Federal district courts are beginning to implement new approaches to guard confidential information in cases following a breach of the electronic databases used in the judiciary.
The policy changes move an already vulnerable and antiquated record-keeping system to paper-only filings in some instances after a major cyber security breach of federal court records this summer that may have been perpetrated by a foreign government.
Federal courts that have announced changes to how attorneys make sealed filings include are in Washington state, Florida, New York, Maryland and Virginia, representing only a small portion of the business of the federal judiciary across the country.
Stanley Bastian, the chief judge of the Eastern District of Washington federal court, which includes the cities of Spokane and Yakima, ordered that as of this week, all documents being filed in that court under seal or for a judge’s review only were to be filed only on paper, as “the best way to secure sensitive case documents while ensuring continued access to all public court records.”
In the Southern District of Florida, including Miami and West Palm Beach, Chief Judge Cecilia Altonaga ordered that attorneys send in confidential filings in an even more specific way: by delivering pages to the clerk’s office in a plain envelope marked “SEALED DOCUMENT.”
Chief Judge Mark Davis of the Eastern District of Virginia, which presides over Northern Virginia, the Tidewater area and Richmond, also directed his courthouse to only accept sensitive filings on paper.
“In response to recent cyberattacks directed at public and private sector computer systems, including attacks directed at the judiciary, information technology specialists have advised this Court of the need to take additional steps to better secure our case management system,” Davis wrote in an order late last month. “Public users enjoy direct access to this Court’s electronic filing system through PACER and CM/ECF, and while this access creates cybersecurity vulnerabilities, there is a vital need to preserve the integrity of this critical public resource.”
In Maryland, attorneys can submit sealed filings on paper in person or via US mail, Chief Judge George Russell III said in an order this week.
The chief judge in Brooklyn’s federal court also changed filing procedures for the Eastern District of New York, setting up a submission process online outside of the case management/electronic filing system (also known as CM/ECF) that the court uses.
While sealed filings can be submitted by attorneys electronically to a court, generally aren’t able to be viewed by the public in the federal court records database online, called Pacer. They are often used in criminal cases to protect sensitive information about defendants, victims or others under investigation.
The Administrative Office of the US Courts, which is the central administrator for the judicial branch of government, said last week it was working to further enhance security to prevent future attacks and protect sensitive documents. But it is up to each court to set their own policies for intaking filings.
Officials working in the courts have long warned the systems could be vulnerable to cyber attacks.
Trump: ‘Are you surprised?’
The New York Times reported that investigators have found evidence the Kremlin was “at least partly responsible” in the recent breach of the federal case management system. CNN has not independently confirmed this report.
However, President Donald Trump on Wednesday reacted to the alleged Russian involvement, saying, “Are you surprised?”
“That’s what they do. They’re good at it. We’re good at it. We’re actually better at it,” the president told reporters at the Kennedy Center in Washington, DC.
Asked whether he would raise the incident with Russian President Vladimir Putin when he meets with him in Alaska on Friday, Trump said: “I guess I could.”
CNN’s John Fritze contributed to this report.
For more CNN news and newsletters create an account at CNN.com
