicians
             | to fix everything for them, rather than us having to
             | personally get involved in solving societal problems.
        
             | MAGZine wrote:
             | The supreme court recently upheld that people are legally
             | allowed to know the laws that govern them without paying.
             | 
             | https://www.supremecourt.gov/opinions/19pdf/18-1150_7m58.pd
             | f
             | 
             | Only on hackernews would you read a comment saying that its
             | fine for some corporation to hold the copyright on the law
             | of the land.
        
               | criddell wrote:
               | I didn't say it's fine and in another comment I added
               | that nobody disagrees that codes referenced by laws
               | should be freely available, but the organizations making
               | those codes do need to be compensated.
               | 
               | How happy would you be if you were an engineer who
               | developed a set of equations around some dangerous piece
               | of equipment and your consulting business was built
               | around selling your expertise. Then the state government
               | comes along and says "nice work, now it's the law".
               | 
               | I don't know how you get around the insurance backdoor
               | that I mentioned. Any ideas?
               | 
               | Edit: Looking at the link you posted, that seems to be
               | specifically about annotations to the law. How does it
               | cover codes incorporated by reference? It might be right
               | there and I'm not seeing it. I'm not used to reading
               | these types of materials.
        
               | shawnz wrote:
               | > How happy would you be if you were an engineer who
               | developed a set of equations ... Then the state
               | government comes along and says "nice work, now it's the
               | law".
               | 
               | Personally, I'd be ecstatic if my work could have such a
               | wide reaching impact as that
        
               | criddell wrote:
               | I get that, but surely you understand how others might be
               | upset at effectively losing the copyright on their work.
        
               | alasdair_ wrote:
               | You can't copyright equations to begin with so this
               | wouldn't be an issue.
        
               | elliekelly wrote:
               | The organizations don't write model code because they
               | want to own the copyright they write model code so they,
               | an unelected entity, can exercise an inordinate amount of
               | power over legislation and draft regulations that further
               | the business interests and line the pockets of their
               | members.
               | 
               | Even without copyright protection the special interest
               | groups will continue writing model code exactly as they
               | were except that member corps might have to kick in a bit
               | more money now that ordinary citizens won't be
               | subsidizing their efforts to manipulate the democratic
               | process.
        
               | sgent wrote:
               | That was a very fact specific case that ruled that the GA
               | legislature's copyright on the GA code was invalid. It's
               | a stretch to expand that to something like the National
               | Electrical Code or International Building Code since
               | those copyrights are not owned by a legislature.
        
               | kingcharles wrote:
               | Thank you for that. I hadn't seen that case before. I
               | sued the State here in Illinois a couple of years ago
               | because I tried to FOIA some statutes and was rejected
               | under the copyright exemption. The State even had their
               | database admin come to testify that they paid thousands
               | of dollars a month to LexisNexis. I cited all the
               | previous district court and appellate rulings (from other
               | circuits), but ultimately lost.
        
             | fibers wrote:
             | The same can be said about research colleges being
             | backstopped by the taxpayer and having their research being
             | paywalled by JSTOR. Are you willing to make the argument
             | that all of this stuff should be paywalled?
        
             | LorenPechtel wrote:
             | I don't care. The law should be free, period. Cheaper to
             | pay once through the legislature than to put a paywall on
             | it.
        
               | criddell wrote:
               | Cheaper for some, more expensive for others.
               | 
               | Even though you aren't likely to build a petroleum
               | distillation column in your apartment, you don't mind
               | helping to pay for the ongoing R&D involved in producing
               | the engineering codes governing that equipment? For
               | esoteric stuff like that, I kind of like the user-fee
               | model. If we all pay, it feels like another subsidy to
               | (in this case) oil and gas companies.
        
             | duped wrote:
             | The taxpayers are already paying for this.
        
               | criddell wrote:
               | Are you thinking of one code in particular? I'm sure
               | there are some that came out of academia and those likely
               | are freely available.
        
           | hyperbovine wrote:
           | If you start dabbling in DIY remodeling you'll soon find
           | yourself trying understand parts of the national electrical
           | and plumbing codes. They actually remind me a lot of reading
           | the C++XX standards--clearly the product of a ton of time and
           | effort by a bunch really smart and experienced people.
           | There's no way in hell an elected body could/should ever
           | wrote those. So, while I'm not saying that the current system
           | is ideal or even fair, there's absolutely a need to
           | compensate somebody to write and maintain these standards.
        
         | reaperducer wrote:
         | It's getting even worse than that. In some cities and counties,
         | you have to pay to read real estate records online. Public
         | documents that were free just a few years ago are now behind
         | paywalls. Even though my tax dollars paid for these systems
         | that were supposed to make the public documents public.
         | 
         | Want to read it for free? Come on down to the courthouse, fill
         | out a paper form, and we'll find the right book for you. Also
         | for a fee.
         | 
         | See also: GIS systems.
        
