BIA begins phased reconnection to the Internet

Judge James Robertson of the U.S. District Court for the District of Columbia ruled that FISMA, which was enacted after the 2001 court order, puts accountability for computer information systems security in the hands of the top leader at federal departments and agencies. That being the case, Robertson ruled that the standing court order is moot. “Under FISMA, it is the agency head who is responsible for . . . providing information security protections commensurate with the risk and magnitude of the harm resulting from unauthorized access, use, disclosure, disruption, modification or destruction of information,” Robertson wrote. “Notably absent from FISMA is a role for the judicial branch,” he added. In this latest ruling in the class-action lawsuit against Interior, Robertson acknowledged he is troubled by congressional and inspectors general reports that show Interior receiving failing grades on its information security report card. However, he concluded, “it is not my role to weigh IT security risks.” On the federal government’s annual FISMA report card, released today, Interior received an F, the same grade it received the previous year. A spokesman for Elouise Cobell, a member of the Blackfeet tribe in Montana, which brought the lawsuit against Interior, said the plaintiffs hope to see the case brought to a close. The plaintiff's' lawyers have not decided whether to appeal the ruling, said Bill McAllister, Cobell’s spokesman. “We’re getting ready for a trial set for June 6,” he said. “This will be what the judge hopes will be the final trial in the case.” Howell said the court order has impaired BIA’s ability to provide services and communicate with the tribes for which the agency has trust responsibility. Internally, he added, BIA has been communicating very inefficiently. “We’ve been burning up fax machines and sneaker net.”