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Cobell v. Norton

October 20, 2005

ELOUISE PEPION COBELL, ET AL., ON HER OWN BEHALF AND ON BEHALF OF ALL THOSE SIMILARLY SITUATED, PLAINTIFFS,
v.
GALE NORTON, SECRETARY OF THE INTERIOR, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Royce C. Lamberth, United States District Judge

PRELIMINARY INJUNCTION

In accordance with the memorandum opinion issued this date, and upon consideration of the Plaintiffs' Motion [2926] for a Preliminary Injunction, the opposition thereto, the reply brief, the applicable law, and the proceedings at the Evidentiary Hearing conducted by the Court on this matter, it is hereby

ORDERED that the Plaintiffs' Motion [2926] for a Preliminary Injunction is GRANTED; and it is further

ORDERED that the Court hereby enters the following Preliminary Injunction.

I. Definitions

For purposes of this Order only, the following definitions apply:

A. Information Technology System-Any computer, server, equipment, device, network, intranet, enclave, or application, or any subsystem thereof, that is used by Interior or any of its employees, agents, contractors, or other third parties in the electronic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or other information, including without limitation computers, wireless devices (e.g. Blackberrys) and networks, voice over the Internet protocol (VOIP), ancillary equipment, devices, or similar services or protocols, including support services, software, firmware, and related resources.

B. Individual Indian Trust Assets-Lands, natural resources, monies or other assets held in trust by the Federal Government for the benefit of individual Indians or lands, natural resources, or other assets that are or were restricted against alienation for individual Indians.

C. Management-Actions that control, govern, administer, supervise, or regulate the custody, use, or disposition of Individual Indian Trust Assets.

D. Federal Record-This term is defined in 44 U.S.C. § 3301, and includes all documentary materials, regardless of physical form or characteristics, made or received under Federal law or in the transaction of public business and preserved or are appropriate for preservation as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities or because of the informational value in them.

E. Individual Indian Trust Data-Information stored in, or transmitted by or through, any Information Technology System that evidences, embodies, refers to, or relates to-directly or indirectly and generally or specifically-a Federal Record that reflects the existence of Individual Indian Trust Assets, and that at any time either:

(1) has been, or is now, used in the Management of Individual Indian Trust Assets; (2) is a title or ownership record; (3) reflects the collection, deposit, and/or disbursement or withdrawal of income or interest-imputed or actual-relating to Individual Indian Trust Assets whether or not such assets are held in a particular account or are identifiable to any particular individual Indian trust beneficiary by name, number, or other specific identifier; (4) reflects a communication with, or on behalf of, an individual Indian trust beneficiary; or (5) has been, or is now: (a) created for, or by, Interior or any bureau, office, agency, agent, or contractor thereof, or for, or by a Tribe in connection with the Management of Individual Indian Trust Assets; (b) provided to, or received by, Interior or any such bureau, office, agency, agent, or contractor thereof, or any Tribe, for use in the Management of Individual Indian Trust Assets, and (c) used or housed by Interior or any such bureau, office, agency, agent, or contractor thereof, or any Tribe, in connection with the government's Management of Individual Indian Trust Assets.

F. House-The storage by electronic means of Individual ...


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