PACER charges users to view federal filings, turning public documents into a revenue stream that deters low‑income researchers and journalists. The Electronic Frontier Foundation (EFF) has joined a coalition pushing the Open Courts Act of 2026, which would replace PACER and the CM/ECF system with a free, modern platform. The upgrade would also support API access for developers.

PACER currently generates more than $150 million annually from public users, despite the legal notion that court records are public domain. Supporters argue that a unified, cloud‑based system would lower maintenance costs, improve searchability, and harden cybersecurity. The bill also builds on a prior bipartisan effort that cleared the Senate Judiciary Committee but stalled before the session ended.

Backers include Fix the Court, the Free Law Project’s RECAP archive, and several open‑government watchdogs. By eliminating paywalls, the Open Courts Act would make judicial opinions searchable and readable for anyone with internet access, strengthening democratic oversight. Passage of the bill would finally align the federal judiciary’s technology with the public’s right to free information. Law schools and NGOs would gain immediate, unrestricted research capabilities.