Sam Bankman-Fried is in Judge Kaplan's courtroom, 8 minutes early, rubbing the outside of his nose. Judge Kaplan: Mr. Roos, are you going to do the honors of starting this afternoon?
AUSA: Yes. With the discovery of the defendant's use of a VPN, we propose to broaden the conditions. The case involves a business that was reliant on the Internet. Defendant was using auto-delete on Signal, and de-emphasizing e-mail. There are still wallets out there. In this case, in at least 2 instance, funds have moved that belonged to the estate or debtor. In January, several Alameda wallets were accessed. There was been witness tampering and obstruction of justice. Now there's use of a VPN. We have to move beyond the wackamole approach. We need a clear rule about defendant's use of devices and the Internet.
Judge Kaplan: You're putting a lot of trust in him.
AUSA Roos: We are mindful of defendant's First Amendment rights --
Judge Kaplan: Are you claiming there is a Constitutional right, once charged, to access the Internet?
AUSA Roos: We are proposing restrictions.
Judge Kaplan: Detained defendant still prepare their defense without the Internet. What is unique about this defendant?
AUSA Roos: OK, what about access to discovery?
Judge Kaplan: Let's get into that. Where is the database?
Judge Kaplan: You could show him the database on a device without the ability of communication.
AUSA Roos: The FTX debtor is concerned about turning over a database like this --
Judge Kaplan: A duplicate could be created. Let's get on.
AUSA Roos: We proposed pen registers and computer monitoring that Pre-Trial Services has, for laptops and cell phones. I haven't had that conversation. It would be a suitcase sized server iIn the Cloud. It's read-only. ...
SBF's lawyer Cohen: Our client couldn't use Google Docs, or Microsoft Word or computational programs, could not Zoom with witnesses
[Note: Avi Eisenberg, detained at demand of this same US Attorney's Office, can't do any of those things. No talk of First Amendment] ...
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