10.

personnel; (vii) the Jury; and (viii) any other person only
upon order of the Court following an opportunity of the
producing party to be heard, or upon stipulation of the
producing party.

“Expert” or “experts” shall mean a person with specialized
knowledge or experience in a matter pertinent to the
Criminal Action who has been retained by counsel of record
in the Criminal Action to serve as an expert witness or as
a consultant in this Criminal Action. Experts may only use
Protected Materials in connection with the rendition of
expert services to counsel for a Party to this Criminal
‘Action, and must agree to be bound by the terms of this
Protective Order by signing a Declaration of Compliance as
attached in Exhibit A hereto.

The parties shall be permitted to disclose Protected
Materials in connection with the filing of motions with the
Court, or for use at trial, subject to the limitations
outlined in paragraphs 11, 12, 13, 14, 15 and 16.

If there is a need prior to trial or during trial to
disclose the Protected Materials beyond that permitted by
this Order, the Defendant will make an application to the
Court upon notice to the government and to the producing
Party, requesting authorization. The Producing party shall

be provided an Opportunity to oppose the application.

5


EXHIBIT A TO THE PROTECTIVE ORDER
DECLARATION OF COMPLIANCE

1. My name is .

2. My present employer is .

3. My present occupation or job description is

4. I have been engaged as

on behalf of

in the preparation and conduct of the matter United
States v. Auernheimer, Criminal No. 11-470 (D.N.J.) (the
“Criminal Action”).

5. I have received a copy of the Protective Order dated
__ —— 2012, and I have carefully read and
understand its provisions. I agree to comply with and be
bound by all the provisions of said Order. I understand
that I am to retain all copies of Protected Materials, as
defined by the Protective Order, in a secure manner and in
accordance with the terms of said Order, and that all
copies are to remain in my personal custody until I have
completed my assigned duties, whereupon the copies and any
writings prepared by me containing any information
containing or reflecting any Protected Materials are to be
returned to counsel who provided me with such material.

6. I will not divulge Protected Materials to persons
other than those specifically authorized by said Order, and
I will not copy or use except solely for the purpose of
this Criminal Action, any Protected Materials obtained
pursuant to said Order, except as Provided in said Order.

I also agree to notify any stenographic: or clerical
personnel who are required to assist me of the terms of
said Order.

7. I state under penalty of perjury under the laws of the
United States of America that the foregoing is true and
correct.

By:
Executed on , 20 .

1625825

10


14,

15.

they shall be maintained with government exhibits so long
as those are required to be maintained.

To designate materials “Confidential Information” under
this Protective Order, the producing party shall so
designate, on the material itself, in an accompanying cover
letter, on a diskette cover or label, or interrogatory or
request for admission response, by using the following
designation: “CONFIDENTIAL INFORMATION -- SUBJECT TO
PROTECTIVE ORDER.”

The procedures for use of Protected Materials during any
hearing or the trial of this matter shall be determined by
the parties, the producing party, and the Court in advance
of the hearing or trial. No party shall disclose Protected
Materials in open court without prior opportunity for the
producing party to be heard and consideration by the Court.
The parties shall consider redacting confidential documents
to remove individual identifiers, request the Court to
submit such documents under seal, code the documents to
substitute a numerical or other designation for the a
person’s name or other identifying information, request
that any exhibit be placed under seal, and introduce
summary evidence where practicable which may be more easily

redacted.


11.

12.

13.

The United States may produce what it believes to be
individually identifiable personal identity information, as
defined in Rule 49.1 of the Federal Rules of Criminal
Procedure. The information produced may be subject to the
provisions of the Privacy Act, 5 U.S.C. § 552a or to the
Provisions of 42 U.S.C. § 1306. The United States shall
Produce these documents unredacted to the Defendant. Upon
producing these documents, the United States shall
designate them as “Confidential Information” in the manner
set forth in paragraph 14, below.

The parties shall not file Protected Materials with, or
submit them to, the Court or reproduce their contents in
any court filing unless the document or filing is placed
under seal.

Within 90 days of the conclusion of this Criminal Action,
including the exhaustion of direct and collateral appeals,
the Defendant shall return the Protected Materials and all
copies, as well as all notes, memoranda, summaries, or
other documents containing information derived from the
Protected Materials, to counsel for the producing party, or
shall destroy them and certify in writing to counsel for
the producing party that the documents have been destroyed.

If any Protected Materials are used as defense exhibits


admissibility of any material cgvered by this Protective

|

Order.

