Showing posts with label privacy. Show all posts
Showing posts with label privacy. Show all posts

Tuesday, July 27, 2010

Private Information in Public Court Filings

Court proceedings are supposed to be public. When they are public and easily accessible, citizens know the law and the courts are kept accountable. These are the principles that underpin RECAP, our project to help liberate federal court records from behind a pay-wall.

However, appropriate restrictions on public disclosure are equally critical to democracy-enhancing information management by the judiciary. Without protections on personal data, trade secrets, the addresses of cooperating witnesses, or other harmful information the courts would become a frightening place for many citizens in need of justice. Peter Winn has described this challenge in detail.

Thus, somewhat counter-intuitively, it is important to restrict some legal information in order to set the rest free. That is why our courts have a strong legacy of sealing cases when, on balance, their disclosure would do more harm to justice than good. When the risks don't require the entire case to be sealed, portions of documents can be redacted. Federal Rule of Civil Procedure 5.2 and Federal Rule of Bankruptcy Procedure 9037 define these instances.

But what happens when mistakes are made or negligence occurs?


Read the rest over at Freedom to Tinker.

Saturday, February 13, 2010

Google Buzz Blowback

The story of the week from my perspective has been Google Buzz and the various privacy concerns it raised. It seems clear that Google did not think this one through entirely. The best critique of the issues I've seen so far was Harry Lewis' "What Was Google Thinking?" post.

The latest blog post from the Gmail team may not fully answer this question, but it does demonstrate a willingness to listen to users and try to fix mistakes... and kudos to them for admitting that they made a mistake.

We quickly realized that we didn't get everything quite right. We're very sorry for the concern we've caused and have been working hard ever since to improve things based on your feedback.


That's about as close to "we screwed up" as you're going to get from a large corporation.

For what it's worth, I see promise in Google Buzz. I haven't yet deleted my profile, and if Google sorts out the issues then I might actually keep using it.