UNITED STATES v. ZACARIAS MOUSSAOUI (Sep. 4, 2002) Prosecutors' Contention That Hotmail E-mail Is "Extremely Difficult To Trace" http://news.findlaw.com/hdocs/docs/terrorism/usmouss90402grsp.pdf
The United States respectfully submits the following response, and the attached affidavit of FBI Special Agent Bridget A. Lawler, to the Courts Order dated August 27, 2002. Based on the attached affidavit of Special Agent Lawler, we submit the following points: 1. The United States was never aware of the [EMAIL PROTECTED] account until July 2002, when the defendant listed it in one of his pleadings. That the xdesertman account was not discovered is explained primarily by understanding that Hotmail is a free email system that does not verify an account holders identity and that Hotmail is unable to provide the account used by a particular user on a particular computer at a particular date and time. 2. That the [EMAIL PROTECTED] address was not discovered by the FBI is further explained because it is extremely difficult, if not impossible, to find Hotmail account names from a forensically examined computer, unless the user downloaded account information to the computer or to electronic storage media. As far the United States can discern, Moussaoui did not download to computer or electronic storage media any data indicating the [EMAIL PROTECTED] account name. 3. After September 11, 2001, the FBI learned that Moussaoui had used a computer at Kinkos, in Eagan, Minnesota, to connect to the internet. When the FBI learned that Moussaoui had used a computer at Kinkos, the FBI investigated that Kinkos store and was informed that the Kinkos had since erased the data from its computers, as is Kinkos regular practice. Accordingly, the FBI did not seize the computers from Kinkos, Eagan, Minnesota. And, as noted above, even if such computers were seized, it is highly unlikely that evidence of the [EMAIL PROTECTED] account would have been discovered. 4. The FBI seized and searched Mukkarum Alis computer from the apartment that Ali and Moussaoui shared in Norman, Oklahoma, and the FBI searched a computer from the University of Oklahoma that Moussaoui claims to have used. Searches of these computers did not turn up the [EMAIL PROTECTED] email account. 5. On August 16, 2001, when Moussaoui was arrested by the INS in Minnesota, his laptop computer and a floppy diskette were seized. On September 11, 2001, the FBI obtained and executed a search warrant for these items. Moussaoui had saved email activity from his [EMAIL PROTECTED] account to the floppy diskette. The FBI also discovered that email account because Moussaoui used it to communicate with flight schools and aviation-related entities. The email from that diskette has been examined and will be used at trial; it has also been produced in discovery in this case. 6. A copy of Moussaouis lap top was given to two other government agencies for their review, but the FBI has received no result from any analysis they may have done. The FBI conducted an aggressive and responsible investigation into Moussaouis computer and email activity, particularly given the great demands placed on the FBIs computer investigation capabilities in the wake of the September 11 terrorist attacks. The email activity recovered from Moussaouis laptop computer and floppy diskette after September 11 will be offered at trial. Unfortunately, Hotmail email accounts are extremely difficult to trace, and Moussaouis use of Kinkos computers was not known until after September 11, when it was too late literally and figuratively to find the [EMAIL PROTECTED] account.