WIGENTON
RICT JUDGE

Accepted and Acknowledged:

PAUL J. FISHMAN
UNITED STATES ATTORNEY

BY: .
Lach trofre (m)_

Michael Martinez
Zach Intrater
Assistant U.S. Attorneys

Teh

Tor Ekeland, Esq.
Counsel for Defendant Avuernheimer


UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA Hon. Susan D. Wigenton

v. Criminal No. 11-470

ANDREW AUERNHEIMER PROTECTIVE ORDER ON CONSENT

This application having been opened to the Court by the
United States (Paul J. Fishman, United States Attorney, by
Michael Martinez and Zach Intrater, Assistant U.S. Attorneys,
appearing) under Rule 16(d) (1) of the Federal Rules of Criminal
Procedure for a protective order: to limit disclosure of
Protected materials provided by any Producing Party or Producing
Parties (as defined in paragraph 5 below) pursuant to the
Court’s standing discovery order or Defendant’s subpoenas, to
expedite the flow of discovery material between the parties, to
facilitate the prompt resolution of disputes over
confidentiality, to protect personal identity information
entitled to be kept confidential, to protect Proprietary, secret
or commercially sensitive information entitled to be kept
confidential, and to ensure that protection is afforded only to
material so entitled; and

For good cause shown; and

The parties having consented;

IT IS on this Ll day of September, 2012,

ORDERED that:


16.

17.

18.

19,

The Clerk shall accept for filing under seal any documents
or filings so marked by the parties pursuant to the above
paragraphs.

Nothing in this Order shall prevent any party or producing
party from seeking modification of this Protective Order or
from objecting to discovery that it believes to be
otherwise improper. In particular, the parties and
producing parties expressly contemplate that a modification
of this protective order may be sought to provide for
“attorney’s eyes only” production of certain information
and documents, should an agreement regarding the production
thereof not be reached (see Paragraph 3, above).

The failure to designate any materials as provided in
Paragraph 14 shall not constitute a waiver of a party’s or
producing party’s assertion that the materials are covered
by this Protective Order.

This Protective Order does not constitute a ruling or
admission by any party as to whether any particular
material is discoverable or admissible, nor is this order a
ruling or admission by any party that any particular
material is confidential or that it constitutes personally
identifiable information. By signing this Protective
Order, no party has waived the right to object to any

confidentiality designation, discoverability or

8


Order. Protected Materials must be stored and maintained
at a location and in a secure manner that ensures that
access is limited to the persons authorized under this
Order.
Information or items designated as “Confidential
Information” shall not be disclosed to anyone other than
(i) the parties in the Criminal Action; (ii) the parties’
counsel of record in the Criminal Action (including
attorneys, paralegals, secretarial staff, clerical, and
other regular employees); (iii) consultants to and vendors
of the parties’ counsel of record (including trial
consultants, jury consultants, and service vendors such as
copying services retained in connection with this Criminal
Action for purposes of preparing exhibits for court
Proceedings), provided that such persons must first execute
a Declaration of Compliance as set forth in Exhibit A
hereto; (iv) law enforcement personnel to whom it is
reasonably necessary to disclose the information for this
- Criminal Action; (v) Experts (as defined below) to whom
disclosure is reasonably necessary for this Criminal Action
(except that Confidential Information shall not be
disclosed to any expert who is a past or current employee
or affiliate of Goatse or GNAA, or current employee of a

competitor of the producing party); (vi) the Court and its

4


Court if such negotiations are not successful, and subject
to the resolution of any objections to the subpoena or
other discovery requests, by motion or otherwise. The
submission of this proposed Protective Order to the Court
is without prejudice to any producing party’s right to seek
such a higher level of protection from the Court.

“Party” or “parties” shall refer to plaintiff United States
of America and/or defendant Andrew Auernheimer.

“Producing party” or “producing parties” shall refer to the
Plaintiff, Defendant, AT&T or Apple.

No person or party shall use any Protected Materials or
information derived from Protected Materials produced in
this action for any purpose other than in the matter United
States v. Auernheimer, Criminal No. 11-470 (D.N.J.) (the
“Criminal Action”). All Protected Materials shall be used
solely for the purpose of conducting and preparing for pre-
trial, trial, post-trial, and appellate proceedings (both
direct and collateral) in this Criminal Action and for no
other purposes whatsoever, and shall not be used for the
economic or other benefit of the Defendant, the alleged co-
conspirator, or any third party, including any expert or
consultant to whom such Protected Materials are disclosed.
Protected Materials may be disclosed only to the categories

of persons and under the conditions described in this

3


Materials produced by AT&T Services, Inc. (“AT&T”) or
Apple, Inc. (“Apple”), or by the government but originally
obtained from AT&T or Apple; whether as discoverable ‘
material under Fed. R. Crim. P. 16, possible Giglio
material, or material covered by 18 U.S.C. § 3500
(“Protected Materials”), may be designated “Confidential
Information” as set forth below. The protections afforded
to Protected Materials by this Protective Order shall apply
to information and items designated as Confidential
Information as well as to any information copied or
extracted therefrom, and any copies, excerpts, summaries,
or compilations thereof.

“Confidential Information” shall mean tangible things or
information (regardless of how generated, stored or
maintained) for which good cause under Fed. R. Crim. P.
16(a) can be established. .

AT&T and Apple contend that certain information that may be
subject to production pursuant to the Defendant's subpoenas
or otherwise should only be produced, if at all, on an
attorneys’ eyes only basis. The parties and producing
parties have agreed that the producing parties need not at
this time produce any materials they contend are entitled
to this higher level of protection, pending efforts to

negotiate a resolution of the issue or a ruling by the

2