Opinion
Criminal No. 01-455-A
January 24, 2003
ORDER
In our Order of August 28, 2002, we granted the defendant's request for access to the discovery website hosted by the Federal Public Defender ("FPD"), but withheld enforcement of the Order until we received assurance that the defendant would not be able use the website connection to access the Internet or any site other than the one maintained by the FPD. After reviewing the security measures proposed in standby counsel's letters of October 31 and December 13, 2002, and having those measures reviewed by the Office of Information Technology of the Administrative Office of the United States Courts ("AO"), we find that the defendant's connection to the FPD's discovery website may be safely implemented in accordance with the modifications proposed in the AO's letters of November 27, 2002 and January 6, 2003. Therefore, it is hereby
For security reasons, all correspondence concerning the logistics of the defendant's access to the FPD's discovery website is under seal.
ORDERED that the FPD coordinate with the United States Marshals Service and officials at the Alexandria Adult Detention Center to arrange for the prompt installation of the appropriate connectivity lines, hardware and software to enable the defendant to have access to the discovery website; and it is further
ORDERED that the defendant may not have access to the user-writeable comment field; and it is further
ORDERED that the FPD immediately suspend the defendant's access to the discovery website in the event of any security breach or abnormal activity, and advise the Court forthwith of any such security breach or abnormal activity; and it is further
ORDERED that, in the event of any such security breach or abnormal activity, the defendant's access to the discovery website may not be reinstated until and unless the Court is satisfied that the defendant's further use of the site will be secure; and it is further
ORDERED that the FPD submit a monthly ex parte "security" report to the Court, which must include any changes in personnel accessing the discovery website, changes in Mr. Moussaoui's habits on the site, summaries of all security reviews and any security breaches or abnormal activity occurring on the site, and the identity of the individual(s) conducting the security reviews.
The Clerk is directed to forward copies of this Order to the defendant, pro se; counsel for the United States; standby defense counsel; and the United States Marshal.