Business Digital

Archive for May, 2011

The Center For Democracy & Technology conducts surveys of the practices of federal, state and local courts in making information public via the Internet. It finds a wide variety of practices and policies, and an important, nearly singular trend. Courts and other government background check services are making their records available to anyone via the Internet, often for free.

Free background checks are being offered by many government sources. Are background checks becoming an “open source” service?

Governments are making records available that span statewide background check services to many instances of single jurisdictions, such as county-level courts, providing Internet access to their records. Some governments provide access to both criminal and civil records while others restrict users’ access to records that may contain sensitive background check information. And while some governments offer free comprehensive access to their background check services, many others charge users a range of fees for Internet access.

On the one hand, moving to post background check services to the Internet represents a hushed upheaval in transparency and accountability for both individuals and government, part of a rapidly shifting social reality. Public access to electronic court background check services provides a convenient way for the public to broaden government checks and balances and ensure the fairness and equality of its operations.

Concurrent to the trend towards background check transparency, governments are struggling to find balance, such as balancing privacy and accountability. What information should be available Internet? Many governments make judicial opinions at the appellate levels freely available Internet but do not offer Internet access to trial court proceedings, which generally contain more detailed and sensitive evidence. Others offer access to trial court dockets and a variety of other information at the trial level. Should a distinction be drawn between civil cases and criminal background check access? Another set of issues concern cost. Is it appropriate to charge for Internet access? Does a subscription or fee-based system unfairly discriminate against those who cannot afford fees for background check services? Do fees exclude everyday citizens? Questions like these pose a significant challenge to governments attempting to design background check services.