8/28/2010 Human Rights in the Digital Era - Publi…

Joseph Zernik
LA Business Headlines Examiner

Human Rights in the Digital Era - Publicly Accountable

Validation of Computers of the Justice System
May 10th, 2010 7:02 am PT

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Transition of the US courts from paper-based administration to one

based on digital records was an event of historic proportions.
Accordingly it was accompanied by sea change in court procedures,
such which have evolved over centuries as key safeguards for integrity
of the courts. Failure to manage the transition in compliance with the
law resulted in major deficiencies in the US courts today, which were
claimed as key factor in precipitous deterioration of integrity of the
courts and Human Rights in the US in recent decades.
Human Rights Alert (NGO)
In April 2010 report, [1] filed with the United Nations by Human Rights Photo: (Photo: Human Rights Alert)
Alert (NGO), large-scale fraud was alleged in the United States courts
online public access (PACER) and case management (CM/ECF) systems. The essence of the alleged
fraud was and is: (a) In the failure of the courts to spell out in Rules of Court their new verification and
authentication procedures, as required by law; (b) In the omission of all authentication records (NEFs -
Notices of Electronic Filing and NDAs - Notices of Docket Activity) from public access in PACER - such
records are today accessible only in CM/ECF, and there too - only to counsel authorized in a given
caption; (c) Denial of public access to such authentication records of the US courts, even upon request to
access court records - to inspect and to copy - pursuant to First Amendment rights and Nixon v Warner
Communications, Inc (1978); (d) Routine issuance by the US courts of minutes, orders, judgments, and
mandates with no authentication at all. Such records, which are deemed by the courts themselves as void,
not voidable, are posted in PACER as "entered" – was part of false and deliberately misleading PACER
court dockets.

Such fraud was alleged as the enabling tool for routine abuse of Human Rights at the United States courts
in both civil and criminal litigations. For example, such fraud was alleged as having effectively denied
access to the US courts in the habeas corpus and related petitions and appeal of the falsely hospitalized,
70 yo, former US prosecutor Richard Fine, [2] [3] As detailed in papers filed with the US Supreme Court in
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Fine v Sheriff (09-A827), such fraud was also alleged as a routine in litigations involving large financial
institutions, undermining effective banking regulation in the United States. [4] The papers also provided
documentation of inexplicable discrepancies in the above referenced caption between the online public
access records and the true court file records of the US Supreme Court itself. [5] However, such papers
were omitted from the docket of the US Supreme Court with no authority and with no notation at all. [6]

Similar fraud was alleged in the online public access and case management systems of various
correctional institutions, particularly in Los Angeles County, California, where the online public access
system was demonstrated as showing no valid records, or no records at all, for approximately half of the
inmates, where the case of Richard Fine was but one example. [7]

The solution proposed in the submission to the United Nations: Publicly accountable validation (certified
functional logic verification) of online public access and case management systems of the justice system,
and strict enforcement of the law - Rulemaking Enabling Act and First Amendment right to access court
records - on the US courts themselves...

Although such deficiencies were first analyzed in the US courts, it is expected that similar problems may
arise in any nation where the justice system transitions to digital records based administration. [8]
Therefore, the November 2010 the 2010 UPR (Universal Periodic Review) of Human Rights in the United
States by the United Nations, pending November 2010, may serve as a wake up call new safeguard for
Human Rights in the digital era worldwide.

LINKS:

[1] April 2010 report filed with the United Nations by Human Rights Alert (NGO):
a) Press Release:
http://www.scribd.com/doc/30200004/
b) Report
http://www.scribd.com/doc/30147583/
c) Appendix:
http://www.scribd.com/doc/30163613/
d) UPR Tool Kit by the Urban Justice Center:
http://www.scribd.com/doc/29867561/

[2] Richard Fine - a Review

http://www.scribd.com/doc/24729084/
[3] Please sign the petition: Free Richard Fine:
http://www.thepetitionsite.com/1/free-fine

[4] April 23, 2010 US Supreme Court conference in Fine v Sheriff (09-A827) - Motion to Intervene and
related papers filed by Dr Joseph Zernik
a) http://www.scribd.com/doc/30161573/
b) http://www.scribd.com/doc/30161636/
c) http://www.scribd.com/doc/30162109/
d) http://www.scribd.com/doc/30162144/
e) http://www.scribd.com/doc/30161692/
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f) http://www.scribd.com/doc/30185575/

[5] March 12, 2010 purported denial by Associate Justice Kennedy of Fine's Application in Fine v Sheriff
(09-A827) - Inexplicable records of the US Supreme Court
a) http://www.scribd.com/doc/30306342/
b) http://www.scribd.com/doc/30304940/
c) http://www.scribd.com/doc/30306238/
d) http://www.scribd.com/doc/30325195/

[6] April 23, 2010 denial by US Supreme Court conference of Fine v Sheriff (09-A827) - Omission of
Papers filed by Dr Joseph Zernik from the US Supreme Court Docket with no notation at all.
a) http://www.scribd.com/doc/30304657/
b) http://www.scribd.com/doc/30428469/
c) http://www.scribd.com/doc/30366354/

[7] Online public access and case management system (CMS) of the sheriff’s Department, Los Angeles
County, California: Large scale false imprisonments in Los Angeles County, California are alleged through
holding of inmates based on false records, routinely posted by the Sheriff’s Department in its online public
access system “Inmate Information Center”, while denying access to the true arrest and booking records,
which are public records by California Public Records Act – GOVT. CODE §§ 6250 - 6276.48
a) Data Survey
http://www.scribd.com/doc/24809956/
b) Data Survey
http://www.scribd.com/doc/25064776/
c) Data Survey
http://www.scribd.com/doc/24816245/
d) Data Survey
http://www.scribd.com/doc/28350775/
e) Data Survey
http://www.scribd.com/doc/25315610/
f) Addendum to Complaint filed with the Sheriff’s Department – alleged fraud in Booking
Terminals
http://www.scribd.com/doc/28322231/

[8] January 2010 inexplicable features in new case management system introduced in the Israeli courts:
http://www.scribd.com/doc/31135733/

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