Befuddling that this happened again. It’s not the first time - Paul Manafort court filing (U.S., 2019) Manafort’s lawyers filed a PDF where the “redacted” parts were basically black highlighting/boxes over live text. Reporters could recover the hidden text (e.g., via copy/paste). - TSA “Standard Operating Procedures” manual (U.S., 2009) A publicly posted TSA screening document used black rectangles that did not remov…
> - Associated Press + Facebook valuation estimate in court transcript (U.S., 2009) The AP reported it could read “redacted” portions of a court transcript by cut-and-paste (classic overlay-style failure). Secondary coverage notes the mechanism explicitly. What happens in a court case when this occurs? Does the receiving party get to review and use the redacted information (assuming it’s not gagged by other means) or…
Typically, two copies of a redacted document are submitted via ECF. One is an unredacted but sealed copy that is visible to the judge and all parties to the case. The other is a redacted copy that is visible to the general public.
So, to answer what I believe to be your question: the opposing party in a case would typically have an unredacted copy regardless of whether information is leaked to the general public via improper redaction, so the issue you raise is moot.