118 STAT. 889 PUBLIC LAW 108–281—AUG. 2, 2004 Public Law 108–281 108th Congress An Act To amend the E Government Act of 2002 with respect to rulemaking authority of the Judicial Conference. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. RULEMAKING AUTHORITY OF JUDICIAL CONFERENCE. Section 205(c) of the E Government Act of 2002 (Public Law 107–347; 44 U.S.C. 3501 note) is amended by striking paragraph (3) and inserting the following: ‘‘(3) PRIVACY AND SECURITY CONCERNS.— ‘‘(A)(i) The Supreme Court shall prescribe rules, in accordance with sections 2072 and 2075 of title 28, United States Code, to protect privacy and security concerns relating to electronic filing of documents and the public availability under this subsection of documents filed elec tronically or converted to electronic form. ‘‘(ii) Such rules shall provide to the extent practicable for uniform treatment of privacy and security issues throughout the Federal courts. ‘‘(iii) Such rules shall take into consideration best prac tices in Federal and State courts to protect private informa tion or otherwise maintain necessary information security. ‘‘(iv) Except as provided in clause (v), to the extent that such rules provide for the redaction of certain cat egories of information in order to protect privacy and secu rity concerns, such rules shall provide that a party that wishes to file an otherwise proper document containing such protected information may file an unredacted docu ment under seal, which shall be retained by the court as part of the record, and which, at the discretion of the court and subject to any applicable rules issued in accord ance with chapter 131 of title 28, United States Code, shall be either in lieu of, or in addition to, a redacted copy in the public file. ‘‘(v) Such rules may require the use of appropriate redacted identifiers in lieu of protected information described in clause (iv) in any pleading, motion, or other paper filed with the court (except with respect to a paper that is an exhibit or other evidentiary matter, or with respect to a reference list described in this subclause), or in any written discovery response— ‘‘(I) by authorizing the filing under seal, and permitting the amendment as of right under seal, of a reference list that— Aug. 2, 2004 [H.R. 1303]
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