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Lawmaker Wants To Limit Access To Online Court Records

Representative Says Internet Site Invades Privacy

UPDATED: 8:03 am CDT October 5, 2007

Rep. Marlin Schneider proposed a bill that would allow only police, judges, prosecutors and reporters to log on to the Wisconsin Circuit Court Access site, commonly referred to as "CCAP."

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Anyone else looking for online access would have to ask special permission from district attorneys or court clerks. Records would still be available to the public at court offices, WISC-TV reported.

"It is time to put restrictions on this system to protect the innocent," Schneider said.

The Wisconsin Rapids Democrat said the general public shouldn't be able to look up court records to snoop on individuals' backgrounds.

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Should online access to CCAP be limited?

The Web site lists detailed information about criminal and civil cases, court dates, convictions and sentences, all at the click of a mouse. It gets about a million hits a day. It's a tool used by court officials as well as the media. But everyone can use it, for any reason.

"CCAP was never designed or intended to instigate or be a form of punishment; rather, only intended to be for the seamless administration of the court system in Wisconsin," Schneider said.

But Taylor County Judge Gary Carlson, who served on the CCAP Creation Committee, said that people should be able to find out if someone served time. He said public records are public whether it's on the Internet or a hard-copy file.

"These are public records. These are the people's records. They're not mine. They're not yours," Carlson said. "The people have paid for these records. They own them. They're their records. And they're entitled to see what is going on in their court system."

The Web site tracks the criminal records of people arrested in Wisconsin, but Schneider said it is also used to snoop on the innocent and to steal identities.

"It is unforgiving. It will haunt you forever. The computer haunts you forever no matter what else has happened," Schneider said.

But critics said that the Web site has only basic information -- it doesn't include Social Security numbers -- so it doesn't make identity theft any easier.

A year ago, state court officials added disclaimers clarifying whether people were innocent or guilty. They also reduced the number of years traffic and forfeiture cases are posted, WISC-TV reported.

But Schneider said those changes didn't go far enough. Schneider sat on an oversight committee that recommended the changes.

Open information advocates and the attorney general are among those opposing his proposal.

Some Use CCAP To Screen Dates

Some who use CCAP to look up someone's court history said they use the Web site as a safety precaution to check if a potential mate has a criminal background.

Some college students said that they are accustomed to checking the Web site to screen dates and that it has helped uncover some red flags.

"(I found) a misdemeanor or felony for exposing his genitalia to a child or something. I was like, 'Oh!'" said Jocelyn Gilbert, a graduate student at University of Wisconsin-Madison.

But rape crisis experts warned that there isn't always a record to follow for a warning, online or on paper. Experts said that most sexual assaults are perpetrated by someone the victim knows or might not think to question.

"It's certainly not a bad thing to do, but what we worry about is the vast majority of sex assault perpetrators are never caught. They are never tried and convicted, and they are not going to be on CCAP," said Kelly Anderson, director of the Dane County Rape Crisis Center.

Anderson said that the best way to check out a prospective date is a gut-check. Anderson said that if a date makes you feel uncomfortable or doesn't respect your boundaries, that's all the warning needed and you should leave.



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