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Response to Cybersecurity Breach involving SolarWinds Orion software supply chain

Tuesday, January 12, 2021
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The U.S. Bankruptcy for the Central District of California is addressing the cybersecurity breach involving SolarWinds Orion software supply chain, and is cooperating in a coordinated response at the circuit and national levels to protect access to highly sensitive documents (HSD).  

The breach relates to vulnerabilities in the Judiciary’s Case Management/Electronic Case Files system (CM/ECF) that risk compromising highly sensitive documents (HSD) stored on CM/ECF, particularly sealed filings. Documents that include personal identifying information alone do not constitute HSD. A more specific definition of HSD will be determined in the days ahead once official guidance is received.  

Please be advised that the Court’s current sealed document filing procedure does not permit the electronic submission of documents under seal, so there are very few sealed documents in CM/ECF that could possibly be HSD. All documents under seal are required to be submitted in paper form to the Intake Department of each division. The Court will be examining the content of the limited number of cases and documents under seal to ensure appropriate action is taken to safeguard all possible HSD.  
The California Central Bankruptcy Court Procedure for Filing Sealed Documents is as follows (See Section 2 of the Court Manual, 2.8(b))

  • Motion to file documents under seal is filed electronically. 
  • Documents under seal are submitted in paper form to the Clerk’s Office Intake.
  • The documents are stored in a secure vault in paper form. The image cover sheet accompanies the document on the docket.
  • Given the fact that the Court accepts documents under seal in paper form only, the recent cybersecurity breach has a limited impact on CM/ECF users accessing the Court.

The Court continues to monitor and evaluate ongoing developments around cybersecurity issues for impact on its systems and CM/ECF users.