IT Systems of the US Federal Courts, Justice, and Governance
Validity, integrity, and impacts of the IT systems of
the US federal courts have been studied as part of the Human Rights
Alert-NGO (HRA) submission for the 2015 Universal Periodic
Review (UPR) of human rights in the United States by the Human
Rights Council (HRC) of the United Nations (UN). The current
report includes overview of IT system analysis, data-mining and case
studies. System analysis and data-mining show: Development and
implementation with no lawful authority, servers of unverified
identity, invalidity in implementation of electronic signatures,
authentication instruments and procedures, authorities and
permissions; discrimination in access against the public and
unrepresented (pro se) parties and in favor of attorneys; widespread
publication of invalid judicial records and dockets, leading to their
false representation and false enforcement. A series of case studies
documents the impacts on individuals' human rights, on banking
regulation, and on international matters. Significance is discussed in
the context of various media and expert reports, which opine
unprecedented corruption of the US justice system today, and which
question, whether the US Constitution was in fact suspended. Similar
findings were previously reported in IT systems of the State of
California and the State of Israel, which were incorporated, subject to
professional HRC staff review, into the UN UPR reports (2010 and
2013). Solutions are proposed, based on the principles of publicity of
the law and the separation of power: Reliance on US IT and legal
experts under accountability to the legislative branch, enhancing
transparency, ongoing vigilance by human rights and internet
activists. IT experts should assume more prominent civic duties in the
safeguard of civil society in our era.
[1] "Simulated Legal Process", Texas Penal Code §32.48 – see full text in
online Appendices.
[2] J. Zernik, "Beyond voting machines - case management systems of the
courts - Sustain - CMS of the Los Angeles Superior Court" -
unpublished.
[3] J. Zernik, "Integrity, or lack thereof, of the electronic record systems of
the courts of the State of Israel". Appendix to the Human Rights Alert
(NGO) Submission; 15th UPR, UN HRC - State of Israel, May 10, 2012.
[4] J. Bohm, "Memorandum Opinion", in: Case of Borrower William
Parsley (05-90374), US Bankruptcy Court, Texas Eastern District, Dkt
#248, March 5, 2008.
[5] D. Linzer, "In Gitmo Opinion, Two Versions of Reality", Propublica,
April 25, 2011.
[6] J. Zernik, "Habeas Corpus in the United States - the case of Richard
Isaac Fine - Review" - unpublished.
[7] J. Zernik, "Attorney Richard Fine - dissident's false hospitalization in
Los Angeles County, California", OpEdNews.com, January 21, 2010.
[8] J. Zernik, "Design and Operation of Information Systems of the US
Courts are Linked to Failing Banking Regulation", Data Analytics 2012.
[9] J. Zernik, "Fraud and Corruption in US Courts are Tightly Linked to
Banking Fraud and the Global Economic Crisis", 16th World
Criminology Congress, 2011.
[10] J. Zernik, "ARGENTINA: Again on the verge of economic collapse -
again the victim of US treachery!", OpEdNews.com, June 30, 2014.
[11] J. Zernik, "In RE: NML Capital v The Republic of Argentina (1:08-cv-
06978): Robbing Argentina in the US court in Manhattan - fraud of
medieval style and proportions" - Opinion filed with the Government of
Argentina, September 7, 2014.
[12] "UN Human Rights Council backs Argentina on US debt row", BBC,
September 26, 2014.
[13] E. Chemerinksy, "Conservatives embrace judicial activism in campaign
finance ruling", Los Angeles Times, January 22, 2010.
[14] J. Zernik, "Duplicitous US judges: Jed Rakoff, Richard Leon",
OpEdNews.com, January 6, 2014.
[15] C. Woehrle, "Report and Recommendation", in: Richard Fine v Sheriff of
Los Angeles County (2:09-cv-01914), Dkt #26, US District Court,
California Central District, June 12, 2009.
[16] "The Prison Crisis", American Civil Liberties Union (ACLU) – a series
of reports, published on the ACLU web site.
[17] J. Filipovic, "America's private prison system is a national disgrace",
Guardian, June 13, 2013.
[18] Human Rights Alert (NGO, Submission to the UN Human Rights
Council, "The United States Human Rights Record – Allegations,
Conclusions, Recommendations", UN web site, April 8, 2010.
[19] J. Zernik, "False Imprisonments in Los Angeles County, California",
OpEdNews.com, January 18, 2010.
[20] Convention of 5 October 1961 Abolishing the Requirement of
Legalisation for Foreign Public Documents, The Hague Conference on
Private International Law.
[21] "Basel Committee membership", The Basel Committee, August 31, 2014.