           | Infernal wrote:
           | Yup. And then charge you a dollar a page to make copies.
        
         | CobrastanJorji wrote:
         | Technical docs are better but far from perfect. For example,
         | could you please link me to a copy of the C++ standard? It's
         | ISO/IEC 14882:2020, if that helps.
        
           | roblabla wrote:
           | The drafts are available in openstd, both of older versions
           | of the standard[0], and the next, upcoming version[1].
           | 
           | Those are not technically the _actual_ standards, but they
           | 're pretty close. But yes, I too dislike the fact that ISO
           | standards are paid for. You know what bugs me the most? ISO
           | 9660, the standard behind the .iso file format. It's been
           | published in 1988, and today still costs roughly 130EUR to
           | buy...
           | 
           | [0]: http://www.open-std.org/jtc1/sc22/wg21/docs/standards
           | 
           | [1]: https://github.com/cplusplus/draft
        
         | javajosh wrote:
         | The central dictum of the legal profession: "you will have to
         | pry every piece of the leverage I have over you out of my cold,
         | dead hands."
        
       | rz2k wrote:
       | Aaron Swartz should be credited for his early activism in support
       | of making this public good accessible.[1]
       | 
       | I suspect that it played a role in how vicious the prosecutor
       | Carmen Ortiz was in _United States v. Aaron Swartz_ , the later
       | case about bulk downloading of research on JSTOR from the MIT
       | library system, and which eventually lead to his suicide.
       | 
       | [1] https://en.wikipedia.org/wiki/Aaron_Swartz#PACER
        
         | newbamboo wrote:
         | Was curious what that prosecutor had gotten up to.
         | https://theintercept.com/2021/02/15/marty-walsh-aaron-swartz...
         | 
         | Live by the sword...
        
           | throwaway0a5e wrote:
           | Her fatal mistake was not knowing that rubbing shoulders with
           | people who operate on the national stage and having ambitions
           | to be one of them herself meant she had to care about optics
           | at that level. And driving a college kid to suicide over
           | what's basically alleged petty theft is rather tactless in
           | that context. Driving a college kid to suicide over
           | allegations of what basically amounts giving "the system" the
           | bird with a side of petty theft would have gone over just
           | fine at the state level.
        
       | mminer237 wrote:
       | It's good to see when good tools, like RECAP, become obsolete
       | because of wider improvements. Mission accomplished.
       | 
       | It's also good to see unanimous bipartisan action doing simple
       | good things.
        
         | zestyping wrote:
         | As one of the developers of RECAP, I am delighted to see the
         | project become obsolete!
        
       | kingcharles wrote:
       | PACER's paywall is bullshit, but just to temper things it does
       | allow you to download a certain amount for free. I think it might
       | be something like $30 a month. All my requests usually come in
       | under this amount.
       | 
       | What are the fees if you go to the courthouse? I've actually
       | never been inside a federal courthouse despite litigating there
       | for almost a decade. I assume they have an indigency application
       | if you can't afford their fees - the state courts I've worked at
       | do.
       | 
       | You have a 1st Amendment right to court documents (and usually a
       | constitutional or statutory right under state laws too). I don't
       | know exactly how fees interact with your 1st Am. right. I would
       | imagine that if you wanted a lot of documents and couldn't afford
       | them that your 1st Am. right would win if you sued for it.
        
       | 1024core wrote:
       | It just boggles the mind that in a society ruled by laws, access
       | to said laws would be locked up behind a paywall.
        
         | mumblemumble wrote:
         | It's not that unusual. PACER's pricing was ridiculous, but, in
         | principle and from a historical perspective, having to pay for
         | access to information has been the norm. And for understandable
         | reasons. Only a generation ago, access to court records
         | naturally cost money, because neither paper nor file clerks'
         | time is free.
         | 
         | It's only within the past couple decades that technology has
         | reduced the costs associated with providing public access to
         | court records down to a level where it's easy to contemplate
         | making the service free to all users as part of the public
         | budget.
        
           | robflynn wrote:
           | I was shocked the first time I needed to download something
           | from PACER and saw that the pricing was per-page (of a PDF!)
        
             | mumblemumble wrote:
             | Per-page is pretty common in the legal industry generally.
             | It's a holdover from the paper days, when the provider's
             | costs were more a function of page count than document
             | count.
        
         | bell-cot wrote:
         | The old "He who has the gold makes the rules" trick works even
         | better when those without the gold only get to learn the rules
         | when & where convenient to those with. Or they have to give up
         | whatever silver they've managed to scrape together in order to
         | learn _some_ of the _current_ rules.
        
