The PACER filing platform experienced a severe cyberattack, detected about a month ago, which allowed hackers to breach the system and potentially expose confidential informants' identities, sealed documents, and warrants. Michael Scudder highlighted the need for modernization, stating that PACER and CM/ECF are outdated and unsustainable amidst growing cyber risks. Security threats facing the federal judiciary are notably serious, and critics argue against the continuation of paid access to public records, pointing to historical negligence that failed to secure the system despite accumulating fees.
The breaches took place over a month ago, with the Administrative Office of the U.S. Courts first coming to grips with the severity of the attack around July 4.
It's believed to have revealed the identities of confidential informants, and hackers getting inside the system can also access documents under seal and potentially see warrants before they're executed.
Michael Scudder noted that CM/ECF and PACER are outdated, unsustainable due to cyber risks, and require replacement, highlighting the unrelenting security threats the federal judiciary faces.
Opponents of free PACER may argue that courts should continue to charge fees for public records, but it proved ineffective to keep the system secure against escalating cyber risks.
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