Recommended Reading and White Papers
The following whitepapers, news articles and testimony effectively frame the public policy issues surrounding access to public records and are referred to throughout this website. These resources are recommended by CSPRA to foster understanding about this complex issue.
Whitepapers
Open Public Records: The Fountain of Truth (PDF, 276k)
A functioning, market-based democracy is fueled by truth, depends on truth, and is best regulated by truth. Our democracy was founded on this principle. It was subsequently enshrined in the First Amendment to our Constitution and it is woven throughout our laws, culture, and economy. Truth has been one of the defining and historical differences that set the American experience apart, fueling our successes. When it has been ignored, we have experienced some of our most damaging and ignominious failures.
Social Security Numbers, Public Records, and Identiry Theft: Just say "NO"to Redaction (PDF, 530k)
There is a very important principle to understand that applies directly to the discussion of the use of Social Security Numbers (SSNs) and whether this information should be removed from public documents. This principle is neither controversial nor complicated and should be very easily grasped by almost anyone.
The principle is: Identity information cannot be both public and secret.
Public Benefits from Open Public Records (PDF, 112k)
Open access to public records serves many valuable purposes, ranging from providing the public with the information it needs to select and oversee the government to providing the critical infrastructure of our information economy.
Important Uses of Social Security Numbers (SSNs) by Businesses and Government Agencies
The Limits of Opt-In (PDF, 106k)
Federal and state laws guarantee individuals the right to "opt out" of certain uses of their personal information.
Consumer Benefits from Open Public Records (PDF, 92k)
Open access to public records serves many valuable purposes in our democracy and provides many public benefits, ranging from preventing and detecting crime to locating missing children.
Identity Theft (PDF, 109k)
"Identity theft" presents an inherent conundrum: The very attributes of modern commerce that consumers value and expect-rapid, easy, 24-hour access to a wide variety of innovative products, services, and information-make identity theft easy to perpetrate and difficult to detect. Similarly, the most effective tools for preventing and detecting identity theft often interfere with that speed and convenience.
Privacy Paradox (PDF, 107k)
The open flow of information is under attack in the United States, as never before, in an effort to protect privacy.
The Public Record: Information Privacy and Access (PDF, 427k)
Co-authored by Fred H. Cate and Richard J. Varn.
Testimony
Dissenting Statement of Donna Bergsgaard, submitted to the Supreme Court Advisory Committee on the Rules of Public Access to Records of the Judicial Branch, May 2004.
Testimony of Fred H. Cate before the New Jersey Privacy Study Commission, November 12, 2003.
Testimony of Fred H. Cate (PDF, 87K) before the Subcommittee on Financial Institutions and Consumer Credit Committee on Banking and Financial Services, U.S. House of Representatives, July 20, 1999.
News Articles
Background checks might be worth the price, by Rick Brundrett
Center for Missing Children Provided Link, by Patricia Davis and Josh White
