U.S. Courts Adopt Different Views of ‘Highly Sensitive’ Post Hack

U.S. federal courts are taking different approaches to what documents should be categorized as “highly sensitive” and kept off an electronic filing system after a cyberattack.

There’s early consensus about materials related to national intelligence or criminal surveillance, but there is less consistency after that about what to exclude from the filing and case management system known as CM/ECF, a Bloomberg Law review of orders from 17 federal courts found.

The U.S. District Court for the Eastern District of Virginia, for example, ordered any sealed documents, which are privy only to judges and lawyers, “must be filed in paper ...