I wonder how accessible this material will be. The federal courts are
exempt from Section 508.
Kelly
August 15, 2001
Judicial Panel Endorses Limited Access
To Federal Court Records Via Internet
Associated Press
WASHINGTON -- Americans could go online to learn about a neighbor's
argument with his boss but not about a criminal case against him, under
recommendations
for federal court record keepers.
A panel of judges proposed a tentative step into the Internet age, with
courts nationwide making most civil cases available online, cleansed of
personal
information that could be used by cyber criminals.
The recommendations, released Wednesday, follow two years of work and
could become the standard not only for all federal courts but state
judiciaries.
A committee of 14 judges said records of criminal cases shouldn't be put
on the Internet for now because "information could then be very easily
used to
intimidate, harass and possibly harm victims, defendants and their
families."
With privacy advocates on one side and media groups on the other,
judicial leaders are walking a tightrope as they decide how to make
records available
not only on paper at courthouses but also online.
News groups argue that all public records should be treated the same and
should be accessible through the Internet, which provides quick
availability. Opponents
contend those records can include private things like financial
information and medical records.
Court officials would doctor Social Security numbers, dates of birth and
the names of minor children in online records, under the plan.
"I'm pleasantly surprised," said Chris Hoofnagle, attorney for the
Washington-based Electronic Privacy Rights Information Center. "There's
clearly a recognition
and sensitivity to privacy issues."
Paul McMasters, First Amendment ombudsman at the Freedom Forum in
Arlington, Va., said the losers are everyday citizens.
"Just when the information age promises to make those criminal records
truly public, this committee is suggesting they really shouldn't be that
public after
all," Mr. McMasters said.
The Judicial Conference of the United States, which sets policy for
courts, meets Sept. 11 and will consider the recommendations by the
Committee on Court
Administration and Case Management.
"The federal courts are not required to provide electronic access to case
files ... nevertheless, the federal courts recognize that the public
should share
in the benefits of information technology, including more efficient
access to court case files," the committee said in its report.
The committee said Congress should change bankruptcy laws to allow judges
to seal those cases to protect privacy. Mr. Hoofnagle said bankruptcy
records
are an easy source for people to get personal information to use for
identity theft.
The report proposed keeping off the Internet cases involving Social
Security challenges, like those filed by injured workers. The Social
Security Administration
asked for an exemption, and the committee agreed that those are "of
little or no legitimate use to anyone not a party to the case."
The Justice Department had also expressed concerns about criminal cases
being available on the Internet. The committee said they should be kept
off the
Internet for two years, when the policy would be reviewed.
Federal courts around the country are handling Internet access
differently. The committee said policies should be the same nationwide,
and that people who
file federal civil cases should be told the information will be posted on
the Internet.
Documents would still be available in paper at courthouses.
The committee said people who go online to get federal court documents
should have to register with a government-run records system, which
charges a fee.
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