City of Providence, Rhode Island v. Bats Global Markets, Inc. et al

Filing 396

ORDER: Attached to this Order is a copy of the letter that the Court sent today to the Securities and Exchange Commission. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/29/2020) (ks)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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CITY OF PROVIDENCE, RHODE ISLAND,
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Plaintiff,
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v.
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BATS GLOBAL MARKETS et al.,
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Defendants.
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14-CV-2811 (JMF)
ORDER

JESSE M. FURMAN, United States District Judge:
Attached to this Order is a copy of the letter that the Court sent today to the Securities
and Exchange Commission.

SO ORDERED.
Dated: January 29, 2020
New York, New York

__________________________________
JESSE M. FURMAN
United States District Judge

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
500 PEARL STREET
N EW YORK, NEW YORK 10007

CHAMBERS OF

JESSE M. FURMAN

January 29, 2020

TEL: [phone]
FAx: (212 ) 805- 7 996

UN IT ED STAT ES DIST RI CT JU D GE

Robert Stebbins, General Counsel
Office of the General Counsel
United States Securities and Exchange Commission
100 F Street, NE
Washington, DC 20549
202-551-5100
stebb [e-mail]
Dear Mr. Stebbins,
In City of Providence, Rhode Island v. BATS Global Markets, Inc., 14-CV-2811 (JMF), over which this Com1 is
presiding, there is a pending dispute between the parties concerning the terms of an order governing production of
electronically stored information held by the Defendant Exchanges. The nature of the dispute is set forth in detail
in the parties ' letters to the Cou11, copies of which are enclosed for your consideration . As you will see from
those letters, the dispute concerns whether Plaintiffs should be required to store ce11ain data to be produced by the
Defendant Exchanges on a system that fully complies with NIST Security and Privacy Controls for Federal
Information Systems and Organizations (Special Publication 800-53 Rev. 4). That dispute appears to turn on,
among other things , the applicability of the SEC's Regulation Systems Compliance and Integrity ("Reg SCI" ) and
the adequacy oflnternational Standards Organization ("ISO") 2700 l ce11ification.
Given the technical nature of the pai1ies' dispute and each side's invocation of SEC guidance on these matters, the
Court would be interested in hearing the views of the SEC Staff. If you could send the Court a letter (to be
publicly docketed) setting fo11h the SEC Staffs views on the pai1ies' dispute - including but not limited to
whether Reg SCI applies to the data to be produced and the adequacy of ISO 2700 I certification - the Com1
would be grateful. In light of pending discovery deadlines in the case, the Cow1 would be grateful for a prompt
reply - ideally on or before February 5, 2020. (To expedite delivery, the Cow1 would ask you to email a copy of
the letter to Furnrnn_NYSDChambers@ nysd.uscourts.gov.)
If you need any fu11her information or have any questions, please contact the Court in writing.

Encl.: ECF Nos. 381 , 384, 386, and 387
cc (by ECF and without enclosures): Counsel of Record