         | cyral wrote:
         | It reminds me of how ISO standards, from date specifications,
         | to the hz for the musical note "A", to railway engineering,
         | have to be purchased from ISO just for the PDF.
        
           | ChrisMarshallNY wrote:
           | _> It reminds me of how ISO standards, from date
           | specifications, to the hz for the musical note  "A", to
           | railway engineering, have to be purchased from ISO just for
           | the PDF. _
           | 
           | At eye-watering rates.
           | 
           | https://webstore.ansi.org/Search/Find?st=iso&v=5&cp=1&f1=Sta.
           | ..
        
         | tiahura wrote:
         | They are not. Court of appeals decisions (a decision that's of
         | precedential value) and any district court decision of
         | importance are public already.
         | 
         | This makes public district court opinions nobody cares about
         | (ok I suppose), as well as the pleadings and motions filed by
         | the parties in the case. Those documents contain a treasure
         | trove of private information that wasn't disclosed with the
         | expectation of broad public dissemination.
        
       | tiahura wrote:
       | Terrible news.
       | 
       | Federal court isn't personal information mother lode that state
       | courts would be, but there's all sorts of stuff in there that
       | doesn't need to be widely disseminated. If you're just interested
       | in the occasional document, that's already free. This is just
       | going to enable the worst sort of data harvesting.
        
         | LorenPechtel wrote:
         | The pricing is per page, not per document. One larger document
         | can go over the free threshold.
        
         | encryptluks2 wrote:
         | Courts already allow you to request that documents be flagged
         | as sensitive.
        
         | setpatchaddress wrote:
         | I understand your concern, but you're advocating for a form of
         | security-through-obscurity. Data harvesting of this information
         | is already available to bad actors. If information must be
         | private for security reasons, it should not be in the public
         | court records in the first place.
        
           | tiahura wrote:
           | It's already available to anyone. Your first $X / month is
           | free, and after that, it's like $.10 page. Or, you can drive
           | to the courthouse and snoop for free all day long.
           | 
           | Mostly, this just facilitates more adtech and profile
           | building. I don't see the benefit.
        
           | torstenvl wrote:
           | Can you provide a citation for the proposition that rate-
           | limiting is a form of security-through-obscurity? That seems
           | like a pretty novel interpretation to me.
        
         | IncandescentGas wrote:
         | I think you're right. Pacer is basically free for any of us
         | wanting to look something up reasonably. The people that care
         | are the people that want to harvest the data contained therein
         | and sell it, use it for extortion, or use it to deny the
         | reformed ex-con underclass access to housing, jobs and credit.
        
       | [deleted]
        
       | afarrell wrote:
       | On the one hand, this is a good thing for the easy ability to
       | access public information.
       | 
       | On the other hand, this removes an important backup source of
       | funding for the US federal courts.
       | 
       | On the gripping hand, it is bonkers that court admins are wise to
       | prepare for the 2023 government shutdown.
        
       | trhway wrote:
       | Somewhen during this year Santa Clara Superior Court removed case
       | documents from their online case access, now only dates and
       | parties are available there. So much for the progress, and that
       | in Silicon Valley :) During physical access to the case documents
       | at the court building one is prohibited from using say phone or
       | any other camera.
        
       | kragen wrote:
       | If this had passed fifteen years ago, the FBI would never have
       | launched their investigation into Aaron Swartz, the one preceding
       | the MIT prosecution. Maybe he'd still be alive.
        
       | ccleve wrote:
       | The Administrative Office of the U.S. Courts is obviously
       | incompetent to carry out this work. Anyone who demands nine years
       | to do this shouldn't be taken seriously.
       | 
       | All documents should simply be dumped into a common repository.
       | S3 would do fine. Define some standards for common document
       | metadata so each document is identified by case, author, type,
       | etc. Enable S3 version histories.
       | 
       | Then create an API for creating cases and uploading documents.
       | This will require some controls, logins, security, and some
       | facility for billing users for filing fees. If the court just
       | provides an API, they can stop there.
       | 
       | Private companies who want to provide a user interface to lawyers
       | and the public can do so. I'm sure that more than a few will make
       | searches and document downloads free.
       | 
       | And that's it. If the government would just get out of the way,
       | this could be done in six months to a year and would be very,
       | very cheap.
        
       | kingcharles wrote:
       | I want to make one more comment and then I am done. Access to the
       | federal court system is a bargain. An absolute bargain. You can
       | usually file a case for about $350-400, and the fees are tempered
       | or removed if you can prove indigency. You get a LOT for your
       | money if your case is legitimate. You can potentially eat up
       | hundreds of hours of court room (judge, clerk) time, which is
       | clearly tens of thousands of dollars worth of work.
       | 
       | The court system is incredibly subsidized in the USA.
       | 
       | Shame about the lawyer fees....!
        
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