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Senators John Kennedy and Ron Wyden rolled out a bipartisan plan this week to drag the federal court records system into the 21st century. The bill, called the Open Courts Act, promises one-stop access to federal court filings, better cybersecurity, and an end to the annoying little PACER paywall that makes ordinary Americans pay to read public court records. Sounds great on the surface. But in Washington, “sounds great” often means “watch your wallet.”
What the Open Courts Act would do
The core idea is simple: replace the patchwork of local electronic filing and public access systems (CM/ECF and PACER) with a single, cloud-based national system run by the courts’ administrative office. Sponsors claim the change would strengthen cybersecurity, make records easier to find, and save taxpayers more than $60 million a year in operating costs. The bill would also eliminate PACER fees for public users, moving to a new funding model that shifts some costs to filing fees and higher-volume users. Transparency and less clunky tech are things conservatives should applaud — when they really mean transparency, not another way to shuffle costs around.
Funding tradeoffs: don’t swap one toll booth for another
Watch the fine print on fees and access
Here’s the ugly part: killing PACER’s paywall doesn’t make the costs vanish. The plan counts on higher filing fees and new fees for heavy PACER users to pay for the upgraded system. The Judicial Conference has warned that boosting filing fees could raise barriers to court access for everyday Americans and small businesses. That’s a real concern. Conservatives who believe in access to justice and low-cost dispute resolution should demand clear protections for low-income litigants, caps on fee hikes, and transparency about exactly which fees will rise.
Cybersecurity and the danger of big, slow federal projects
The bill was pitched as a response to real cybersecurity failures in the court system. A major intrusion into federal court systems last year proved this isn’t just a tech gripe — it’s national security and privacy risk. Still, centralizing court data in a single cloud system creates a tempting target. The rollout must include strict cybersecurity standards, independent audits, pilot tests, and contingency plans. And let’s not kid ourselves: big federal IT projects take years and are often riddled with delays and cost overruns. Congress should demand hard timelines, outside oversight, and limits on contractor slush funds.
A conservative road forward
Conservatives should welcome easier public access to court records and better cybersecurity. But welcome the idea, not the package deal. If the Senate Judiciary Committee moves this bill, demand fixes: explicit protections for indigent filers, narrow limits on fee increases, an independent cybersecurity review, and pilot programs before full nationwide rollout. Don’t let Washington trade a small, annoying paywall for a new, invisible toll booth that makes justice more expensive. Fix PACER — fine — but only if it’s honest reform, not a bureaucratic shell game that leaves taxpayers and everyday people holding the bill.
