More work needed on electronic filing

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Two-factor authentication for electronic filing in state courts was introduced in May of this year. As a spokesperson for the judiciary reported at the time, it was designed “to protect those who use the judiciary’s electronic filing systems from a potential cyber attack and to reduce the possibility of system disruption. “. Lawyers expressed concern that this process ignored the reality of how filing is done by many lawyers. In August, the judiciary changed two-factor authentication to allow multiple cellphones and email addresses to be associated with a lawyer, who is supposed to address concerns. While this may make it easier for a lawyer’s assistant to file documents, it still does not fully take into account situations where the designated person (s) are also not available. To a certain extent, this remains a cumbersome procedure and takes away the flexibility to deal with the various situations that may arise.

Electronic filing across the federal court system and in New York City does not yet require this two-step validation. Nevertheless, we recognize the security concerns and that more and more entities – universities, private companies (including law firms) and others are moving towards a two-step validation process.


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