Inside the Pa. court case pitting a genealogist against Ancestry.com

By Angela Couloumbis
Spotlight PA
What began in 2022 as a one-paragraph public records request has morphed into a full-blown court fight over who owns digital copies of Pennsylvania’s historical records.
Are they the property of the commonwealth? Or are the documents — which include birth and death certificates, veterans’ burial cards, and slave records — fully controlled by a private company?
That question has pitted a New York City-based professional genealogist against the Pennsylvania agency in charge of a vast array of historical documents and artifacts, as well as Ancestry.com, an online genealogy company used by millions of people to search for family and other records.
The genealogist is Alec Ferretti, a director at Reclaim The Records, a nonprofit that pushes governments to make genealogical information more broadly available.
The state agency is the Pennsylvania Historical and Museum Commission (PHMC), which in 2008 contracted with Ancestry to digitize a sweeping list of historical documents and make them available on the company’s website. Those records also include naturalization documents, prison records, and Civil War border claims and muster rolls, according to the contract.
Those digitized records, according to PHMC’s website, are free to Pennsylvania residents who create a user profile with Ancestry.
Ferretti, however, isn’t a Pennsylvania resident.

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