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Judge to determine whether Pacer fees are too high for public access

Via NextGov – Cost of Electronic Access to US Court Filings Faces Major Legal Test of Its Own: “…the paywall that surrounds Pacer is facing what may be its most serious test since the service emerged 28 years ago. Judge Ellen Huvelle of the U.S. district court in Washington, D.C., is expected to decide in the coming days whether a lawsuit accusing the government of setting Pacer fees at unlawfully high rates can proceed. The case, which is seeking class-action certification, is being led by three nonprofits: the National Veterans Legal Service Program, the National Consumer Law Center, and the Alliance for Justice. Each group says it has downloaded documents from Pacer and incurred charges alleged to exceed the cost of providing the records. All say the setup violates the E-Government Act of 2002, which authorizes the judiciary to “prescribe reasonable fees”—and which the plaintiffs argue should limit the government to charge users “only to the extent necessary” to make the information available…”

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