Information Security in the Courts

By: Emile J. Katz*

Published: September 28, 2021

Abstract

Devices with recording capabilities have become pervasive in modern life. That pervasiveness becomes concerning in areas such as Judicial chambers, where confidentiality is particularly important. Recording devices have the capability to breach that confidentiality, opening the door to dire consequences. Although courts recognize the need for confidentiality, judicial policy guides have not addressed the dangers posed by common devices with recording capabilities. The failure to address those dangers is a significant oversight, and this Article proposes one remedy to ensure information security in Judicial chambers.

*J.D., University of California, Berkeley School of Law. Currently a judicial law clerk, the author served as a paratrooper and sniper in the Israel Defense Forces from 2015– 2017. The views expressed herein are solely the views of the author and do not represent the views of any court or judge. I would like to thank Nick Martiniano for his editorial assistance as well as Lila Englander, Itamar Vazina, Ori Hingel, and Gal Ziperfal for providing inspiration

Suggested Citation: Emile J. Katz, Information Security in the Courts, 126 Penn St. L. Rev. Penn Statim 26 (2021).

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