FILED
Sep 12 2024
United States District Court
Northern District of Ohio
General Order
AMENDED GENERAL ORDER NO. 2024-07
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
)
IN RE: )
PROCEDURES FOR REQUESTING, ) ORDER NO. 2024-07-1
FILING, AND MANAGEMENT OF )
HIGHLY SENSITIVE DOCUMENTS )
)
WHEREAS federal courts are updating their security procedures to uniformly
protect highly sensitive documents (HSDs), a narrow subset of sealed documents that
must, for their protection, be stored outside the court’s electronic systems;
THE COURT FINDS that good cause exists to permit nonelectronic filing under
Civil Rule 5(d)(3)(A) and Criminal Rule 49(b)(3)(A), and to adopt the revised HSD
Guidance, Attachment A, which includes a standard definition of HSDs, a dedicated
procedure for filing, serving, and maintaining HSDs, and factors to be considered by
judicial officers in determining if a document is an HSD.
THEREFORE, IT IS HEREBY ORDERED that, effective as of the date of this
order and until such time as the court orders otherwise, HSDs will be filed and served in
paper form (or, if digital media, on a secure electronic device, such as a flash drive), in
accordance with this Order and the HSD Guidance, and will be maintained by the clerk’s
office in a secure paper filing system or secure standalone computer system that is not
connected to any network. 1 This Order supersedes any and all prior court orders and
inconsistent local rules concerning HSDs.
1 This guidance does not apply to classified information, which should be handled according to
the Classified Information Procedures Act (CIPA) and the Chief Justice’s Security Procedures related
thereto, 18 U.S.C. app 3 §§ 1, 9. The Chief Justice’s Security Procedures (criminal prosecutions) and
the Department of Justice (DOJ) regulation 28 C.F.R. § 17.17(c) (civil actions) govern classified
information in any form in the custody of a court.
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1. Documents and Materials Subject to this Order
a. Definition: A Highly Sensitive Document (HSD) is a document or
other material that contains sensitive, but unclassified, information that
warrants exceptional handling and storage procedures to prevent
significant consequences that could result if such information were
obtained or disclosed in an unauthorized manner. Although frequently
related to law enforcement materials, especially sensitive information
in a civil case could also qualify for HSD treatment.
i. Examples of HSDs: Examples include ex parte sealed filings
relating to: national security investigations, cyber investigations,
and especially sensitive public corruption investigations; and
documents containing a highly exploitable trade secret, financial
information, or computer source code belonging to a private
entity, the disclosure of which could have significant national or
international repercussions.
ii. Exclusions: Most materials currently filed under seal do not
meet the definition of an HSD and do not merit the heightened
protections afforded to HSDs. The form or nature of the
document, by itself, does not determine whether HSD treatment
is warranted. Instead, the focus is on the severity of the
consequences for the parties or the public should the document
be accessed without authorization. Most presentence reports,
pretrial release reports, pleadings related to cooperation in
criminal cases, social security records, administrative immigration
records, applications for search warrants, interception of wire,
oral, or electronic communications under 18 U.S.C. § 2518, and
applications for pen registers, trap and trace devices would not
meet the HSD definition.
b. HSDs vary in their physical form and characteristics. They may be
paper, electronic, audiovisual, microform, or other media. The term
“document” includes all recorded information, regardless of its physical
form or characteristics.
2. Requesting HSD Designation
a. Any party seeking to file an HSD must, before such filing, seek leave of
court for such filing in the manner provided in paragraph 2(b).
i. A request for HSD designation must be accompanied by a
certification of the movant’s good-faith belief that the material
meets the HSD definition.
ii. The requesting party must articulate why HSD treatment is
warranted, including, as appropriate: the contents of the
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document; the nature of the investigation or litigation; and the
potential consequences to the parties, the public, or national
interests, in the event the information contained in the document
is accessed or disseminated without authorization.
iii. The requesting party must include a proposed order that provides
the information stated in paragraph 3 below.
iv. The requesting party shall serve the proposed HSD on another
party by nonelectronic means (paper or secure electronic device)
directly upon the party or, when the Civil or Criminal Rules permit
or the court orders, upon the attorney representing the party.
b. The request and the proposed HSD material shall be submitted to the
clerk’s office in a sealed envelope marked “HIGHLY SENSITIVE
DOCUMENT.” The outside of the envelope shall be affixed with a copy
of the HSD’s caption page (with confidential information redacted).
