Peter Winn, On-Line Access to Court Records

Peter Winn, On-Line Access to Court Records

Comment by: Peter Winn

PLSC 2008

Workshop draft abstract:

In 2002, with almost no debate, US courts began using electronic filing systems. Under the earlier paper system, court records were required to be kept public to maintain the accountability of the legal system, but given the difficulty of accessing paper records, most legal files remained “practically obscure,” thus still protecting the privacy of litigants. This accountability/privacy  balance was dramatically changed by the shift to electronic court records, subjecting a treasure trove of sensitive information to unintended uses – from wholesale extraction by commercial data-miners to individual mischief by criminals.  What is the proper balance between accountability and privacy in an age of electronic judicial information?