Case 1:16-cr-10305-NMG Document 42 Filed 11/21/16 Page 1 of 2

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

UNITED STATES OF AMERICA

v.
Crim. No. 16-cr-10305-NMG
MARTIN GOTTESFELD,

Defendant.

ASSENTED-TO MOTION FOR PROTECTIVE ORDER

Pursuant to Rule 16 of the Federal Rules of Criminal Procedure and Local Rule 116, the

United States hereby respectfully submits a proposed protective orderattached as Exhibit A

relating to documents and information produced, and to be produced in the future, in this case and

respectfully requests, with the assent of the defendant, that the Court enter the attached order. As

grounds for this assented-to motion, the government states as follows:

The Indictment returned in this case charges defendant with intentionally causing damage

to protected computers in violation of 18 U.S.C. 1030(a)(5)(a) and conspiracy to do so in

violation of 18 U.S.C. 371. Many of the documents and materials to be disclosed to the defendant

contain confidential information regarding institutions whose computer networks were the subject

of distributed denial of service attacks, including information regarding those computer networks,

details about the methods of attack on those networks, and the steps taken to defend those networks

and mitigate damage to them. Such information, if publicly disseminated, could increase their

vulnerability to future attacks. Under these circumstances, the government respectfully submits

that the discovery materials should be protected from unnecessary dissemination.

 Case 1:16-cr-10305-NMG Document 42 Filed 11/21/16 Page 2 of 2

Entry of the proposed order will allow the government to efficiently produce discovery to

defense counsel and will not inhibit defense counsels ability to prepare effectively for trial.

The defendant, through his counsel, assents to this motion and the attached proposed order.

WHEREFORE, the United States, with the assent of the defendant, respectfully requests

that this Court enter the proposed protective order attached hereto as Exhibit A.

Respectfully submitted,

CARMEN M. ORTIZ
United States Attorney

By: /s/ David J. DAddio

DAVID J. DADDIO
Assistant U.S. Attorney

Dated: November 21, 2016

CERTIFICATE OF SERVICE

I hereby certify that this document filed through the ECF system will be sent
electronically to the registered participants as identified on the Notice of Electronic Filing (NEF),
and paper copies will be sent to those indicated as non-registered participants.

/s/ David. J. DAddio

DAVID J. DADDIO

Dated: November 21, 2016

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 Case 1:16-cr-10305-NMG Document 42-1 Filed 11/21/16 Page 1 of 4

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

UNITED STATES OF AMERICA

v.
Crim. No. 16-cr-10305-NMG
MARTIN GOTTESFELD,

Defendant.

PROTECTIVE ORDER

Upon consideration of the governments Assented-To Motion for a Protective Order, it is

hereby ORDERED that:

1) The discovery materials produced by the government in this case may be used by the

defendant, defendants counsel, any employees or agents of defendants counsel, and any experts

or investigators retained by defense counsel (collectively, the defense) solely in order to

litigate this case (including investigation, pretrial motions, trial preparation, trial, and appeal) and

for no other purpose and in connection with no other proceeding.

2) Each person receiving access to the discovery materials, including members of the

defense, shall, after reviewing this Order, sign and date a copy of the attached Agreement To Be

Bound By Order, and defendants counsel shall file such an endorsed copy with the Court.

Such filings may be made ex parte and under seal. No one may review the discovery materials

unless he or she first signs a copy of this Order.

 Case 1:16-cr-10305-NMG Document 42-1 Filed 11/21/16 Page 2 of 4

3) Except as set forth below, the defense shall not show or make the discovery materials

available by any means (electronic, physical or otherwise) to any person who is not a member of

the defense, absent further order of this Court.

4) Once a potential witness who is not a member of the defense has signed a copy of the

attached Agreement To Be Bound By Order, the defense may show the potential witness the

discovery materials necessary to prepare the potential witness, but may not allow the potential

witness to retain discovery materials or copies thereof.

5) Defendant may view discovery materials only in the presence of another member of

the defense. Defendant may not retain discovery materials or copies thereof. Notes taken by the

defendant containing information from discovery materials shall be retained by defense counsel.

6) Defense counsel shall promptly notify the government and this Court if any discovery

materials are: (a) used in a manner inconsistent with this order, or (b) disclosed intentionally or

unintentionally to anyone not designated by this Order or further order of the Court. Each

member of the defense and any potential witnesses provided access to discovery materials shall

promptly notify defense counsel of any such disclosures.

7) At the conclusion of these proceedings, including any potential appeals, the defense

shall destroy all copies of discovery materials received and made by it. Defense counsel may

keep one copy of all discovery materials for such additional time as they deem necessary to

ensure their ability to satisfy all professional obligations to Defendant in this matter.

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Nothing contained in the Protective Order will preclude any party from applying to the

Court for further relief or for modification of any provision hereof.

__________________________________
MARIANNE B. BOWLER
UNITED STATES MAGISTRATE JUDGE

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AGREEMENT TO BE BOUND BY ORDER

I hereby acknowledge that I have read the contents of the above protective order

entered in United States v. Martin Gottesfeld, 16-cr-10305-NMG, and have had the

terms explained to me. I agree that the order applies to me, that I am bound by its terms, and that

I shall comply with its terms.

________________________
NAME

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DATE