3. Order Granting HSD Designation
An order granting a motion seeking HSD designation, or directing the filing
of a document as an HSD on the court’s own motion, must:
a. State the identity of the persons who are to have access to the
documents without further order of court; and
b. Set forth instructions for the duration of HSD treatment. HSDs are
stored temporarily or permanently offline as the situation requires.
When designating a document as an HSD, courts should indicate when
the designation will automatically lapse or when the designation should
be revisited by the judicial officer. HSDs should be migrated as sealed
documents to the court’s electronic docketing system and unsealed, as
appropriate, as soon as the situation allows.
4. Filing An HSD
a. A copy of the order granting HSD designation must be included with
any document filed as an HSD.
b. The clerk will maintain the HSD in a secure paper filing system or a
secure standalone computer system that is not connected to any
network.
c. The clerk’s office will make an informational docket entry in the court’s
electronic filing system indicating that the HSD was filed with the court.
The docket entry shall not include personal or other identifying details
related to or contained with the HSD. For example:
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5/25/23 [no link] SYSTEM ENTRY-Docket Entry 92
Restricted until further notice (Entered 5/25/23).
d. An opinion or order entered by the court related to an HSD may itself
constitute an HSD if it reveals sensitive information in the HSD. If the
court determines that a court order qualifies as an HSD, the clerk’s
office will file and maintain the order as an HSD and will serve paper
copies of any filing issued by the court.
e. An HSD in the lower court’s record will ordinarily be also regarded by
an appellate court as an HSD.
5. Safeguarding Internal Communication:
Care should also be taken in internal court communications regarding
HSDs, including notes and pre-decisional materials, not to include the
protected substance of HSDs in any communication using the internet
or a computer connected to a network.
6. Questions about HSD Filing Procedures:
Any questions about how an HSD should be filed with the court pursuant
to this Order should be directed to the clerk’s office at 216-357-7000
(Cleveland), 419-213-5500 (Toledo), 330 884-7420 (Youngstown) and
330 252-6000 (Akron).
IT IS SO ORDERED, this 12th day of September, 2024.
FOR THE COURT
Sara Lioi
Chief United States District Judge
Northern District of Ohio
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Attachment A
HIGHLY SENSITIVE DOCUMENTS DEFINITION & GUIDANCE
Highly Sensitive Documents (HSDs) are a narrow subset of sealed documents
that must, for their protection, be stored offline. The added protection for HSDs is
important because, in the event of a breach of the courts’ electronic case management
system by a sophisticated actor, those documents are more likely to be sought out and
stolen, or their unauthorized access or exposure are likely to have outsized
consequences beyond that of most sealed documents, or both.
The following definition and guidance are intended to assist courts in identifying
highly sensitive documents and managing the offline handling of HSDs. This guidance
does not apply to classified information, which should be handled according to the
Classified Information Procedures Act (CIPA) and the Chief Justice’s Security
Procedures related thereto, 18 U.S.C. app 3 §§ 1, 9(a). 1
(a) Definition: A Highly Sensitive Document (HSD) is a document or other
material that contains sensitive, but unclassified, information that warrants exceptional
handling and storage procedures to prevent significant consequences that could result
if such information were obtained or disclosed in an unauthorized way. Although
frequently related to law enforcement materials, especially sensitive information in a
civil case could also qualify for HSD treatment.
i. Examples of HSDs: Examples include ex parte sealed filings relating to:
national security investigations, cyber investigations, and especially
sensitive public corruption investigations; and documents containing a
highly exploitable trade secret, financial information, or computer source
code belonging to a private entity, the disclosure of which could have
significant national or international repercussions.
ii. Exclusions: Most materials currently filed under seal do not meet the
definition of an HSD and do not merit the heightened protections afforded
to HSDs. The form or nature of the document, by itself, does not
determine whether HSD treatment is warranted. Instead, the focus is on
the severity of the consequences for the parties or the public should the
document be accessed without authorization. Most presentence reports,
pretrial release reports, pleadings related to cooperation in criminal cases,
social security records, administrative immigration records, applications
for search warrants, interception of wire, oral, or electronic
communications under 18 U.S.C. § 2518, and applications for pen
registers, trap, and trace devices would not meet the HSD definition.
