The Open Courts Act of 2026: Modernizing Federal Judiciary and Eliminating PACER Fees
A broad coalition of organizations, including the **Electronic Frontier Foundation (EFF)**, is backing the **Open Courts Act of 2026**. This proposed legislation aims to overhaul the federal courts' electronic filing systems, replace the outdated **PACER** system, and eliminate the associated fees that currently impede public access to court records.
# The Push to Modernize Federal Court Access
The federal judiciary's electronic record system, **PACER** (Public Access to Court Electronic Records), has long been a point of contention. While court records are inherently public, accessing them through **PACER** typically incurs fees, creating a significant barrier, particularly for low-income individuals and organizations seeking transparency.
## Addressing an Outdated System
Recognizing these limitations, the **EFF** has joined a diverse group of organizations in supporting the **Open Courts Act of 2026**. This bipartisan-supported bill proposes to replace **PACER** and the related **CM/ECF** systems with a unified, modern platform. The goal is to enhance public access, bolster cybersecurity, and ultimately reduce long-term operational costs.
## The Cost of Public Information
Currently, **PACER** generates over $150 million annually in fees from the public for documents that are, by nature, public records. Proponents of the **Open Courts Act** argue that these fees are an unnecessary impediment to democratic accountability and informed citizenship.
## Building on Previous Efforts
This isn't the first attempt to address the **PACER** paywall. The **Open Courts Act of 2026** builds upon a similar proposal that previously garnered bipartisan support within the Senate Judiciary Committee. The **EFF** has consistently advocated for free and open access to judicial decisions and legal records for over a decade, criticizing **PACER**'s paywalls as early as 2014.
## A Coalition for Transparency
The bill is championed by groups such as **Fix the Court**, alongside numerous civil society organizations, open government advocates, and media groups. Their collective aim is to eliminate barriers to court records and bring the technological infrastructure of the U.S. federal judiciary into the modern era, aligning with the principle of public access as a cornerstone of democratic accountability.
For more details, read the [full letter supporting the Open Courts Act of 2026](https://fixthecourt.com/wp-content/uploads/2026/06/Group-letter-on-the-Open-Courts-Act-6.15.26.pdf).