A Note on RECAP’s Commitment to Privacy
Now, an important correction. The statement raises the concern that RECAP could compromise sealed or private documents that attorneys access via the CM/ECF, the system attorneys use for electronic filing and retrieval of documents in pending cases. Protecting privacy is our top priority, and we specifically designed RECAP to safeguard the privacy of CM/ECF documents. As we describe
in our privacy FAQ, RECAP is carefully designed not to upload documents from the CM/ECF system. When a user logs into the CM/ECF system, a cookie is set on the user’s browser that’s different from the cookie that’s set when a user is logged into the public PACER system. RECAP monitors for this cookie and automatically deactivates itself whenever the user is logged into CM/ECF. We tested this thoroughly, with some CM/ECF users, before we released the public beta.
We’re confident that RECAP maintains the security model set up by the courts, and that it will never upload documents while a user is logged into CM/ECF. The code is open source, so anyone with concerns is welcome to inspect it for themselves. We’d like to work with the judiciary in the coming weeks to ensure they understand how RECAP protects privacy and security, and to incorporate any further enhancements they might suggest. In the meantime, users can continue using RECAP with the knowledge that it’s designed with privacy as our top priority.