Subject: RE: US v. Maxwell - [conferral re photo and other discovery deficiencies]

Date: Fri, 21 May 2021 16:08:12 +0000

## Hi Laura, I have conferred with our vendor regarding the list of file extensions you provided. The mpg extension should be an audio file, which would be playable on VLC or Windows Media. The psb and psd extensions should be openable on PhotoShop. For the rest of the extensions, QuickView Plus may open these files. To the extent you have specific issues with particular files in our productions, we cannot provide further assistance unless you identify the specific Bates numbers at issue. Best, Assistant United States Attorney Southern District of New York 1 St. Plaza New York, NY 10007 Hi Laura, I will work with our vendor and paralegals to look into the viewers for these file extensions. EFTA00089766 Subject: RE: US v. Maxwell - [conferral re photo and other discovery deficiencies] Thank you for your explanation. We are able to open the file types you noted below (doc, pdf, etc.). Below are the file types that we cannot access. Can you please tell us what viewer you are using to view the following file types that you produced to us? Subject: RE: US v. Maxwell - [conferral re photo and other discovery deficiencies] Laura, Following up on the list of file types that you inquired about below, many of the file types you listed are standard and very common file types. For example: - avi and mov are video files that are playable with a standard media program such as VLC or Windows Media Player - doc is a standard Microsoft Word format | EFTA00089767 | | :--- | :--- | This is a simple Markdown document with no headings or paragraphs. It contains a single line of text. - pdf is a standard Adobe format - xlsx is a standard Excel file - txt is a standard Text file viewable in Notepad or Wordpad - bmp, jpg, png, tif, and tiff are standard image files that should be viewable in Microsoft Paint or any standard image viewer - pps and ps appear to be viewable via PowerPoint - dat files can be viewed as standard text files in Notepad or Wordpad For the remaining file extensions, some may be system files without content. You may be able to view the files with the other extensions using Quick View Plus. If you continue to have difficulty, we can provide more specific assistance if you provide a list or even just examples of Bates numbers that present these issues. Subject: RE: US v. Maxwell - [conferral re photo and other discovery deficiencies] Laura, I have responded to your comments below in red. I am working with the FBI to understand the discrepancy you pointed out, which I did not appreciate until receiving your May 7, 2021 email. The 2,100 estimate was the amount of files that the FBI verbally informed me had been loaded onto the second hard drive when I was arranging for your review of evidence at 500 Pearl. At the time, I did not recall that the 302 had a different number, and I did not check the number the FBI provided verbally against the 302. As soon as I receive clarification from the FBI, I will reach back out to you. As for your request to have access to Highly Confidential images and videos, paragraph 12 of the Protective Order in this case defines Highly Confidential information as discovery material that “contains nude, partially-nude, or otherwise sexualized images, videos, or other depictions of individuals.” That definition does not limit this category to child pornography. Paragraph 14 of the Protective Order further provides that any Highly Confidential materials “Shall be made available for inspection by Defense Counsel and the Defendant, under protection of law enforcement officers or employees.” Given those provisions, as well as the importance of maintaining the security of nude images of third parties, including victims, we are not prepared to provide you with copies of nude or partially-nude images from the hard drives. However, we appreciate your concern that images that do not contain nudity appear to have been designated as Highly Confidential. Accordingly, I am working with the FBI to de-designate any images that do not depict genitals, breasts, or buttocks. Once those images have been de-designated, our office will produce them to you.