At this writing the infamous Edward Snowden is still holed up in a Moscow airport seeking asylum, and the debate over our government's privacy impositions rages on. The National Security Agency program illegally disclosed by Snowden apparently involved only limited access to actual message content, but the program's privacy implications clearly struck a chord of public concern.
Meanwhile, two new proposals affecting New York practitioners may afford some modest new privacy protections, while at the same time demonstrating the court system's difficulty in grappling with modern privacy problems. The first proposal, which has passed the Senate and Assembly but has not yet been signed by the governor, is to make protective orders under CPLR 3103 available to non-parties "about whom" discovery is sought.1 The second is a proposed new rule (not yet adopted) to keep certain private information, such as social security numbers, out of filed court papers.2
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