Whitepaper Shows Dangers Of Online Court Hearings

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For Immediate Release

S.T.O.P. Whitepaper Shows Dangers Of Online Court Hearings During COVID-19
Warns that remote proceedings on insecure systems will undermine Americans’ rights and the rule of law.

[NEW YORK, NY, 7/23/2020] – Today, the Surveillance Technology Oversight Project (S.T.O.P.), a New York-based privacy group, released its whitepaper Virtual Justice: Online Courts During COVID-19, detailing the dangers of online court hearings during the COVID-19 crisis. The report highlights how insecure video and teleconferencing can deny Americans justice, exacerbate inequality, and erode the rule of law.

SEE: Virtual Justice: Online Courts During COVID-19
https://www.stopspying.org/virtual-justice

c|net - Going to court online is supposed to be safer. For many it's actually much worse
https://www.cnet.com/news/why-virtual-courts-put-defendants-at-a-disadvantage/

“Access to justice is our government’s most fundamental responsibility, but in this crisis, it has become even more of an afterthought,” said Surveillance Technology Oversight Project Executive Director Albert Fox Cahn. “Even as we are consumed by debates about how to reopen nearly every other aspect of public life, courts have become an afterthought. If we rush to reopen in-person proceedings, Americans will die, but if we fail to invest in the technology to provide true access to justice, millions could lose their freedom, livelihood, property, parental rights, and more. Even worse, the shortcuts we take in this emergency could easily become a permanent fixture of American life, redefining our right to trial, our right to an attorney, and the very concept of ‘due process.’”

The report warns that online courts may transform the digital divide into a justice divide, as the lack of computer access and broadband internet robs low-income litigants of their day in court. The report also examines privacy and due process concerns with online court software and the growing role of private vendors. This includes the lack of clear rules on how confidential data is collected, stored, and accessed, as well as the inability of attorneys and clients to confidentially communicate.

Key Findings:

Low-income litigants lack the computer access and internet connectivity to participate in proceeding and/or appear less truthful because of degraded audio/video quality;
Poor quality connections result in transcription and interpretation errors;
Litigants have little information on how their information is stored / shared;
Courts cannot monitor for unauthorized recordings of proceedings;
Courts face emerging risks of false testimony from “deepfake” audio/video manipulation;
Courts have reduced ability to assess witnesses’ competence and coercion;
Remote proceedings reduce judges and juries’ empathy for those before the court; and
Remote proceedings provide inadequate protections for the attorney-client privilege.

The Surveillance Technology Oversight Project is a non-profit advocacy organization and legal services provider hosted by the Urban Justice Center. S.T.O.P. litigates and advocates for privacy, fighting excessive local and state-level surveillance. Our work highlights the discriminatory impact of surveillance on Muslim Americans, immigrants, and communities of color.

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PressGuest UserJuly 23, 2020