Copyright © 2001 NLThomas
All Rights Reserved

WASHINGTON, D.C. - A federal judge, citing severe computer security problems, today ordered the Interior Department to shut down its Individual Indian Monies (IIM) trust accounting data system, and identified new contempt allegations for Interior Secretary Gale Norton for failing to act to protect the data.

U.S. District Judge Royce C. Lamberth granted a request by Indian plaintiffs to close down the system, one day after he unsealed an investigative report documenting "deplorable and inexcusable" lapses in computer security for the trust data.

Lamberth brushed aside arguments by government attorneys that the investigative report, by court-appointed Special Master Alan Balaran, showed no evidence that trust data files had been altered by unauthorized individuals or hackers. "You don’t expect a thief to leave a calling card, do you?" asked the judge.

The judge acted after government lawyers informed him that, following yesterday’s release of the report, Norton had ordered all major trust data systems temporarily disconnected from the Internet, but did not make clear that individual personal computers used by Interior employees and contractors also were vulnerable.

"The Department of the Interior does not understand this order", Justice Department lawyer Matt Fader told Lamberth as the judge issued his ruling.

"You can tell me that in your contempt trial,” Lamberth replied as he rose to leave the bench. “I don’t believe a word you’re saying now. You’re just ruining your credibility talking to me that way."

Norton already is scheduled to go on trial starting Monday, Dec. 10, for contempt for failing to implement court-ordered reforms for the trust since taking office in February and for filing false reports with the court about her department’s supposed progress. Today’s action by Lamberth indicates she will face additional contempt charges for failing to protect the trust accounting data.

Balaran’s investigative report demonstrated that Interior’s computerized accounting system for the IIM - into which $500 million a year flows in revenues from Indian-owned lands - is riddled with security flaws. With secret permission from the court, Balaran hired computer security experts this summer who hacked into the system and created an account in Balaran’s name without being detected by Interior.

A computer systems expert described the trust security system as "a monstrosity" in sealed testimony this summer, according to today’s courtroom proceedings.

Describing the accounting system as "the cornerstone of the entire trust", Dennis M. Gingold, the lead attorney for the Indian plaintiffs, told Lamberth today that the government "lied to you before and they’re lying to you now. A good trustee would shut the system down. We don’t have a good trustee. We have a trustee who doesn’t care about the trust beneficiaries. The irreparable harm here is palpable."

For media inquiries contact Philip Smith, by phone: 202-661-6350, or send e-mail to: psmith@policyimpact.com.