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Cobell v. Norton

December 17, 2001

ELOUISE PEPION COBELL, ET AL., PLAINTIFFS,
v.
GALE A. NORTON, SECRETARY OF THE INTERIOR, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Judge Lamberth

CONSENT ORDER REGARDING INFORMATION TECHNOLOGY SECURITY

WHEREAS, the Interior Defendants proposed this Consent Order to replace the Temporary Restraining order entered by this Court on December 5, 2001, as amended on December 6, 2001;

WHEREAS, Plaintiffs filed their Motion for Temporary Restraining Order on March 7, 2000;

WHEREAS. Plaintiffs filed their Opposition to Defendants' Motion for Clarification of Temporary Restraining Order on March 14, 2000;

WHEREAS, Plaintiffs filed their Opposition to Defendants' Consolidated Motions for an Enlargement of Time to File a Reply to Defendants' Motion for Modification of Temporary Restraining Order and to File a Response to Plaintiffs' Motion for Preliminary Injunction on March 16, 2000;

WHEREAS, Plaintiffs filed their Motion for Extension of Temporary Restraining Order on March 20, 2000;

WHEREAS, Plaintiffs filed their Consolidated Reply to Defendants' Opposition to Motion for Preliminary Injunction and Opposition to Defendants' Motion to Dissolve the Modified Temporary Restraining Order on March 28, 2000;

WHEREAS, Plaintiffs filed their Motion for Special Master to Investigate the Office of Information Resource Management for Failing to Implement Adequate Security Measures and the Interior Secretary and Her Employees' and Counsel's Related Representations and Recommend Immediate and Long-Term Corrective Action and Disciplinary Measures, As Appropriate on March 30, 2001;

WHEREAS, Plaintiffs' filed their Reply to "Secretary Norton's" Opposition to Plaintiffs' Motion For Special Master Investigation of Interior's Division of Information Resource Management and Recommendations on Corrective Action and Disciplinary Measures on May 7, 2001.

WHEREAS, Plaintiffs filed their Consolidated Motion for an Emergency Temporary Restraining Order and Motion for a Preliminary Injunction and Motion for Order to Show Cause Why Secretary Norton, Her Employees and Counsel Should Not Be Held in Contempt on May 17, 2001;

WHEREAS, in light of the information presented by Plaintiffs in these filings, the Special Master, in accordance with his authority under the Court's February 22, 1999, February 24, 1999 and August 12,1999 Orders and at the Court's request, investigated the security of the Department of the Interior's ("Interior's") trust-related information technology systems;

WHEREAS, on November 14, 2001, the Special Master issued his Report and Recommendation Regarding the Security of Trust Data at the Department of the Interior, in which he identified numerous deficiencies in the security of Interior's trust-related information technology systems and individual Indian trust data;

WHEREAS, on November 12, 2001, Electronic Data Systems issued a report, entitled Interim Information Assurance Report and Roadmap for TAAMS and BIA Data Cleanup, which provided certain short-term and long-term recommendations to improve the security of Interior's information technology systems and to protect individual Indian trust data;

WHEREAS, Plaintiffs filed their Consolidated Reply to Defendant Department of the Interior's Response to Consolidated Motion for a Temporary Restraining Order and Motion for a Preliminary Injunction and Motion for Order to Show Cause Why Secretary Norton, Her Employees and Counsel Should Not Be Held in Contempt and ...


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