Electronic Filing in the Federal Appellate Courts

Abstract

tions may be a valid and necessary recognition of changes in the way that valuable information is disseminated in the digital age, but it threatens to impose substantial burdens on the courts that must contend with its contours. Balancing tests typically require more-searching review of facts and law than categorical exclusions, and exer cise of the privilege itself may have significant effects on the reach of civil discovery. In addition, the ease with which digitally represented information can be forwarded and spread threatens to multiply contentions over discovery issues, j sj