Electronic filing of court documents has become the norm rather than the exception both here, in New York federal and state courts, and around the country.1 The trend is driven by the pervasive availability of online technology to conveniently enable e-filing, as well as the generally held presumption in U.S. jurisprudence that court proceedings are public in nature and should be easily accessible to the public.
At the same time, privacy advocates, concerned about the amount of personally identifiable information easily available on the Internet and the resultant increase of identity theft and other types of fraud, wish to restrict public access to certain types of data. These two somewhat contradictory philosophies intersect on the issue of whether the proliferation of electronic filing has unduly and unnecessarily exposed personally identifiable information to possible exploitation.
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