Remember this, that the United States Government was established of, by, and for the people of the United States. Remember also that knowledge is power. Remember its corollary, that the lack of knowledge is the lack of power.
PACER stands for Public Access to Court Electronic Records. The PACER system describes itself in this way in its FAQ section:
Public Access to Court Electronic Records (PACER) is an electronic public access service that allows users to obtain case and docket information from Federal Appellate, District and Bankruptcy courts, and the U.S. Party/Case Index via the Internet. Links to all courts are provided from this web site. Electronic access is available by registering with the PACER Service Center, the judiciary’s centralized registration, billing, and technical support center….
Why use PACER?
The PACER System offers an inexpensive, fast, and comprehensive case information service to any individual with a personal computer (PC) and Internet access. The PACER system permits you to request information about a particular individual or case. The data is displayed directly on your PC screen within a few seconds. The system is simple enough that little user training or documentation is required….What are the acceptable uses of the data obtained from the PACER system?
The PACER system provides electronic access to case information from federal courts across the United States. The information gathered from the PACER system is a matter of public record and may be reproduced without permission. However, the PACER customer assumes all responsibility for consequences that arise from use of the data.
The PACER User Account Online Application specifically refers to private individuals being granted access:
If you are registering as a private individual, i.e. not as a member of a group, firm, or organization, enter your name in both the Firm Name and Contact Person rows.
The official PACER Policies and Procedures document makes no note of restrictions in access to citizens except that they must pay 8 cents per page for documents.
To specifically access Federal District Court documents, PACER users can use the subsidiary CM/ECF system, which the CM/ECF FAQ makes clear are publicly available:
Can the general public view CM/ECF cases and the documents in those cases?
Yes, the public can access case data in CM/ECF unless it has been sealed by the court. The public access component of CM/ECF will require a user to enter a PACER login and password. Because the PACER login and CM/ECF filing login will be different, a filing attorney will need both. Established PACER users will automatically have access to these sites; a new account does not need to be created. For those currently not registered with PACER, a PACER account may be obtained at: http://pacer.psc.uscourts.gov/register.html
Get the message? These are publicly available documents. They are a matter of public record. Any member of the public who is willing to pay 8 cents a page can have access to federal court documents.
But the login page for the DC District Court PACER — ECM/CF system whistles a rather different and forbidding tune:
Notice
This is a Restricted Web Site for Official Court Business only. Unauthorized entry is prohibited and subject to prosecution under Title 18 of the U.S. Code. All activities and access attempts are logged.
It’s not just the DC District Court that posts this statement. Visit on any other District Court PACER access point on the web (here’s Alabama’s, for instance) and you’ll get the same message verbatim.
Restricted Web Site for Official Court Business only or public access service? The answer is important, and not just because I don’t want to go to prison. The answer to the question tells me whether I am a citizen or a subject.
When the work week begins on Monday, I will attempt in earnest to find an answer to this question direct from the PACER’s mouth. If you can shed any light on this disparity in messages, please do.
Did you try following the “click here” for more information thing at the bottom? I think they are just saying you have to be authorized to enter the site–like providing your secure credit card number for the $.08 per page thing.
My understanding is that message was put in place years ago after several government sites (including PACER sites) were hacked.
What they mean is “Kids, please don’t hack this site and fool around in our servers. This is an important government site, so we will come after you.”
That’s what I’m hoping it means. But the words “This is a Restricted Web Site for Official Court Business only” appear to mean something else. If the words are meant to be forbidding, they are. I still use the system grasping my rights as a citizen, but every time I see those words I blanch a bit and have to work to loosen the “Jesus-I’m-not-doing-this-for-official-court-business-I’m-gonna-be-arrested” sphincter in my gut before proceeding.
What I’ll do on Monday is to contact the PACER people, confirm this, reaffirm it publicly… and send a letter asking them if they can clarify their language. Citizens who don’t plan to break the law should be welcomed, not threatened, to this public access site.
Hi Jim,
Did you ever send this letter or get an official response from Pacer?
I did send a letter. I didn’t get a response back. But then (as I indicated in a comment I made below two years ago) I called PACER and eventually got in touch with someone who clarified: the public can access the site … what PACER means to prohibit is hacking, distributed denial of service attacks and other attempts to modify or disrupt the PACER service.
How do I send a letter or brief to the court on PACER? I do
have an account, password, etc.
Thanks, John
I wish I could tell you… my experience with PACER has been as a consumer of information, not as a correspondent.
Jim, I was hoping to see your answer after you contacted the people at PACER
Anonymous’ and Paul Bush’s interpretation is correct. The PACER people say the public can access the site, and not just those engaged in “Official Court Business” … what PACER means to say is that the site is not for hacking or other meddling.