[108th Congress Public Law 281]
[From the U.S. Government Printing Office]
[DOCID: f:publ281.108]
[[Page 118 STAT. 889]]
Public Law 108-281
108th Congress
An Act
To amend the E-Government Act of 2002 with respect to rulemaking
authority of the Judicial Conference. <<NOTE: Aug. 2, 2004 - [H.R.
1303]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. RULEMAKING AUTHORITY OF JUDICIAL CONFERENCE.
Section 205(c) of the E-Government Act of 2002 (Public Law 107-347;
44 U.S.C. 3501 note) is amended by striking paragraph (3) and inserting
the following:
``(3) Privacy and security concerns.--
``(A)(i) The Supreme Court shall prescribe rules, in
accordance with sections 2072 and 2075 of title 28,
United States Code, to protect privacy and security
concerns relating to electronic filing of documents and
the public availability under this subsection of
documents filed electronically or converted to
electronic form.
``(ii) Such rules shall provide to the extent
practicable for uniform treatment of privacy and
security issues throughout the Federal courts.
``(iii) Such rules shall take into consideration
best practices in Federal and State courts to protect
private information or otherwise maintain necessary
information security.
``(iv) Except as provided in clause (v), to the
extent that such rules provide for the redaction of
certain categories of information in order to protect
privacy and security concerns, such rules shall provide
that a party that wishes to file an otherwise proper
document containing such protected information may file
an unredacted document under seal, which shall be
retained by the court as part of the record, and which,
at the discretion of the court and subject to any
applicable rules issued in accordance with chapter 131
of title 28, United States Code, shall be either in lieu
of, or in addition to, a redacted copy in the public
file.
``(v) Such rules may require the use of appropriate
redacted identifiers in lieu of protected information
described in clause (iv) in any pleading, motion, or
other paper filed with the court (except with respect to
a paper that is an exhibit or other evidentiary matter,
or with respect to a reference list described in this
subclause), or in any written discovery response--
``(I) by authorizing the filing under seal,
and permitting the amendment as of right under
seal, of a reference list that--
[[Page 118 STAT. 890]]
``(aa) identifies each item of
unredacted protected information that
the attorney or, if there is no
attorney, the party, certifies is
relevant to the case; and
``(bb) specifies an appropriate
redacted identifier that uniquely
corresponds to each item of unredacted
protected information listed; and
``(II) by providing that all references in the
case to the redacted identifiers in such reference
list shall be construed, without more, to refer to
the corresponding unredacted item of protected
information.
``(B)(i) Subject to clause (ii), the Judicial
Conference of the United States may issue interim rules,
and interpretive statements relating to the application
of such rules, which conform to the requirements of this
paragraph and which shall cease to have effect upon the
effective date of the rules required under subparagraph
(A).
``(ii) Pending issuance of the rules required under
subparagraph (A), any rule or order of any court, or of
the Judicial Conference, providing for the redaction of
certain categories of information in order to protect
privacy and security concerns arising from electronic
filing or electronic conversion shall comply with, and
be construed in conformity with, subparagraph (A)(iv).
``(C) <<NOTE: Deadlines. Reports.>> Not later than 1
year after the rules prescribed under subparagraph (A)
take effect, and every 2 years thereafter, the Judicial
Conference shall submit to Congress a report on the
adequacy of those rules to protect privacy and
security.''.
Approved August 2, 2004.
LEGISLATIVE HISTORY--H.R. 1303:
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HOUSE REPORTS: No. 108-239 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
Vol. 149 (2003):
Oct. 7, considered and passed House.
Vol. 150 (2004):
July 9, considered and passed
Senate.
July 13, Senate vitiated passage.
July 15, considered and passed
Senate.
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