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Interior claims shutdown will cause 'grave injury'
Tuesday, October 25, 2005
The Interior Department is hoping to overturn the latest Internet shutdown order issued by U.S. District Judge Royce Lamberth.
Attorneys for Interior Secretary Gale Norton say the shutdown will cause "grave injury to the public interest." They sought, and received, a temporary stay from the D.C. Circuit Court of Appeals.
The court said it will consider a motion to halt the shutdown permanently while the appeal is considered. This would be the second time that information technology issues have gone before the D.C. Circuit.
The first time, the court vacated the shutdown order. A three-judge panel said Lamberth failed to hold a hearing to gather all the evidence. Lamberth subsequently held a 59-day trial into information technology issues this past spring. That hearing led to the latest order.
The D.C. Circuit also held that the Interior Secretary has a fiduciary duty to protect the Indian trust computer systems in order to provide an accurate accounting.
Get the Story:
For 4th Time, Judge Seeks to Shield Indian Data
(The New York Times 10/25)
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Internet Shutdown Decision:
Decision:
Cobell v. Norton (October 20, 2005)
Relevant Links:
Indian Trust: Cobell v. Norton -
http://www.indiantrust.comCobell
v. Norton, Department of Justice -
http://www.usdoj.gov/civil/cases/cobell/index.htm
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