[22] S. Paltrow, "Special Report: The watchdogs that didn't bark", Reuters,
December 22, 2011
[23] "Law Profs Urge Ethics Rules for Supreme Court Justices", Blog of the
Legal Times, February 24, 2011.
[24] G. Morgenson, “From East and West, Foreclosure Horror Stories”, New
York Times, January 7, 2012.
[25] "Foreclosure fraud: The homeowner nightmares continue", Fortune,
April 7, 2011
[26] P. Krugman, "Another Inside Job", New York Times, March 13, 2011
[27] "Sen. Leahy Discusses A Truth and Reconciliation Commission", Video
of Speech in Georgetown University, February 9, 2009.
[28] "Conference on the Constitutional Convention"- at Harvard Law School,
September 24-25, 2011
[29] "Tea Party and Liberals convene at HLS to discuss Constitutional
Convention" (video) October 5, 2011
[30] A. Houdek, "Has a Harvard Professor Mapped Out the Next Step for
Occupy Wall Street?". The Atlantic, November 17, 2011.
[31] A. Riva, "Jimmy Carter: US 'has no functioning democracy'", Salon,
July 19, 2013
[32] "Sovereign Citizens - A Growing Domestic Threat to Law
Enforcement", FBI, September, 2011
[33] J. Kersey, "The Freeman on the Land Movement: Grass Roots
Libertarianism in Action", Libertarian Alliance, 2010.
[34] "Well Regulated American Militias", Website
[35] M. Berman, "Bundy ranch standoff ‘invigorated’ anti-government
groups, report says", Washington Post, July 10, 2014.
[36] I. S. Messinger, "Order in The Court - History of Clerks of United States
Courts", Federal Judicial Center, 2002.
[37] L. Lessig, "Code and Other Laws of Cyberspace", Basic Books, 1999.
[38] J. Zernik, "IT Systems of the US Federal Courts, Justice, and
Governance", ICEG 2015: http://www.scribd.com/doc/248161901/
[39] Human Rights Alert (NGO) Submission and Appendix for the UPR of
Human Rights in the United States by the UN Human Rights Council,
"Large-scale fraud in IT systems of the US courts - Unannounced regime
change?", 2015. Submission: http://www.scribd.com/doc/239652334/
Appendix: http://www.scribd.com/doc/239647129/
[1] "Simulated Legal Process", Texas Penal Code §32.48 – see full text in
online Appendices.
[2] J. Zernik, "Beyond voting machines - case management systems of the
courts - Sustain - CMS of the Los Angeles Superior Court" -
unpublished.
[3] J. Zernik, "Integrity, or lack thereof, of the electronic record systems of
the courts of the State of Israel". Appendix to the Human Rights Alert
(NGO) Submission; 15th UPR, UN HRC - State of Israel, May 10, 2012.
[4] J. Bohm, "Memorandum Opinion", in: Case of Borrower William
Parsley (05-90374), US Bankruptcy Court, Texas Eastern District, Dkt
#248, March 5, 2008.
[5] D. Linzer, "In Gitmo Opinion, Two Versions of Reality", Propublica,
April 25, 2011.
[6] J. Zernik, "Habeas Corpus in the United States - the case of Richard
Isaac Fine - Review" - unpublished.
[7] J. Zernik, "Attorney Richard Fine - dissident's false hospitalization in
Los Angeles County, California", OpEdNews.com, January 21, 2010.
[8] J. Zernik, "Design and Operation of Information Systems of the US
Courts are Linked to Failing Banking Regulation", Data Analytics 2012.
[9] J. Zernik, "Fraud and Corruption in US Courts are Tightly Linked to
Banking Fraud and the Global Economic Crisis", 16th World
Criminology Congress, 2011.
[10] J. Zernik, "ARGENTINA: Again on the verge of economic collapse -
again the victim of US treachery!", OpEdNews.com, June 30, 2014.
[11] J. Zernik, "In RE: NML Capital v The Republic of Argentina (1:08-cv-
06978): Robbing Argentina in the US court in Manhattan - fraud of
medieval style and proportions" - Opinion filed with the Government of
Argentina, September 7, 2014.
[12] "UN Human Rights Council backs Argentina on US debt row", BBC,
September 26, 2014.
[13] E. Chemerinksy, "Conservatives embrace judicial activism in campaign
finance ruling", Los Angeles Times, January 22, 2010.
[14] J. Zernik, "Duplicitous US judges: Jed Rakoff, Richard Leon",
OpEdNews.com, January 6, 2014.
[15] C. Woehrle, "Report and Recommendation", in: Richard Fine v Sheriff of
Los Angeles County (2:09-cv-01914), Dkt #26, US District Court,
California Central District, June 12, 2009.
