Of all the questions we’ve received, probably the most common is whether it will be possible to access the documents in our archive without using PACER at all. The answer is yes, but at the moment we don’t offer any good browsing or searching tools.
The big reason has to do with privacy. One of our top priorities in developing RECAP was making sure we don’t inadvertently compromise the privacy of individuals who are the subject of court records. A lot of sensitive personal information is revealed in the course of federal court cases. A variety of private parties might be interested in using the information contained in these records for illicit purposes such as identity theft, stalking, and witness intimidation. We wanted to make sure we weren’t inadvertently facilitating those types of activities.
In theory, the courts have redaction rules designed to deal with these problems. Judges can order particularly sensitive documents to be sealed, and the rest of the documents are supposed to be redacted to prevent inadvertent disclosure of private information. Unfortunately, this process is far from perfect. Private information does sometimes wind up in the public version of court documents.
When court …more ...