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    DeSantis 'Zoombombing' Filing

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    Law&Crime
    The Secretary of State proposes an alternative method for conducting the trial remotely due to concerns about conducting the trial entirely on an electronic platform like Zoom. The proposal includes: 1) Pre-filing direct witness testimony and exhibits for resolution of objections. 2) Five-minute summaries of direct testimony by phone followed by questioning from the Court and cross-examination. 3) Telephonic opening and closing arguments. This proposal relies on electronic filing and telephone to avoid potential issues with video platforms while allowing all parties to present evidence and arguments.

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    DeSantis 'Zoombombing' Filing

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    Law&Crime
    7K views6 pages
    The Secretary of State proposes an alternative method for conducting the trial remotely due to concerns about conducting the trial entirely on an electronic platform like Zoom. The proposal includes: 1) Pre-filing direct witness testimony and exhibits for resolution of objections. 2) Five-minute summaries of direct testimony by phone followed by questioning from the Court and cross-examination. 3) Telephonic opening and closing arguments. This proposal relies on electronic filing and telephone to avoid potential issues with video platforms while allowing all parties to present evidence and arguments.

    Original Description:

    4/2/20

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    DeSantis 'Zoombombing' filing

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    The Secretary of State proposes an alternative method for conducting the trial remotely due to concerns about conducting the trial entirely on an electronic platform like Zoom. The proposal includes: 1) Pre-filing direct witness testimony and exhibits for resolution of objections. 2) Five-minute summaries of direct testimony by phone followed by questioning from the Court and cross-examination. 3) Telephonic opening and closing arguments. This proposal relies on electronic filing and telephone to avoid potential issues with video platforms while allowing all parties to present evidence and arguments.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    7K views6 pages

    DeSantis 'Zoombombing' Filing

    Uploaded by

    Law&Crime
    The Secretary of State proposes an alternative method for conducting the trial remotely due to concerns about conducting the trial entirely on an electronic platform like Zoom. The proposal includes: 1) Pre-filing direct witness testimony and exhibits for resolution of objections. 2) Five-minute summaries of direct testimony by phone followed by questioning from the Court and cross-examination. 3) Telephonic opening and closing arguments. This proposal relies on electronic filing and telephone to avoid potential issues with video platforms while allowing all parties to present evidence and arguments.

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    You are on page 1of 6

    Case 4:19-cv-00300-RH-MJF Document 313 Filed 04/02/20 Page 1 of 6

    UNITED STATES DISTRICT COURT


    NORTHERN DISTRICT OF FLORIDA
    TALLAHASSEE DIVISION

    KELVIN LEON JONES, et al.,

    Plaintiffs,

    v. Case No. 4:19-cv-300-RH/MJF

    RON DeSANTIS, et al.,

    Defendants.
    /

    SECRETARY’S NOTICE OF PREFERRED METHOD FOR TRIAL

    After consulting with counsel for Plaintiffs, this Court’s Information

    Technology Specialist, and a national legal services report service, counsel for the

    Secretary remains concerned that a trial on an electronic platform poses several

    unknowns—including potential problems with creating an adequate record.

    First, counsel for the Secretary does not know whether an electronic platform

    such as Zoom can simultaneously accommodate all counsel for the parties spread

    throughout the State and indeed country; witnesses spread throughout the country;

    and members of the public who might be interested in attending these open court

    proceedings. Second, counsel for the Secretary does not know whether this type of

    electronic platform can maintain undisrupted two-way video and audio between the

    Court, counsel in separate locations conducting examination, and any counsel in yet

    other locations who might wish to object in real time. Third, counsel for the
    Case 4:19-cv-00300-RH-MJF Document 313 Filed 04/02/20 Page 2 of 6

    Secretary expects that examination concerning exhibits might be difficult even after

    best efforts to resolve objections beforehand. Fourth, counsel for the Secretary is

    concerned about the availability of support staff to assist with any malfunctions

    during an ever more restrictive COVID-19 quarantine. Fifth, counsel for the

    Secretary remains concerned about possible security flaws in popular electronic

    platforms like Zoom.1 The FBI seemingly shares these concerns, especially for a

    platform open to the public.2

    As the Court has scheduled a hearing today to discuss trial logistics, counsel

    for the Secretary propose the following alternative for the Court’s consideration:

    • Pre-filing of direct testimony with all exhibits to be sponsored by

    a witness or via stipulation by a certain date. Filing of

    evidentiary objections, if any, a few days afterwards. Resolution

    by the Court thereafter on the papers or on a telephonic hearing.