1 The Chief Justice’s Security Procedures (criminal prosecutions) and the Department of Justice
(DOJ) regulation 28 C.F.R. § 17.17(c) (civil actions) govern classified information in any form in the custody of
a court. Such classified information may not be filed on CM/ECF or any other court network or standalone
computer system. Courts are assisted in their protection of classified information by classified information
security officers, who are detailed to the courts by the DOJ’s Litigation Security Group, a unit independent of
the attorneys representing the government. Courts should direct questions regarding how to handle classified
documents to the DOJ’s Litigation Security Group. See also, Robert Timothy Reagan, Keeping Government
Secrets: A Pocket Guide on the State-Secrets Privilege, the Classified Information Procedures Act and
Classified Information Security Officers, (Federal Judicial Center, 2d ed. 2013).
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Attachment A
HIGHLY SENSITIVE DOCUMENTS DEFINITION & GUIDANCE
(b) HSDs: Sources and Characteristics
i. HSD designation may be requested by a party in a criminal, civil, appellate,
or bankruptcy matter.
ii. HSDs vary in their physical form and characteristics. They may be paper,
electronic, audiovisual, microform, or other media. The term “document”
includes all recorded information, regardless of its physical form or
characteristics.
iii. An opinion or order entered by the court related to an HSD may itself
constitute an HSD, if it reveals sensitive information in the HSD.
iv. An HSD in the lower court’s record will ordinarily be also regarded by an
appellate court as an HSD.
(c) HSD Designation:
i. A court’s standing order, general order, or equivalent directive should
include the HSD definition set forth in (a) above and outline procedures for
requesting, filing, and maintaining HSDs.
ii. The onus is on the party, including the Department of Justice and other law
enforcement agencies, to identify for the court those documents that the
party believes qualify as HSDs and the basis for that belief. In moving for
HSD treatment, the filing party must articulate why HSD treatment is
warranted, including, as appropriate: the contents of the document; the
nature of the investigation or litigation; and the potential consequences to
the parties, the public, or national interests, in the event the information
contained in the document is accessed or disseminated without
authorization.
iii. Judicial Determination:
A. The presiding judge (or, when no presiding judge is available, the chief
judge) should determine whether a document meets the HSD definition by
evaluating whether a party has properly articulated sufficient reasons for
such treatment, including the consequences for the matter, should the
document be exposed. Most applications for HSD treatment are likely to be
ex parte, but the presiding judge should resolve any disputes about
whether a document qualifies as an HSD as defined in (a) above. The fact
that a document may contain sensitive, proprietary, confidential, personally
identifying, or financial information about an entity or an individual, that may
justify sealing of the document or case, does not alone qualify the
document as an HSD.
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Attachment A
HIGHLY SENSITIVE DOCUMENTS DEFINITION & GUIDANCE
B. In making this determination, the court should consider properly
articulated concerns that the unauthorized access or disclosure of the
information contained in the document at issue would result in significant
adverse consequences that outweigh the administrative burden of handling
the document as an HSD. As a general matter, courts should give careful
and appropriate consideration to the concerns articulated by the executive
branch in matters implicating the authority of the executive branch to
oversee the military and safeguard national security. If relevant, the court
has the discretion to consider the impact of the heightened protection
provided by offline placement to any other party’s right of access.
(d) Exceptional Administrative Treatment for HSDs:
i. Filing: HSDs and requests for HSD treatment will be accepted for filing
only in paper form or via a secure electronic device (e.g., USB stick or
portable hard drive).
ii. Handling: The court must handle the HSDs by storing all information
offline. Furthermore, any pleadings or other filings created in connection
with the proceedings should not disclose the subject matter of the HSD
(including information that may identify the place, object, or subject of an
ex parte filing).
iii. Docketing: Docket entries for HSDs should not include personal or other
identifying details related to or contained within them. For example:
8/25/22 [no link] SYSTEM ENTRY-Docket Entry 92
Restricted until further notice (Entered 8/25/22).
iv. Storing: HSDs shall be stored and handled only in a secure paper filing
system, or an encrypted external hard drive attached to an air- gapped
system (i.e., entirely disconnected from networks and systems, including a
court unit’s local area network and the judiciary’s network).
v. Safeguarding Internal Communication: Care should also be taken in
judicial communications regarding HSDs, including notes and
pre-decisional materials, not to include the protected substance of HSDs
in any communication using the internet or a computer network.
(e) Duration of HSD Treatment: HSDs are stored temporarily or permanently offline
as the situation requires. When designating a document as an HSD, courts should
indicate when the designation will automatically lapse or when the designation should be
revisited by the judicial officer. HSDs should be migrated as sealed documents to the
court’s electronic docketing system and unsealed, as appropriate, as soon as the
situation allows.
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