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Unformatted text preview: Ziegler's computer that would record his Internet activity. He reported that he had "spot
checked" Ziegler's cache files and uncovered several images of child pornography. A
review of Ziegler's "search engine cache information" also disclosed that he had searched
for "things like 'preteen girls' and 'underage girls.' " Furthermore, according to Schneider,
Frontline owned and routinely monitored all workplace computers. The employees were
aware of the IT department's monitoring capabilities.
The parties dispute what happened next. According to testimony that Softich and
Schneider provided to a federal grand jury, Agent Kennedy instructed them to make a
copy of Ziegler's hard drive because he feared it might be tampered with before the FBI
could make an arrest. Agent Kennedy, however, denied that he directed the Frontline
employees to do anything. According to his testimony, his understanding was that the IT
department had already made a backup copy of Ziegler's hard drive. As the government
points out, his notes from the Softich interview say, "IT Dept has backed up JZ's hard
drive to protect info." Thinking that the copy had already been made, Kennedy testified
that he instructed Softich only to ensure that no one could tamper with the backup copy.
Whatever Agent Kennedy's actual instructions, the Frontline IT employees' subjective
understanding of that conversation seems evident from their actions during the late
evening of January 30, 2001. Around 10:00 p.m., Softich and Schneider obtained a key to
Ziegler's private office *1141 from Ronald Reavis, the chief financial officer of Frontline,
entered Ziegler's office, opened his computer's outer casing, and made two copies of the
Shortly thereafter, Michael Freeman, Frontline's corporate counsel, contacted Agent
Kennedy and informed him that Frontline would cooperate fully in the investigation.
Freeman indicated that the company would voluntarily turn over Ziegler's computer to
the FBI and thu...
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- Spring '08