Electronic access to court records

The historic right of public access to court records is under increasing attack in several states and perhaps the federal judiciary as well. Privacy advocates and some court officials argue that the easier access to court files that are increasingly being stored electronically are a threat to individual rights in a way that paper records never have been. It's one thing for people to be able to rummage through files in a nearby courthouse, they contend, but another to permit surfing through files anywhere in the country from a home computer.

Particular concern is expressed over "identity theft" by obtaining Social Security, credit card or bank account numbers from court records. Journalists and businesses that use court records reply that the First Amendment and common law rights to view court documents apply equally to files no matter how they are stored. They point out that virtually all court files will be stored electronically in the foreseeable future.

About 100 state courts and ten federal courts already permit electronic filing, and at least 35 others scan paper files onto Web pages, according to The Wall Street Journal. Limiting access to these documents would cripple the public's right to examine them. Sensitive data such as Social Security numbers can be blocked.

In some states, courts have already moved to reduce access to their files and others have created committees to study the issue. Some courts have opened their court files to Internet access without local controversy. The U.S. Judicial Conference asked for comments on its plans to digitize federal court records late last year. Some 240 responses were filed. The Judicial Conference scheduled a public hearing on March 16, 2001.

Here is what is happening around the nation.