Carl Malamud, a champion of open government information, joins host Bob Ambrogi to discuss his decades-long work in making government information accessible. They cover milestones such as publishing the SEC's EDGAR database online, fighting for access to PACER documents, and his recent focus on India. The conversation highlights the importance of public access to the law and the impact of Malamud's court victories.
Read more
AI Summary
AI Chapters
Episode notes
auto_awesome
Podcast summary created with Snipd AI
Quick takeaways
Carl Malamud and his organization, Public.Resource.Org, have been instrumental in making government information accessible to the public for over 30 years, from putting the SEC's EDGAR database online to advocating for de-commercialized access to case law.
Malamud's significant court victories, including defeating the state of Georgia's claim of copyright in its official legislative code, have contributed to the progress of free public access to government information.
The ongoing battle for improved accessibility to federal court documents, like the PACER system, highlights the need for legislation and a shift in the business model to make legal materials accessible for free and without limitations.
Deep dives
The Importance of Access to Law
Access to law is vital in a democracy as it serves as the rule book by which citizens choose to govern themselves.
The Fight for Making Government Information Accessible
Carl Malamud and his organization, Public Resource, have been at the forefront of making government information accessible to the public for over 30 years. From putting the SEC's Edgar database online to advocating for de-commercialized access to case law, they have worked tirelessly to ensure that important information is available to all.
Challenges Faced and Victories Achieved
Malamud has faced challenges including legal battles, opposition from standards development organizations, and resistance from commercial vendors. However, he has achieved significant victories, such as allowing publication of private industry technical standards and putting thousands of Indian standards online. His work in India is particularly important due to the cost barriers to access to knowledge in the country.
Making Laws and Government Information Freely Available
For over 30 years, Carl Malamud has been fighting to make laws and government information freely available to the public. His efforts have been met with various court battles and victories. One notable court victory came when the Supreme Court ruled that the state of Georgia could not claim copyright in its official statutes, including the annotations. Malamud's organization, Public Resource, has been involved in numerous cases, both as a plaintiff and a defendant, all focusing on free public access to government information. His work has led to progress in raising awareness about the importance of public access, and improvements have been made in providing access to federal government information.
Challenges and Progress in Public Access
While progress has been made in improving public access to government information, challenges still exist. One ongoing battle involves the PACER system, which charges fees for access to federal court documents. Efforts are underway to push for legislation, such as the Open Courts Act, that would improve accessibility and shift the business model from dissemination fees to filing fees. Malamud highlights the need for the government to fix privacy issues within the PACER system. He emphasizes the importance of making legal materials accessible for free and without limitations, as this serves the public interest and aids in better operation of government services. Despite the challenges, progress has been made, and public awareness about the importance of access to government information has grown.
No one has worked harder, worked longer or had more success at the cause of making government information accessible to the public than Carl Malamud and his organization Public.Resource.Org. From putting the SEC’s EDGAR database online in 1993 – effectively shaming the SEC into putting it online itself two years later – to his 2020 U.S. Supreme Court victory defeating the state of Georgia’s claim of copyright in its official legislative code, to his 2022 federal court win allowing him to publish private-industry technical standards that are incorporated by reference into thousands of federal, state and local laws, Malamud has devoted his career to freeing the law.
On this episode of LawNext, Malamud joins host Bob Ambrogi to recap some of the significant milestones of his more-than 30-years of battling government bureaucracies. Among the topics they discuss: how his 1993 publication of the SEC’s EDGAR database on the Internet became a turning point for government information online; how his work with Aaron Swartz – the younger computer programmer who later killed himself after being indicted by the U.S. attorney – and other to open access to PACER documents led to creation of the RECAP database of free PACER filings; how his publication of Georgia’s official legislative code led to a watershed Supreme Court ruling; and why, in recent years, he has turned his attention to India, of which he said, “If there is to be a revolution in access to knowledge, it has to be in India.”
Thank You To Our Sponsors
This episode of LawNext is generously made possible by our sponsors. We appreciate their support and hope you will check them out.