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10-04-25 Request for Opinion Letters by Yale Law Faculty in re: Alleged Fraud in PACER and
CM/ECF

Robert C. Post
Dean and Sol & Lillian Goldman Professor of Law

Date: Sun, 25 Apr 2010 14:38:44 -0700

To: robert.c.post@yale.edu, tracey.meares@yale.edu, bruce.ackerman@yale.edu, muneer.ahmad@yale.edu,
akhil.amar@yale.edu, ian.ayres@yale.edu, jack.balkin@yale.edu, aharon.barak@yale.edu, lea.brilmayer@yale.edu,
richard.brooks@yale.edu, robert.burt@yale.edu, guido.calabresi@yale.edu, stephen.carter@yale.edu,
amy.chua@yale.edu, elias.clark@yale.edu, morris.cohen@yale.edu, jules.coleman@yale.edu, dennis.curtis@yale.edu,
harlon.dalton@yale.edu, mirjan.damaska@yale.edu, drew.days@yale.edu, owen.fiss@yale.edu,
daniel.freed@yale.edu, henry.hansmann@yale.edu, anthony.kronman@yale.edu, daniel.markovits@yale.edu,
jed.rubenfeld@yale.edu
From: joseph zernik
Subject: Request for expert opinions regarding alleged fraud in operations of PACER and CM/ECF at the US District
Court, Los Angeles

April 25, 2010

Yale Law Faculty

By email

Dear Yale Law Faculty:

We write to ask your urgent help in issuing expert opinions regarding alleged fraud in operations of PACER and
CM/ECF, the online public access and case management systems, respectively, as operated at the US District Court, Los
Angeles, and related systems. The findings and the records, which are subject of the requested opinion, are described in
details in links under #7, below.

Preliminary opinions were already obtained of fraud pertaining to Sustain, the case management system of the Los
Angeles Superior Court, as described below.

Page 2/2 April 25, 2010

PACER and CM/ECF, as operated at the US District Court, Los Angeles, were implemented with no public oversight, no
publicly accountable validation, and without founding them in Local Rules of Court, in disregard of the Rule Making
Enabling Act. Some of the blatant fraudulent features in PACER and CM/ECF, for example, are the omission of all
authentication records (the NEFs - Notices of Electronic Filings) from public access in PACER, and allowing access to
them only to attorneys who are authorized in a given case. Moreover, as documented in the links below, under such
conditions, access is also routinely denied to pro se litigants. Furthermore, as documented below, the courts in certain
cases, then take the liberty of issuing false, invalid authentication records, while posting the respective records in PACER
as "Entered". Under such conditions the public is left in the dark, unable to discern which court records are honest, valid,
and effectual court records, such that require "full faith and credit", and which ones are not.

There simply is no explanation for such design and operation of a case management system that is consistent with honest
administration of the courts and the furtherance of justice.

Time is of the essence! As described below, obtaining such opinions is the first step in our efforts in relationship to the
first ever UPR (Universal Periodic Review) of the United States Human Rights record by the UN. Following Mr Fine's
case's treatment by the US courts, we firmly believe that only international pressure through the UPR is likely to affect
any restoration of integrity in such computer systems that are critical for the Human Rights of all who reside in the US.

The favor of a timely response regarding your disposition in this matter is kindly requested.

Truly,

Joseph Zernik, PhDHuman Rights Alert (HRA), NGOhttp://human-rights-alert.blogspot.com/

http://www.scribd.com/Human_Rights_Alert

The Road Ahead - Richard Fine, online public access (PACER) and case management systems
(CM/ECF) of the US courts, and the 2010 UN Review of Human Rights in the United States.
By Joseph Zernik, PhD