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					              Case 1:11-mj-00172-C Document 10            Filed 07/21/11 Page 1 of 2



                      IN THE UNITED STATED DISTRICT COURT
                     FOR THE SOUTHERN DISTRICT OF ALABAMA
                               SOUTHERN DIVISION

UNITED STATES OF AMERICA                          )
                                                  )
v.                                                )           MJ NO. 11-00172-C
                                                  )
CHRISTOPHER WAYNE COOPER                          )
     aka Anthrophobic                             )


          UNITED STATES’ MOTION TO MODIFY CONDITION OF RELEASE

        COMES NOW the United States of America, by and through Kenyen R. Brown, the

United States Attorney for the Southern District of Alabama, and respectfully moves that the

Court modify the condition of release imposed with respect to the defendant’s computer

activities.

        At the request of the United States, and with the consent of the defendant, the Court

imposed a condition of defendant’s release that he “[c]onsent to the installation of computer

monitoring software by the FBI on all personal computers.” Doc. 7 at ¶ (8)(r). While the FBI has

the capability to monitor computer activity, such tools and techniques are neither approved nor

appropriate for use in the context of monitoring a defendant on pretrial release as contemplated

by the Court’s order. The United States apologizes for the confusion, and submits that the

request and representations made during the initial hearing were passed along from the lead

prosecutors and agents in California, where pretrial procedures differ substantially from those in

this district. Because there is no practical method for appropriately monitoring the defendant’s

computer usage, the United States requests that the conditions of release be modified to require

that the defendant not use or have access to the internet or any internet-capable device, as is

standard in this district in cases where a defendant is accused of committing a crime via the
             Case 1:11-mj-00172-C Document 10             Filed 07/21/11 Page 2 of 2



internaet.

        Respectfully submitted this 21st day of July, 2011.



                                                      KENYEN R. BROWN
                                                      UNITED STATES ATTORNEY
                                                      By:

                                                       /s/ Sean P. Costello
                                                      Sean P. Costello (COSTS3753)
                                                      Assistant United States Attorney
                                                      United States Attorney’s Office
                                                      63 South Royal Street, Suite 600
                                                      Mobile, Alabama 36602
                                                      Telephone: (251) 441-5845
                                                      Facsimile: (251) 441-5131

                                 CERTIFICATE OF SERVICE

       I hereby certify that on July 21, 2011, I electronically filed the foregoing with the Clerk of
Court using the CM/ECF system, which will send notification of such filing to defense counsel.


                                                      /s/ Sean P. Costello
                                                      Sean P. Costello
                                                      Assistant United States Attorney




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