This lack of definition has resulted in the concept of online obscurity being too insubstantial to serve as a helpful guide in privacy disputes. In this Article, we argue that obscurity is a critical component of online privacy, but it has not been embraced by courts and lawmakers because it has never been adequately defined or conceptualized. Yet, online obscurity has been largely ignored by courts and lawmakers. Empirical research demonstrates that Internet users rely on obscurity perhaps more than anything else to protect their privacy. On the Internet, obscure information has a minimal risk of being discovered or understood by unintended recipients. Ultimately, to properly achieve this goal, the existing common law adversarial system of information mangement will need to be supplemented by a new administrative model. This article argues that restoring an appropriate homeostasis to the judicial information eco-system, where legitimate privacy and publicity interests are both protected, does not require replacing established common law standards but it will require the adoption of new legal procedures, better use of information technologies, and more careful training of judges and lawyers. With the introduction of electonic filing, old improper sealing practices are now increasingly being exposed and criticised while the dealth of practical obscurity has caused individuals with sensitive information in court files, to be increasingly exposed to harm. At the same time, the practical obscurity of paper provided a default privacy benefit for negligently unsealed sensitive information. Under the former paper-based court record system, however, routine violations of these publcity standards were widely tolerated. Under well established law, information in court records is open to the public, but it may be sealed upon a fact-based showing either that the information is not a matter of legitimate public concern or is sufficiently sensitive to need such protection.
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