msg#33291: 13 I. u- 81/213 USE SENSITIVE 0.5. Department ofJustine Federal Burcau of Investigation 11? 105135.900! June 29, 2012 Soon IL Poo-onlk Chief Erie County Sheriff?s Of?ce 10 Delaware Avenue Buffalo, NY 14202 Re: Acquisition of Wireless Collection BquipmcnUTechnology and Now Disclosure Obligations LAW ENFORCEMENT SENSITIVE (LES): Tit?c information in this document is the property of the Fedora! Bureau of Investigation (FBI) and may be within Ike Federal Govammenx (and it: conkaclw?. US. low enforcamenl. public mfety or prolecllon amoral: and hormonal: with a mod to bow. beyond these entitle: w?how FBI aparational Technologv Divolan aurhorlzatrarz prohibited. Precawim would be taken to mm thin z'rv?amcttian it ?amed and/or dc?rraytd In a manner- Ma: unauthormd ?out. Information boarng ?u LES caudal may not mud in Iago} proceeding: without/Em racrfving amhortmlon?om [ha agency. Recipl'em: are prohibited from pas/mg the: information marked LES on webs?e on an unclassi?ed network Dear Soon R. Patrnnik: We have been advised by Harris Corporation of the Erie County Shcri??s Of?ce?s request for acquisition of certain wireless collection equipment/technology manufactured by Harris Corporation. Consistent with the conditions on the equipment authorization grooved Ham's Corporation by the Federal Commoolcations Commission (FCC), state and local law enforcement agencies mus?n coordinate with the Federal Bureau of Investigation (FBI) to complete this non-disclosure ago-cement prior to the acquisition and use oftho authorized. by tho FCC authorization. As you are aware, law enforcement agencies increasingly rely on wireless: collection equipment/technology to conduct law??ly-amhorizod electronic moillance. Disclosing the existence of and the capabilities provided by such to the public would reveal sensitive technological capabilities possessed by the law enforcement community and may allow individuals who are the subject of investigation wherein this equipment/technology is used to employ countermeasmes to avoid detection by law enforcement. This would not only potentially endanger the lives and physical safety of law enforcement of?cers and other individuals, but also udwmoly hnpact croniual and national security iuvcatigations- That is, disclosqu of this infomatioo could result in the 1781?s inability to protoct the public ?'om OFFICIAL USE ENFORCEMENT SENSITIVE Page 1. of 6 JUl?lc-29H2812 17313 32/933 ,1 Ob'b?lUlAL ENFORCEMENT SENSTTIVE terrorism and other criminal activity because, through public disclosures, this technology has been rendered essentially useless for We investigations. In order to ensure that such collection cquipmentftechnology continues to be available for use by the low enforcoxoem community, the equipment/technology and any information related to its functions, and use shall be protected from potential by precluding disclosure of this information to the public in any manner including but not limitod to: in press releases, 111.com during judicial hearings, or during other public forums or proceedings. Accordingly, the Erie County Sheriff?s Of?ce agrees to the following conditions in connecdon With its acquisition and use of the. Harris Corporation equipment/tethering: 1. By entering into this agreements the Erie County Slicriff'SIOf?cc affirm; that it has statutory authority to law??ly employ this technology and Will do so only in support of public safety operations or criminal investigations. 2. The Erie County Sheriff?s Office assumes responsibility for operating the in accordance with Fedoral law and regulation and accepts aclo liability fer any violations thereof. irrespective of the Federal Bureau. of Investigation approval, if any, for the sale of the equipment/technology. 3. The Erie County Sheriff?s Of?ce will ensure that operators of the equipment have the Operator training standards identi?ed by the FBI and' are Certi?ed to conduct operations. The Eric Comm! Sheriff 3 Office will coordinate with the 1:151:11 advance of its oso of tho wireless collection equipment/technology to ensure dc?con?iction of respective missions. 5. The Brie Cmme Sheriff?s Of?ce will not dist-ionic, disseminate, or otherwise disclose any in?ammation concerning the wireless collection equipment/technology or any software. operating manuals, or related technical documentation (including its technical/engineering description(s) and capabilities) to the public, including to any noo- iaw enforcement individuals or agencies. 6. The Erie County Sheriff?s O?ico will not distribute, disseminate, or otherwise disaloSe any infonnation concerniog the wireless collection equipment/technology or any so?ware, operating manuals, or related loclmical (including its teclmical/engineering desoriplion(s) and capabilities) provided to it to any other law enforcement or government agency without the prior written approval of the FBI. Prior to any appTOVed distribution, dissemination, or comparable disclosure of any infonna?on concerning the wireless collection coulpment/technology or any software. manuals. or relatcd technical dowmentaiion related to such equipment/technology, all materials shall be marked ?Law Enforcement Sensitivo, For Of?cial Use Only Not to be Disclosed Oulside of 'lh? Erie County Shcri?"s Of?ce.? 7. The Erie County Sheriff?s Of?ce shall nol, in any civil or proceeding, use or provide any information concerning the Harris Corporation wireless collection equipmeno?teohnology, its associated software, operating manuals, and any relmegl documentation (including its technical/engineering de5cr?iplion(s) and capabilities) oars ENFORCEMENT Page 2 of6 @bf 1Un&h 