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Department of Justice

United States Attorney

Southern District of New York

33 Whitehall Street
fJew York, New rork 10004

July 29, 2003

Desmond T. Barry, Jr., Esq.
Condon & Forsyth
685 Third Avenue, 14th Floor
New York, New York 10017

Re: in Re September 11 Tore Litigation

21 MC 97 (AKH)
Dear Mr. Barry:

We write in response to your letter dated June 20,

2003, which replied to our letter of April 16, 2003. At issue is
the request by the Aviation Defendants (as defined in your June
20 letter) to allow law firm support staf£ smU outside vendors Co
have access to documents containing Sensitive Security
Information {"SSI") in connection with this litigation.

In your letter to June 20, you requested that support

staff of the Aviation Defendants attorneys be allowed access to
documents containing SSI. TSA is prepared to allow access for a
limited number of law firm support staff on the following terms.
(j?irs£;), counsel for defendants must submit a list to TSA
designating the individuals to whom the Aviation Defendant law
firms intend to entrust access to the SSI documents, with their
respective positions and attorney supervisors. As stated in our
April 16 letter, the number of persons identified at each firm
snould be tailored to the individualized needs of each of the
Aviation Defendants based on the volume o£ documents containing
SSI each such defendant possesses. ^Second^ each listed person
must aiqn a_non-di3clo3'ure agreement in a. form to be provided by
TSA. ^fhird^) each firm must take all actions necessary to
preserve the confidentiality of SSI documents, including
establishing secure worksites for the handling and storage of
these materials and providing appropriate security for documents
and other materials maintained in electronic form. We expect
that attorneys will closely supervise and take responsibility for
the support staff who have access to documents containing SSI.

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With respect to the use by the Aviation Defendant law
firms of outside vendors, your letter of June 20 does not provide
a basis for TSA to reconsider its prior position. You indicate
that Mr] etaining outside vendors . . . is typical in major
litigation today and will be far more efficient and cost-
cffectxvc moving forward." Given the strict limitations on.
access to documents containing SSI, the procedures used in other
large litigation may not be appropriate here. Moreover, you
indicate that "[m]ost law firms simply do not have the capacity
to perform" tasks such as creating computerized databases and
imaging documents. It is not clear from your letter (1) which of
the Aviation Defendants' law firms lack that capacity given that
some very large firms are involved in this case, and (2) what
tasks need to be undertaken at this point in the litigation that
cannot be handled in-house. TSA would require a more specific
justification before it would consider allowing access tp.
documents containing ssi to entities outside your direct control
a'nd supervision.^

Very truly yours,

Assistant Attorney General United States Attorney


U.S. Department of Justice SARAH S. NORMAND
Assistants U.S. Attorneys
LOIS B. OSLER Telephone: (212) 637-2732
CARLA J. MARTIN Facsimile: (212) 537-2686
Transportation Security Admin.
- Of Counsel -

cc : Marc S. Moller, Esq.

TOTflL P.03

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