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Subject: RE: [legalxml-courtfiling] Information to be tagged for redaction
John, i owe you a list of data elements that we have identified... don't think i was in Las Vegas when the list you provide was discussed... i know in Salt Lake City i promised a list that was identified initially from discussions with our DOJ/USAO ECF workgroup attorneys... tomorrow 7/18 i will have our project legal advisor look over the list below and provide comment from Assistant US attorney (AUSA)perspective as well as our draft list of elements. note that some US courts have already implemented redaction procedures both for paper and electronic data .. the wording is unclear as to what specific elements are not releasable... as you can imagine the AUSAs have many concerns more tomorrow 7/18 on this topic... dl -----Original Message----- From: John M. Greacen [mailto:john@greacen.net] Sent: Tuesday, July 16, 2002 7:33 PM To: Lewis, Diane; Lin, Meng-chun; Bergeron, Donald L. (LNG); jik; Larry Webster; Mary Campbell McQueen; Mohyeddin Abdulaziz; Robin Gibson; Rolly Chambers; Terrie Bousquin; Eddie OBrien; Roger Winters; Gregory W. Arnold; Dr. Laurence Leff; John Messing; Allen Jensen; Rory Perry; Ron.Beach; moira.rowley; Dwight R Daniels; john; Ron Bowmaster; Karl F. Best; Benjamin T. Wilson; Charles Gilliam; aerts; jeromeb; tbrown; tom.clarke; bruce.gitlin; dagoodwi; roger; wjohnsto; pkasselman; Catherine.Krause; manoj; gary.pinder; gpoindexter; dpowell; ssansom; tjsmith; steve.spohn; steven.taylor; kthotti; swood; Mark S. Yuan; Robert DeFilippis; John Ruegg; John McClure; Court Filing List Subject: [legalxml-courtfiling] Information to be tagged for redaction In Las Vegas, Diane Lewis and I agreed to post a list of candidate data elements that could be included in the Court Document 1.1 specification for use in redacting information from court documents when they are made available to the public. The following is a list drawn from a work product developed by a committee of the Conference of Chief Justices and Conference of State Court Administrators on Public Access to Court Records. The data elements are examples from the document of data that appears in court records that should not, in particular situations, be released to the public. Hence, this would be an ideal application for XML tagging. Data could be present for some uses and suppressed for others, with an application looking for the particular tags associated with the information to be suppressed. The data elements are: ? Name, address, telephone number, e-mail address, or place of employment and other contact information for victims (not including defendants) in domestic violence, stalking, sexual assault, and civil protection order proceedings; ? Name, address, telephone number and other contact information for victims in criminal cases; ? Name, address, telephone number and other contact information for witnesses (other than law enforcement witnesses) in criminal, domestic violence, sexual assault, stalking, and civil protection order cases; ? Name, address or telephone number of informants in criminal cases; ? Name, address or telephone number of potential or sworn jurors in a criminal case; ? Social security number; ? Account number of specific assets, liabilities, accounts, credit cards, and PINs; ? Medical or mental health records, including examination, diagnosis, evaluation, or treatment records; ? Name and address of a minor child; ? Psychological evaluations of a party, for example regarding competency to stand trial; ? Child custody evaluations in family law or juvenile dependency (abuse and neglect) actions; ? Description or analysis of a person?s DNA or genetic material, or biometric identifiers; ? Proprietary business information such as trade secrets, customer lists, etc. ? Statements of disability (such as in applications for accommodations under the Americans with Disabilities Act); ? Address and telephone number of litigants in cases The CCJ/COSCA document also identifies document types that should be suppressible and photographs and physical evidence that should be suppressible. In my view, the document types are handled by the Electronic Court Filing 1.1 specification which provides a confidentiality option for any document or data element. I believe that photographs and physical evidence fall outside our purview, as do official court reporter notes. Diane, I invite your additional contributions. Mo, Rolly and John, I hope this proves helpful in following up on this issue from the Salt Lake meeting. Of all the specific data element tagging that could be useful, this list of items to be tagged for possible redaction is -- in my personal view --of the highest current importance. -- John M. Greacen Greacen Associates, LLC. 18 Fairly Road Santa Fe, NM 87507 505-471-0203 ---------------------------------------------------------------- To subscribe or unsubscribe from this elist use the subscription manager: <http://lists.oasis-open.org/ob/adm.pl>
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