17:14 OFFICML USE ENFORCEMENT SENSITIVE bcyond the evidential-y results obtained throogh the use of the equipment/technology including, but not llmitcd to, during pro-tits} matters, in Search_warrants cod rclaicd af?davits, in discovery, in response to court ordered disclosure, to other at?clavrts, in grand jury hearings, in the State?s mom-chief, rebuttal, or on appeal, Or in testimony in any phase of civil or criminal trial, without the prior written approval of the FBI. If tho Erie County Sheriff's Of?ce learns that a District Attorney, prosecutor, or a court is considering or intends to use or provide any infonnation conommg the Hoots Corporation wireless collection equipment/technology, its associated software, oocrotmg manuals, and any related domimwtation (including it: technical/engineering desonp?ooCs) and capabilities) beyond the evidentiary results obtained through the 3153 of the. equipment/technology in a manner that will cause law enforcement relating to tho technology to be madc known to the public, the Erie County Sheriff?s Of?ce will immcdiatcly notify the FBI in order to allow suf?cient time for the FBI to intervonc to protect the equipment/technology and informaoon from disclosure and patential compromise. Noti?cation shall be diroctod to the attention of: Assistant Director Operational Technology Division Federal Bureau of Investigation Engineering Research Facility Building 27958A, Pod A QumrLiuu, Virginia. 22135 (703) 985-6100 and Unit Chicf Tracking Technology Unit Operaiional Technology Division Federal Bureau of Investigation Engineering Research Facility Building 27958A, Pod QUantico, Virginia 22135 (703) 985-6840 In addition, tho Eric County Sheriffs Of?ce will, at the request of the FBI, seek dismissal of the we in lieu of using or providing. or others to use or prowde, 531? information concerning the Harris Corporation wireless collection equipment/technology, its associated so?warc, Operating manuals. and any related documentation (beyond the evidcnliury rcsulls obtaiuod through the use of if using or providing such information would potentially or actually compromise the This point supposes that the agency has some control 01? in?uence ovcr tho prosccutorial process. Where stich is oot the case, or is limited so as to be inconslequemial, it is the that the law enforcement agency identify the applicable: prosecuting agency, or agencies, for inclusion in this agree-mom. A copy of court order in any proceeding in which the Erie County Sheriff?s Of?cels 3 Early directing disclosure of information cOnccming the ?l-larris Corporation equipment/technology and any associated software, opcrating manuals, or relatcd OFFICIAL USE SENSITIVE Page 3 dfo 17:14 66/29r?293?2 15:12 7838328535 no OFFICIAL USE ENFORCEMENT documentation (including its technical/engineering lino. oapabxhues) W111 immwiatoly be provided to the FBI in order to allow tune for the FBI to mtewone to protect the equipmenmechnology and loformanon ?'om ghaclosure and potential compromise. Any such court orders shall be dnectcd to the attention of: Assistant Director Operational Techoology Division Fulcrul Bataan of Lmstigation Engineering Roscarch Papility Building 27958A, Pod A QUan?co, Virginia 22135 (703) 985?5100 and Unit Chi of Tracking Technology Unit Operational Technology Division Federal Bureau of Investigation Engincoring Research Facility Building 27958A, Pod Quantico, Virginia 22135 (703) 985-6840 10.1113 Erie County Sheriff?s Of?ce will not publicize its acquistion or use of the Harris Corporatlon or any of the capabilities o?'orded by such oqnipmenl/technology to the public, other law enforcemont agencies, or other government agencies, imludlng. but not limited to, in any news or press releases, mmrviews, or direct or indirect statements to the media. ~11. In the event that the Erie County Sheriff's Of?oe. receives a request pummnr To ?le Freedom of Information Act (5 U.S.C. 552) or an equivalent $1213 or local law, the civil or criminal discovery process, or minor judicial, legislative, or administrative process, to disclose mfoxmarlon concerning the Harris Corporation wireless collection equipment/technology, its associated so?ware, operating manuals, and any relath domlmentatlon (including its technical/enginee?ng doscriptlon(s) and capabilities). the Erie County Sheriff?s Of?ce will immediately notify tho FBI of any such reqmst tolephonlcallry and in Writing in order to allow suf?cient time im- the FBI to seek to prevent dig}: osun: Lhmugh channels. Noti?cation shall be directed to the attention 0 Assismnt Director Operational Technology Division Federal Bureau of Investigation Enginoexin Research Facility 2 958A, Pod A Quantxco, Virginia 22135 (703) 985-6100 and Unit Chief Tracking Technology Unit OFFICIAL USE ENFORCEMENT SENSIHVE Page 4 of 6 12:38 81/83. Luau OFFICIAL USE SENSITTVE Operational Technology Pivjsion Pedeml Bureau of Invemgapon Engin Rosana}: Pncihty 2 953A, Pod thico Virginia 22135 (703) 98 6840 OFFICIAL USE ONLYIILAW ENFORCEMENT Pug: 5 cf 6 12:38 OFFICIAL USE. ENFORCEMENT SENSITIVE The Erie County Sheriff?s Of?ce?s acceptance of the above condition; shall lye e?denccd by *he signatures below of an authorized represantative and wireless collecnon eqmpment operators of the Eric: County Of?ce. Sincerely, Christopher M. Piehota Special Agent in Charge Buffalo Division Federal Bureau of Investigation Achowledged and agreed to this day of . 2011. 9143M Scott R. Panomk Chief Erie County Sheriff's Of?ce Bu?al 0. NY Alan R?z?nsky? Sr. Detective Timolhy Camey? I Dates a 7. Dini?l Gra?izillc Detec?ve UNCLAS OFFICIAL USE ENFORCEMENT SENSITIVE Page 6 01?6