February 1, 2023

Judge Declares Some PACER Fees Illegal but Does Not Go Far Enough

Five years ago, in a post called “Making Excuses for Fees on Electronic Public Records,” I described my attempts to persuade the federal Judiciary to stop charging for access to their web-based system, PACER (“Public Access to Court Electronic Records”). Nearly every search, page view, and PDF download from the system incurs a fee ranging […]

Free Law Project Partnering in Stewardship of RECAP

More than five years ago, I spoke at CITP about the US Federal Courts electronic access system called PACER. I noted that despite centuries of precedent stating that the public should have access to the law as openly and freely as possible, the courts were charging unreasonable rates for access to the public record. As […]

Two Major updates to RECAP: Developers from Around the World Write Code in Memory of Aaron Swartz

A little over two months ago, we joined with the Think Computer Foundation to offer a set of grants in memory of our friend Aaron Swartz. Aaron worked on many issues in his too-short life, but one of those was liberating American court records from behind a pay-wall. He helped to inspire our RECAP project, […]

Making Excuses for Fees on Electronic Public Records

I wrote a letter to Judge Hogan, the recently appointed Director of the Administrative Office of the US Courts. I wanted to make the case directly to him that the courts should do the right thing — and that what they are doing right now is against the law. I was assured by his colleagues […]

New Search and Browsing Interface for the RECAP Archive

We have written in the past about RECAP, our project to help make federal court documents more easily accessible. We continue to upgrade the system, and we are eager for your feedback on a new set of functionality.

One of the most-requested RECAP features is a better web interface to the archive. Today we’re releasing an experimental system for searching and browsing, at archive.recapthelaw.org. There are also a couple of extra features that we’re eager to get feedback on. For example, you can subscribe to an RSS feed for any case in order to get updates when new documents are added to the archive. We’ve also included some basic tagging features that lets anybody add tags to any case. We’re sure that there will be bugs to be fixed or improvements that can be made. Please let us know.

The first version of the system was built by an enterprising team of students in Professor Ed Felten’s “Civic Technologies” course: Jen King, Brett Lullo, Sajid Mehmood, and Daniel Mattos Roberts. Dhruv Kapadia has done many of the subsequent updates. The links from the Recap Archive pages point to files on our gracious host, the Internet Archive.

See, for example, the RECAP Archive page for United States of America v. Arizona, State of, et al. This is the Arizona District Court case in which the judge last week issued an order granting injunction against several portions of the controversial immigration law. As you can see, some of the documents have a “Download” link that allows you to directly download the document from the Internet Archive, whereas others have a “Buy from PACER” link because no RECAP users have yet liberated the document.