Indeed, very few documents filed under seal in federal court are HSDs. Instead, HSDs are unclassified, sealed documents involving: foreign sovereign interests; criminal activity related to cybersecurity, intellectual property, or trade secrets; terrorism; investigation of public officials; information that could have a potentially negative impact on the national security or foreign relations of the United States; and sensitive commercial information likely to be of interest to foreign powers.
The Court anticipates that the following types of sealed documents may often contain information warranting an HSD designation:. But the Court anticipates that the following types of sealed documents are unlikely to contain information warranting an HSD designation:.
The party must include in the envelope a brief statement explaining how the document qualifies as an HSD as defined above.
The party must still serve the HSD on the other parties to the case as they would normally be required to do, but without filing any electronic copies and otherwise by taking appropriate precautions to safeguard the confidentiality of the information in the HSD. The Court may review any document that is submitted with an HSD designation to determine if the document meets the above definition of HSD.
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