[16] "The Prison Crisis", American Civil Liberties Union (ACLU) – a series
of reports, published on the ACLU web site.
[17] J. Filipovic, "America's private prison system is a national disgrace",
Guardian, June 13, 2013.
[18] Human Rights Alert (NGO, Submission to the UN Human Rights
Council, "The United States Human Rights Record – Allegations,
Conclusions, Recommendations", UN web site, April 8, 2010.
[19] J. Zernik, "False Imprisonments in Los Angeles County, California",
OpEdNews.com, January 18, 2010.
[20] Convention of 5 October 1961 Abolishing the Requirement of
Legalisation for Foreign Public Documents, The Hague Conference on
Private International Law.
[21] "Basel Committee membership", The Basel Committee, August 31, 2014.
[22] S. Paltrow, "Special Report: The watchdogs that didn't bark", Reuters,
December 22, 2011
[23] "Law Profs Urge Ethics Rules for Supreme Court Justices", Blog of the
Legal Times, February 24, 2011.
[24] G. Morgenson, “From East and West, Foreclosure Horror Stories”, New
York Times, January 7, 2012.
[25] "Foreclosure fraud: The homeowner nightmares continue", Fortune,
April 7, 2011
[26] P. Krugman, "Another Inside Job", New York Times, March 13, 2011
[27] "Sen. Leahy Discusses A Truth and Reconciliation Commission", Video
of Speech in Georgetown University, February 9, 2009.
[28] "Conference on the Constitutional Convention"- at Harvard Law School,
September 24-25, 2011
[29] "Tea Party and Liberals convene at HLS to discuss Constitutional
Convention" (video) October 5, 2011
[30] A. Houdek, "Has a Harvard Professor Mapped Out the Next Step for
Occupy Wall Street?". The Atlantic, November 17, 2011.
[31] A. Riva, "Jimmy Carter: US 'has no functioning democracy'", Salon,
July 19, 2013
[32] "Sovereign Citizens - A Growing Domestic Threat to Law
Enforcement", FBI, September, 2011
[33] J. Kersey, "The Freeman on the Land Movement: Grass Roots
Libertarianism in Action", Libertarian Alliance, 2010.
[34] "Well Regulated American Militias", Website
[35] M. Berman, "Bundy ranch standoff ‘invigorated’ anti-government
groups, report says", Washington Post, July 10, 2014.
[36] I. S. Messinger, "Order in The Court - History of Clerks of United States
Courts", Federal Judicial Center, 2002.
[37] L. Lessig, "Code and Other Laws of Cyberspace", Basic Books, 1999.
[38] J. Zernik, "IT Systems of the US Federal Courts, Justice, and
Governance", ICEG 2015: http://www.scribd.com/doc/248161901/
[39] Human Rights Alert (NGO) Submission and Appendix for the UPR of
Human Rights in the United States by the UN Human Rights Council,
"Large-scale fraud in IT systems of the US courts - Unannounced regime
change?", 2015. Submission: http://www.scribd.com/doc/239652334/
Appendix: http://www.scribd.com/doc/239647129/
@article{"International Journal of Business, Human and Social Sciences:68872", author = "Joseph Zernik", title = "IT Systems of the US Federal Courts, Justice, and Governance", abstract = "Validity, integrity, and impacts of the IT systems of
the US federal courts have been studied as part of the Human Rights
Alert-NGO (HRA) submission for the 2015 Universal Periodic
Review (UPR) of human rights in the United States by the Human
Rights Council (HRC) of the United Nations (UN). The current
report includes overview of IT system analysis, data-mining and case
studies. System analysis and data-mining show: Development and
implementation with no lawful authority, servers of unverified
identity, invalidity in implementation of electronic signatures,
authentication instruments and procedures, authorities and
permissions; discrimination in access against the public and
unrepresented (pro se) parties and in favor of attorneys; widespread
publication of invalid judicial records and dockets, leading to their
false representation and false enforcement. A series of case studies
documents the impacts on individuals' human rights, on banking
regulation, and on international matters. Significance is discussed in
the context of various media and expert reports, which opine
unprecedented corruption of the US justice system today, and which
question, whether the US Constitution was in fact suspended. Similar
findings were previously reported in IT systems of the State of
California and the State of Israel, which were incorporated, subject to
professional HRC staff review, into the UN UPR reports (2010 and
2013). Solutions are proposed, based on the principles of publicity of
the law and the separation of power: Reliance on US IT and legal
experts under accountability to the legislative branch, enhancing
transparency, ongoing vigilance by human rights and internet
activists. IT experts should assume more prominent civic duties in the
safeguard of civil society in our era.
", keywords = "E-justice, federal courts, United States, human
rights, banking regulation.", volume = "9", number = "1", pages = "234-11", }
