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Appeals court issues stay of DOI shutdown order
Thursday, March 25, 2004

The D.C. Circuit Court of Appeals on Wednesday issued a stay on the information technology preliminary injunction at the Department of Interior.

U.S. District Judge Royce Lamberth ordered the shutdown last week in response to concerns over security vulnerabilities. He endured criticism from the Bush administration, which accused him of overstepping his bounds. Yesterday, Rep. Barbara Cubin, a Republican from Wyoming, wrote him a letter to urge a reconnect.

The injunction marked the third time Lamberth has acted to protect billions of dollars in Indian trust funds. The Bush administration's appeal of his second injunction, issued in July 2003, is pending.

In response to the stay, Sen. Tom Daschle (D-S.D.) issued a statement saying he was "pleased [that] today's decision restores badly needed Internet access to BIA schools. Still, it is essential that we address the underlying problems that led to the shutdown. The Interior Department has not met its responsibility to secure Indian Trust Accounts. Critical information regarding these accounts must be safeguarded, and I urge Secretary Norton to act quickly to ensure that trust account holders' interests are protected so that no judge finds it necessary to shut down the Department's Internet service a fourth time."

Get the Story:
Court allows Interior computers to go online; Trust account information at heart of recent trouble (The Billings Gazette 3/25)
Skeptical appeals court lets Interior computers back online (AP 3/25)
Agency will restore Internet access (The Sioux Falls Argus Leader 3/25)

Relevant Documents:
Cubin Letter to Judge Lamberth (March 24, 2004)

Relevant Documents:
Daschle Letter on Internet Shutdown (March 19, 2004)

Court Decisions:
Memorandum Opinion | Preliminary Injunction

GAO Report:
Departmental Leadership Crucial to Success of Investment Reforms at Interior (September 2003)

Relevant Links:
Indian Trust: Cobell v. Norton - http://www.indiantrust.com
Cobell v. Norton, Department of Justice - http://www.usdoj.gov/civil/cases/cobell/index.htm
Indian Trust, Department of Interior - http://www.doi.gov/indiantrust

Related Stories:
DOI blames Lamberth for late royalty payments (3/24)
SIPI distance learning affected by Internet shutdown (3/23)
BIA seeks Internet access for its schools (3/23)
DOI says Internet shutdown affects BIA schools (3/18)
Judge orders DOI shutdown of Internet connections (3/16)
Computer shutdown applies to all DOI systems (3/16)
BIA shows off information technology facility (3/2)
Appeals court to hear Cobell disqualification dispute (3/1)
Anderson praises Cobell suit in NCAI speech (2/25)
Lamberth orders DOI to turn over IT reports (12/12)
DOI fares poorly on computer security report card (12/11)
Judge seeks to break impasse over trust systems (07/29)
BIA incident prompts high-level recommendation (03/27)
Court report blasts McCaleb for destroying records (01/27)
Court: McCaleb 'fabricated' e-mail story (1/24)
BIA aides circumventing court (12/16)
Martin's role in incident surfaces (12/16)
BIA aides e-mail use prompts inquiry (12/17)
McCaleb admits to e-mail 'misunderstanding' (10/23)
Burns takes on BIA problems in stride (08/23)
McCaleb gets new computer official (6/5)
Retaliation charged as BIA official jumps ship (7/25)

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