TAP-INFO Internet Distribution List
Taxpayer Assets Project
Information Policy Note
October 12, 1993
CROWN JEWELS CAMPAIGN - JURIS
PUBLISHER CONSIDERING UNSOLICITED PROPOSAL TO DEPARTMENT OF
JUSTICE THAT WOULD ACCOMPLISH FOLLOWING GOALS:
- PROVIDE PROMPT REPLACEMENT OF JURIS HISTORICAL CASELAW
RECORDS
- PROVIDE FOR PUBLIC ACCESS TO JURIS RECORDS ONLINE OR
THROUGH CD-ROM
- CREATION OF NATIONAL NON-PROPRIETARY SYSTEM OF
CITATIONS FOR FEDERAL CASELAW
Tax Analysts, a non-profit publisher of tax law information,
is considering the submission of an unsolicited proposal to the
Department of Justice (DOJ) that would insure that the DOJ JURIS
system remains intact, and vastly expand public access to the
JURIS database.
Tax Analysts (TA)currently publishes extensive caselaw
relating to tax matters, and they are also a supplier of caselaw
to WESTLAW, LEXIS and other commercial data vendors. According
to Tom Field, the Executive Director, TA employees about 160
persons, and has extensive experience in electronic publishing.
For example, TA was deeply involved in the project to put the
United States Supreme Court opinions online.
According to Field, TA was an unsucessful bidder on the most
recent JURIS procurement. TA bid on the sections of the JURIS
database which relate to tax law, which, according to Field,
consituted about 30 percent of the JURIS database. TA offer to
provide DOJ with full title to 10 years of tax law information
for about $200,000, even though under the procurement, DOJ was
asking to "lease" the data. Field said that he told DOJ that it
would be crazy to lease the data, rather than "own" it. TA's
lawyers told Field that the procurement appeared to be written
for just one firm -- West Publishing -- and he should not have
bothered to bid.
Field says that TA is considering a proposal to DOJ that
will accomplish the following:
1. Provide prompt replacement of JURIS historical caselaw
records.
Field says this can be done before the West records must be
returned.
2. Provide for public access to JURIS records online or through
cd-rom.
Field says that he can provide DOJ with a system of
distributing the JURIS materials to the public that the
government can own and operate as its sees fit. It would
include access to federal legal information using online and
CD-ROM technologies, as well as access to the underlying
records of the database.
3. Create a national non-proprietary system of citations for
federal caselaw.
Field says that DOJ should create a national non-proprietary
system of citations for federal caselaw that will lead to
increased competition in the market for legal information.
West currently claims copyrights on its system of page
numbers and citations, which it licenses to LEXIS. Several
federal courts require lawyers to use the West system of
citations in legal filings. This has enhanced West's
monopoly power in the market for legal information.
COSTS OF REPLACING (or not replacing) HISTORICAL RECORDS
According to Field, paper records can be key punched into
computer formats using a "double keying" system, whereby two
people key punch the same document, and the two files are
compared for accuracy. The cost of this ranges from about $.90
to $.50 per 1,000 characters. The lower cost is for a longer
turn around time. Work is often done in the Philippines or in
other third world countries. Field estimates that costs of
replacing the 10 years of West caselaw to be a one time cost of
$1 to $2 million.
If DOJ does not replace the historical records, it will
obtain online access to caselaw through WESTLAW or LEXIS. Last
week DOJ officials told reporters that this would cost $6 million
more than they are currently spending. Thus, it appears as
though it is much cheaper to replace the historical records than
to kill the JURIS program.
james love 215/658-0880; internet love@essential.org
Taxpayer Assets Project
For more information about the Tax Analysts proposal, contact:
Thomas F. Field, Executive Director
Tax Analysts
6830 North Fairfax Drive
Arlington, VA 22213
voice: 703/533-4400; fax: 703/533-4440
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