United States District Court, W.D. Washington, Seattle
S. FRIEDMAN, FRANCIS FRANZE-NAKAMURA Assistant United States
ANTHONY TEELUCKSINGH, Trial Attorney Computer Crime and
Intellectual Property Section
S. LASNIK, UNITED STATES DISTRICT JUDGE
matter, having come before the Court on a Stipulated Motion
for Entry of a Protective Order, the Court hereby enters the
Pursuant to Federal Rule of Criminal Procedure 16(d)(1), this
Protective Order governs all discovery material in any format
(written or electronic) that is produced by the United States
in discovery in the above captioned case.
"Defense Team" shall be limited to attorneys of
record for the defendant and any of the following people
working on this matter under the supervision of the attorneys
of record: attorneys, investigators, paralegals, law clerks,
testifying and consulting computer forensic experts, and
legal assistants. For purposes of this Order, the
"Defense Team" does not include Defendant.
Defendant's attorneys shall inform any member of the
Defense Team to whom disclosure of discovery material is made
of the existence and terms of this Protective Order. Members
of the Defense Team shall not provide copies of any discovery
material to any persons outside of the Defense Team other
than the Defendant.
discovery material produced by the United States shall only
be used for the purpose of preparing a defense to the charges
in this action, and not for any literary, commercial, or
other purpose. Members of the Defense Team may review
discovery material with witnesses for purposes of trial
preparation. The Defense Team is aware that some of the
discovery material may contain malware and other pernicious
discovery in this case is voluminous, and many of these
materials and documents include (1) personally identifiable
information (PII); (2) "electronic contraband"; and
(3) "law enforcement sensitive" materials related
to ongoing investigations.
a. PII includes, but is not limited to, information such as
such as payment card numbers, cell phone IMEI numbers, Social
Security numbers, driver's license numbers, dates of
birth, addresses, email addresses, mothers' maiden names,
passwords, financial lines of credit numbers, bank account
numbers, and personal identification numbers.
b. "Electronic contraband" shall mean malware and
surveillance files generated by the malware, account numbers
and passwords, vulnerabilities, internal network information,
and non-public IP addresses of servers which contain, or
which there is a reasonable basis to believe contain, any of
the information, files or data described above.
c. "Law enforcement sensitive" materials include
communications, reports, and other materials that relate to
ongoing investigations or ongoing matters occurring before
the grand jury, in addition to statements given by any
cooperating witnesses, and documents evincing any agreement
to cooperate by any such witnesses.
Redacting the discovery to delete the above material would
unnecessarily delay the disclosure of discovery to the
defendant and would frustrate the intent of the discovery
Discovery material designated by the government as
"Protected Material" may only be possessed by the
Defense Team. The "Protected Material" designation
shall only be used to limit the distribution of discovery
containing PII, electronic contraband, or law enforcement
sensitive material. The Defense Team may not provide copies
of Protected Material to any other person, including
Defendant. This order, however, does not prohibit the ...