Why lawyers and the internet do not mix.
Jan. 27th, 2005 02:04 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
theweaselkingJustice Virginia Bell, of the NSW Supreme Court, has called for the internet to be purged of any material likely to prejudice a trial in order to prevent jurors conducting their own investigations into cases on which they are sitting, according to The Australian.
The judge made the proposal at a conference of Supreme and Federal court judges from across Australia, but there were apparently few takers.
Independent research by jurors is already illegal in Australia.
Judge Bell said prosecutors should comb the internet for potentially prejudicial material -- such as archives of stories mentioning persons involved in criminal cases -- and tell Australian ISPs to render the information inaccessible.
ISPs suggested that was impossible, according to the story, because much of the material was likely to reside on offshore servers -- such as search engines like Google and independent archives of newspapers, not to mention the internet archival project's comprehensive attempt to mirror the entire internet.
But Judge Bell contends that anyone serving up such material could be subject to contempt of court proceedings, regardless of where they were located.
The judge made the proposal at a conference of Supreme and Federal court judges from across Australia, but there were apparently few takers.
Independent research by jurors is already illegal in Australia.
Judge Bell said prosecutors should comb the internet for potentially prejudicial material -- such as archives of stories mentioning persons involved in criminal cases -- and tell Australian ISPs to render the information inaccessible.
ISPs suggested that was impossible, according to the story, because much of the material was likely to reside on offshore servers -- such as search engines like Google and independent archives of newspapers, not to mention the internet archival project's comprehensive attempt to mirror the entire internet.
But Judge Bell contends that anyone serving up such material could be subject to contempt of court proceedings, regardless of where they were located.