Following a security audit of CM/ECF by the Department of Homeland Security, the Secretary of the Judicial Conference issued a policy directive that all federal courts start accepting highly sensitive documents (HSDs) for filing only in paper form or via a secure electronic device, and that courts store HSDs in a secure paper filing system or on a secure, standalone computer system not connected to any network. Implementation is left to each court. This administrative order establishes initial procedures to identify and ensure the security of HSDs. Modifications may be made by further administrative order or by adoption of General or Special Orders or rule changes.
- In this Circuit, HSDs are defined as: Unclassified sealed documents involving: foreign sovereign interests; criminal activity related to cybersecurity, intellectual property, or trade secrets; terrorism; investigation of public officials; potential negative impact on national security or foreign relations of the United States; and sensitive commercial information likely to be of interest to foreign powers.
- Any questions about how to proceed under this Administrative Order should be directed to the Clerk’s Office at HSD@ca9.uscourts.gov.
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