CM/ECF filers should be aware of the potential to inadvertently share restricted documents when using third-party services or software (e.g., PACER Pro, DocketBird, CourtDrive, RECAP, etc.) With the implementation of the new Central Sign-On functionality in the Next Generation (NextGen) of CM/ECF, filers now access PACER and NextGen CM/ECF systems using a single PACER account. If attorneys share these account credentials with a third-party service provider or designating that provider as a secondary recipient of a Notice of Electronic Filing or Notice of Docket Activity (NEF/NDA), the provider would be able to access restricted documents (including sealed documents) to which the filer has access. If the third-party service providers place the restricted documents they obtain in internet repositories, other users of the third-party service or software may access the documents and/or make them publicly available. CM/ECF filers are urged to use caution in computer security practices to ensure that sealed documents to which you have access are not disclosed. Fee exempt users should not share the documents they obtain from PACER under the exemption, unless expressly authorized by the court.
Tuesday, February 5, 2019