    1
    See, e.g., Danny Hakim & Natasha Singer, New York Attorney General Looks Into
    Zoom’s Privacy Practices, N.Y. Times (Mar. 30, 2020) available at
    https://www.nytimes.com/2020/03/30/technology/new-york-attorney-general-
    zoom-privacy.html; Chasity Maynard, SG Senate falls victim to “Zoom bombing,”
    The Independent Florida Alligator (Mar. 31, 2020) available at
    https://www.alligator.org/news/sg-senate-falls-victim-to-zoom-
    bombing/article_ec691f20-73b5-11ea-a3d5-bfa4250caada.html.
    2
    See Luke Barr, After 'Zoom bombings', other incidents, FBI warns of
    videoconferencing hijacking amid coronavirus, ABC News available at
    https://abcnews.go.com/US/fbi-warns-video-conference-hijacking-amid-
    coronavirus-pandemic/story?id=69901757.
    2
    Case 4:19-cv-00300-RH-MJF Document 313 Filed 04/02/20 Page 3 of 6

    • Five-minute summaries of direct testimony on the telephone;

    followed by questions by the Court, if any, under Federal Rule

    of Evidence 614; and telephonic cross-examination.

    • Telephonic opening and closing.

    This approach relies on two tested technologies: the Court’s electronic filing system

    and the telephone. This approach also makes available exhibits for all parties in a

    manner that avoids confusion during direct and allows for the court reporter to

    accurately reflect objections in real time, if any. And this approach allows the

    Court—especially as trier of fact in this bench trial—to ask questions of witnesses.

    Counsel files this proposal as a Notice so that the Court can consider the

    Secretary’s concerns and proposal in written form, the Secretary can (hopefully)

    streamline her presentation during the telephonic hearing scheduled for Thursday,

    April 2, 2020, and the other Parties (or the Court) can allay the Secretary’s concerns

    where possible.

    3
    Case 4:19-cv-00300-RH-MJF Document 313 Filed 04/02/20 Page 4 of 6

    Respectfully submitted:

    BRADLEY R. MCVAY (FBN 79034)


    General Counsel
    brad.mcvay@dos.myflorida.com
    ASHLEY E. DAVIS (FBN 48032)
    Deputy General Counsel
    ashley.davis@dos.myflorida.com
    Florida Department Of State
    R.A. Gray Building Suite, 100
    500 South Bronough Street
    Tallahassee, Florida 32399-0250
    Ph: (850) 245-6536/Fax: (850) 245-6127
    /s/ Mohammad O. Jazil
    MOHAMMAD O. JAZIL
    (FBN 72556)
    mjazil@hgslaw.com
    GARY V. PERKO (FBN 855898)
    gperko@hgslaw.com
    EDWARD M. WENGER
    (FBN 85568)
    ewenger@hgslaw.com
    Hopping Green & Sams, P.A.
    119 South Monroe Street, Suite 300
    Tallahassee, Florida 32301
    Ph: (850) 222-7500/ (850) 224-8551
    GEORGE N. MEROS, JR.
    (FBN 263321)
    george.meros@hklaw.com
    TARA R. PRICE (FBN 98073)
    tara.price@hklaw.com
    Holland & Knight LLP
    315 South Calhoun Street, Suite 600
    Tallahassee, Florida 32301
    Telephone: (850) 224-7000
    Facsimile: (850) 224-8832

    Counsel for Florida Secretary of State


    Dated: April 2, 2020 Laurel M. Lee
    4
    Case 4:19-cv-00300-RH-MJF Document 313 Filed 04/02/20 Page 5 of 6

    CERTIFICATE OF COMPLIANCE WITH LOCAL RULES

    The undersigned certifies that the foregoing complies with the size, font, and

    formatting requirements of Local Rule 5.1(C), and that the foregoing complies with

    the word limit specified in Local Rule 7.1(F).

    /s/ Mohammad O. Jazil

    5
    Case 4:19-cv-00300-RH-MJF Document 313 Filed 04/02/20 Page 6 of 6

    CERTIFICATE OF SERVICE
    I HEREBY CERTIFY that a true and correct copy of the foregoing was served

    to all counsel of record via email on April 2, 2020.

    /s/ Mohammad O. Jazil


    Attorney

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