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10 any civil disobedience organizations.
11 In addition, you will participate in the
12 computer/internet monitoring program administered by the
13 probation office. You must provide the probation office
14 advanced notification of any computer, automated service or
15 connected device that will be used during the term of your
16 supervision and that can access the internet.
17 The probation office is authorized to install any
18 application as necessary to survey all activity on computers or
19 connected devices owned or operated by you. You may be
20 required to pay the cost of the monitoring services at the
21 monthly rate provided by the probation office. The rate and
22 payment schedule are subject to periodic adjustments by the
23 probation office.
24 The probation office shall be notified via electronic
25 transmission of impermissible or suspicious activity or
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1 communications occurring on such computer or connected device
2 consistent with the computer monitoring policy in effect by the
3 probation office. As triggered by impermissible or suspicious
4 activity, you shall consent to and cooperate with unannounced
5 examinations of any computer equipment owned or used by you.
6 This examination shall include, but is not limited to,
7 retrieval and copying of all data from the computer, connected
8 device, storage media, and any internal or external peripherals
9 and may involve removal of such equipment for the purpose of
10 conducting a more thorough inspection.
11 You shall also submit your person and any property,
12 house, residence, vehicle, papers, computer or other electronic
13 communication or data storage devices or media and your effects
14 to a search at any time, with or without a warrant, by any law
15 enforcement or probation officer with reasonable suspicion
16 concerning a violation of the conditions of your supervised
17 release or any unlawful conduct by you and by any probation
18 officer in the lawful discharge of the officer's supervision
19 functions.
20 In addition, you shall not use any means to hide your
21 identity on-line, including, for example, the TOR network or
22 proxy servers. You also shall not use any means to encrypt
23 your communications on-line except as required by employment.
24 And you shall not encrypt stored data except as required by
25 employment.
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1 As I mentioned, sir, I do not impose a fine. And I
2 will await restitution information within 90 days from
3 counsel.
4 And as I mentioned, I must impose, and do impose,
5 the $100 special assessment, and that should be paid
6 promptly.
7 Sir, it's my duty to inform you that unless you've
8 waived it, you have the right to appeal this sentence and you
9 might have the right to appeal in forma pauperis, which means
10 as a poor person, with the waiver of certain fees and
11 expenses.
12 Ms. Kellman, did you wish a designation or request?
13 MS. KELLMAN: Yes, your Honor, as close as the Bureau
14 of Prisons can get Mr. Hammond to the Chicago area would be his
15 request.
16 THE COURT: It's the Court's recommendation that
17 Mr. Hammond be designated to a facility as close as possible to
18 the Chicago metropolitan area so that his family is able to
19 visit him.
20 Is there anything else today, Counsel?
21 MS. NIDIRY: Yes, your Honor. The government would
22 move to have the underlying indictments dismissed against
23 Mr. Hammond.
24 THE COURT: So ordered.
25 Anything else?
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1 MS. KELLMAN: Your Honor, just one inquiry, if I may.
2 The Court ordered specifically searches of Mr. Hammond's
3 computers -- which, of course, I understand -- and extended
4 that to retrieval or defined it further as retrieval and
5 copying. The Court also excluded in some of the later
6 restrictions any work-related computers, which I think also
7 appropriate and understandable.
8 But with respect to the searches, I would ask the
9 Court to consider language as well that permits the same level
10 of privacy with respect to searching work-related computers. I
11 wouldn't want Mr. Hammond to not be employable because a
12 company he might work for, that their computers might be
13 subject to those --
14 THE COURT: I'm sorry, I don't know what you're asking
15 me for. What language do you want?
16 MS. KELLMAN: With respect to the-- I think it's the
17 third from last condition, your Honor, which was search of
18 computers to also exclude any computers that are work related,
19 that are owned by his employer or connected with his
20 employment.
21 THE COURT: Counsel.
22 MS. NIDIRY: Okay. That's fine.
23 THE COURT: Agreed. Anything else?
24 MS. KELLMAN: No, nothing. Thank you, Judge.
25 THE COURT: Thank you, ladies and gentlemen. You've
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1 been very helpful. Good morning.
2 Thank you, Mr. Marshal.
3 (Adjourned)
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