Re: Cobell v. Norton, No. 05-5388 Dear Mr. Langer: U.S. Department of Justice Civil Division, Appellate Staff 950 Pennsylvania Ave., N.W., Pm: 7531 Washington, D.C. 20530 Pursuant to Rule 28(j), we attach the "scorecard" on computer security issued by the House Committee on Government Reform, recently placed on the web site of Congressman Tom Davis. Interior, along with seven other agencies, received an "F." ! attached chart [http ://reform.house.gov/GovReformfNews/DocumentSingle. aspx?DocumentlD=40762]. The scorecard indicates that it is based on reports required by the Federal Information Security Management Act of 2002. We provide this scorecard for the Court's information because previous editions have been cited in the briefs. See Gov't Br. 29. As we noted, an agency's "grade" may rise or fall from year to year, and the primary significance of the "scorecard" is that it highlights the difficulties faced by agencies government-wide. As particularly relevant here, the scorecard provides no reason to conclude that Individual Indian Trust Data is at imminent risk of corruption, and there is also no reason to believe that any aspect of the district court's order would be likely to result in systemwide security improvements. These points are discussed at length at many points in our opening and reply briefs. Tel: (202) 514-5089 Fax: (202) 514-8151 March 20, 2006 Mr. Mark J. Langer Clerk, United States Court of Appeals for the District of Columbia Circuit United States Courthouse Room 5423 Third & Constitution Avenue, N.W. Washington, D.C. 20001 2 We would appreciate it if you would distribute copies of this letter, with its attachment, to the members of the panel before whom oral argument is scheduled on April 11, 2006. Thank you very much for your assistance. Respectfully submitted, PETER D. KEISLER Assistant Attorney General KENNETH L. WAINSTEIN United States Attorney GREGORY G. KATSAS Deputy Assistant Attorney General ROBERT E. KOPP MARKB. STERN THOMAS M. BONDY ! f'-i. ALISAB. KLEIN V MARK R. FREEMAN I. GLENN COHEN ISAAC J. LIIDSKY Attorneys, Appellate Staff cc: Elliott H. Levitas G. William Austin, Ill Mark I. Levy Dennis Marc Gingold Keith M. Harper Earl Old Person Click Here & Upgrade PDF Ex!a! IPUTER SECURITY REPORT CARD March 16, 2006 Complete GOVERNMENTWIDE GRADE 2005: D+ 2005 2004 2005 2004 AGENCY FOR INTERNATIONAL DEVELOPMENT A+ A+ DEPARTMENT OF COMMERCE 0+ F DEPARTMENT OF LABOR A+ B- DEPARTMENT OF JUSTICE D B- SOCIALSECURITY ADMINISTRATION A+ B NUCLEARREGULATORY COMMISSION 0- B+ OFFICE OF PERSONNEL MANAGEMENT A+ C- DEPARTMENT OF TREASURY D- D+ ENVIRONMENTAL PROTECTION AGENCY A+ B DEPARTMENTOFENERGY F F NATIONAL SCIENCE FOUNDATION A c+ DEPARTMENT OF VETERANS AFAIRS F F GENERAL SERVICES ADMINISTRATION A- C+ DEPARTMENT OF HEALTH AND HUMAN SERVICES F F NATIONAL AERONAUTICS AND SPACE ADMINISTRATION B- 0- DEPARTMENT OF THE INTERIOR F C+ SMALL BUSINESS ADMINISTRATION C+ 0- DEPARTMENT OF DEFENSE F DEPARTMENT OF STATE F D DEPARTMENT OF TRANSPORTATION C- A- 0+ DEPARTMENT OF EDUCATION C- C DEPARTMENT OF HOMELAND SECURITY F F HOUSING AND URBAN DEVELOPMENT 0+ F DEPARTMENTOFAGRICULTURE F F Prepared by the Government Reform Committee, chaired by Tom Davis, based on reports required by the Federal Information Security Management Act of 2002.