U.S. states disagree about online access to court records.

In the debate over posting court and criminal records online, states and counties are taking sides. Some say courts should release everything for all to see. Others argue that posting such records online is acceptable only if they are edited to remove personally identifiable information such as birth date and Social Security number-data that is very helpful to identity thieves. Still others do not consider posting records online acceptable at all because it gives strangers open, quick access to individuals' personal records.

In February, the Maryland Court of Appeals adopted rules designed to provide the general public with wide access to state court records in both paper and electronic form. With the rules, which go into effect October 1, the court limited access to certain personal information, such as Social Security numbers. Representatives from the credit and data mining industries opposed restricting this information, arguing that such restrictions did not allow them access to accurate data for use in collecting outstanding debts, nor did it allow employers access to useful data for background checks. Privacy advocates, however, said the rules provide public access that is in the public interest.

Other states have taken similar steps. The New York State Court System's Commission on Public Access to Court Records recently issued recommendations that criminal and civil records be made available on the Internet over the next five years, with safeguards designed to protect individual privacy. For exam pie, cases related to matrimonial actions and sealed case files will not be available. Social Security numbers, financial account information, birth dates, and children's names will not be available either. Representatives for sexual assault victims will be responsible for ensuring victim names are omitted from the records.

A recent Florida Supreme Court ruling effectively ended Internet access to documents in court cases. The ruling amended a November Florida Supreme Court order that limited access and forced many clerks' offices to go dark and eliminate their Web sites completely. Prior to this action, civil and criminal court documents had been available on many Florida county Web sites. With a few mouse clicks, users could follow the progress of a case and see electronic copies of police reports, lawyer's motions, and verdict forms, which are all public records. But the court's decision has prevented clerks from electronically posting the criminal and civil court records online.

The new order means the public will no longer have access to most criminal and civil documents. Anyone who wants a record must contact the clerk's office and ask to have the record e-mailed, or visit the courthouse in person. Court dockets, which list significant facts and events, and traffic tickets will still be available online. Attorneys, law enforcement, and government agencies will still have electronic access to court records. The chief justice of each judicial circuit also can release records that are deemed to be "of significant public interest."

The Florida Supreme Court order is in effect until a committee draws up new rules for electronic access to records--but that is not set to happen before July 2005.