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ARTICLE · 14 JANUARY 2021

Judiciary Responds To Cybersecurity Breach: New Procedure Enacted To Safeguard Highly Sensitive Documents

The Administrative Office of the United States Courts announced new security procedures to protect confidential filings on Wednesday, January 6, 2021.

United StatesTechnology

The Administrative Office of the United States Courts announced new security procedures to protect confidential filings on Wednesday, January 6, 2021. The changes come in the wake of a massive cybersecurity breach identified in December 2020. The breach involved a known compromise of third-party provider products, and has affected a number of federal agencies, including the Departments of Energy, Commerce, State, and Treasury. The Judiciary uses an impacted product for IT network monitoring and management and; consequently, its online filing system has been jeopardized.

In response to an emergency directive from the Department of Homeland Security, the Judiciary has suspended all national and local use of the Case Management/Electronic Case Files System (“CM/ECF”) with respect to highly sensitive documents (“HSDs”). Under the new procedure, HSDs filed in federal court will be accepted for filing only in paper form or via a secure electronic device, such as a USB

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