NYT OpEd: The Epstein Files Should Never Have Been Released

Every day seems to bring new reports of financiers, academics, politicians and royalty (among others) who cozied up to Jeffrey Epstein, a convicted sex offender whose predation took a horrendous toll on innocent lives. With accountability for people in power in short supply, it can be hard to see a downside in the huge dump of documents relating to Mr. Epstein and his various associates.

But we should recognize the release of millions of pages of the Epstein files as both a sign of institutional failure and a cause for concern. If our justice system were working properly, the public would never have such access.

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When materials collected in a criminal investigation get released in bulk for public consumption, the justification for the coercive and privacy-invading tools we give investigators gets a lot weaker. Institutions claiming to protect user or customer privacy might be more likely to resist valid uses of these tools. Witnesses who would otherwise speak to investigators about sensitive matters might start to rethink whether they want to provide grist for internet searches.

We have to reckon with what happens when a huge investigative haul — with its swirling mix of gossip, casual association and possible criminal misconduct — is opened up for public viewing. The justice system should never be the only means of holding people accountable. The power of shame can be a good thing, and some reputations deserve to be tarnished. But informal accountability processes can easily slide into misuse of unfiltered source material.