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Easy Access to Public Records Online Raises Privacy Questions

October 13, 2002
By THE ASSOCIATED PRESS






CINCINNATI, Oct. 12 - Before the Internet, public records
were essentially private because of their obscurity - they
sat gathering dust in courthouses across the land. Now
governments are examining what information should be made
public on the World Wide Web and whether different rules
should apply to electronic documents.

Since the late 1990's, courts have posted records online to
manage cases more efficiently and provide easier access.
But complaints have followed.

Crime victims, jurors and witnesses fear that assailants
can easily identify and find them. Others worry about
identity theft. Former inmates want their pasts hidden, not
publicized. Divorced couples grumble that their neighbors
now know their business.

Jim Moehring knows firsthand the pros and cons of making
public court records available online.

A general manager at Cincinnati's hockey arena, Mr.
Moehring has used the Hamilton County court's Web site to
check out potential employees. He has even turned away a
few because of what he found.

But someone used the site to get Mr. Moehring's Social
Security number and other personal details from a 1996
traffic ticket, opening seven credit cards in his name and
charging $11,000.

"It was absolutely terrifying," Mr. Moehring said. "I got
smoked in a bad way. The information is way too
accessible."

Though officials knew records would be made more available,
"there was an underestimation of the impact that was going
to have on the individuals whose documents now were
online," said John Bessey, a Franklin County judge and
chairman of the Ohio Supreme Court's technology committee.

This month, a coalition that includes the National Center
for State Courts in Williamsburg, Va., is to recommend
guidelines for states drafting online policies.

The federal court system decided last year that documents
in civil and bankruptcy cases, but not criminal cases,
should be available electronically without personal
information like Social Security numbers, birth dates and
names of minors.

The Florida Supreme Court is considering a moratorium on
online court records while lawmakers review a 2000 Florida
law that requires courts to post by 2006 scanned images of
all official records.

Other states, including Ohio, New York, Arizona and
Wisconsin, have task forces studying the issue. But some
fear lawmakers might use the Internet as an excuse to deny
the public access to information off-line.

"I'm deeply suspicious of anyone tinkering with open
records laws because they're usually doing it for a
specific self-serving reason," said Timothy Smith, director
for the Ohio Center for Privacy and the First Amendment at
Kent State University. The better solution, he said, would
be to limit the amount of personal information that many
public documents require.

Randal Bloch, a divorce lawyer in Cincinnati, often hears
complaints about privacy from her female clients. Most are
concerned, Ms. Bloch said, that criminals may surf the Web
for names and ages of children, their addresses and the
layouts of their houses.

She now asks judges to prohibit her clients' cases from
being posted on the Internet.

"People don't have good intentions, and the county is
laying a road map for them," Ms. Bloch said. "It goes
beyond stolen identity. It speaks to personal safety."

http://www.nytimes.com/2002/10/13/national/13DOCU.html?ex=1035510462&ei=1&en=8c305acb9b007cd0



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