ENFORCEMENT US. Department of Justice Federal Bureau of Investigation Washington, DC. 20535-0001 July 13, 2011 Frederick H. Bealefeld, 111 Police Commissioner Baltimore Police Department 601 East Fayette Street Baltimore, Maryland 21202-4014 Gregg L. Bernstein, Esq. State?s Attorney Of?ce of the State?s Attorney for Baltimore City 110 North Calvert Street Baltimore, Maryland 21202 Re: Purchase Wireless Collection Equipment/Technology and Non-Disclosure Obligations Dear Commissioner Bealefeld and Mr- Bernstein: We have been advised by the Harris Corporation of the Baltimore Police Department?s request to purchase certain wireless collection equipmentltechnology manufactured by Hanis. Consistent with the conditions on the equipment authorization granted to Harn's by the Federal Communications Commission (FCC), state and local law enforcement agencies must coordinate with the Federal Bureau of Investigation (FBI) to complete this non-disclosure agreement prior to the acquisition and use of the equipment/technology authorized by the FCC authorization. As you are aware, law enforcement agencies increasingly rely on wireless collection equipment/technology to conduct law?illy-authorized electronic surVeillance. Disclosing the existence of, and the capabilities provided by, such equipment/technology 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 countermeasures 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 adversely impact criminal and national security investigations.? That is, disclosure of this information could result in the inability to protect the public from terrorism and other criminal activity because, through public disclosures, this technology has been rendered essentially useless for future investigations. In order to ensure that such wireless collection continues to be available for use by the law enforcement community, the equipment/technology and any information related to its functions, operation, and use shall be protected from potential compromise by precluding disclosure of this information to the public in any manner including by not limited to: in press releases, in court ENFORCEMENT ENFORCEMENT documents, during judicial hearings, or during other public forums or proceedings. Accordingly, the Baltimore Police Department agrees to the following conditions in connection with its purchase and use of the Harris Corporation equipment/technology: l. The Baltimore Police Department will ensure that operators of the equipment have met the operator training standards identi?ed by the FBI and are certi?ed to conduct operations. 2. The Baltimore Police Department will coordinate with the FBI in advance of its use of the wireless collection equipment/technology to ensure de-con?iction of respective missions. 3. The Baltimore Police Department will not distribute, disseminate, or otherwise disclose any information concerning the wireless collection equipment/technology or any so?ware, operating manuals, or related technical documentation (including its technical/engineering description(s) and capabilities) to the public, including to any non- law enforcement individuals or agencies. 4. The Baltimore Police Department will not distribute, disseminate, or otherwise disclose any information concerning the wireless collection equipment/technology or any so?ware, operating manuals, or related technical documentation (including its technical/engineering description(s) and capabilities) provided to it to any other law enforcement or government agency without the prior written a roval of the FBI. If approved, prior to any distribution, dissemination, or com le disclosure of any information concerning the wireless collection equipment/technology or any software, manuals, or related technical documentation related to such equipment/technology, all materials shall be marked ?Law Enforcement Sensitive, For Of?cial Use Only - Not to be Disclosed Outside of the Baltimore Police Department.? 5. The Baltimore Police Department and Of?ce of the State?s Attorney for Baltimore City shall not, in any civil or criminal proceeding, use or provide any information concerning the Harris Corporation wireless collection equipment/technology, its associated so?ware, operating manuals, and an related documentation (including its technical/engineering description(s) and capabilities) beyond the evidentiary results obtained through the use of the equipment/technology including, but not limited to, during pre-trial matters, in search warrants and related af?davits, in discovery, in response to court ordered disclosure, in other af?davits, in grand jury hearings, in the State?s case-in-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 the Baltimore Police Department or the Of?ce of the State?s Attorney for Baltimore City learns that a District Attorney, prosecutor, or a court is considering or intends to use or provide any information concerning the Harris Corporation wireless collection equipment/technology, its associated soitware, operating manuals, and any related documentation (including its technical/engineering description(s) and capabilities) beyond the evidentiary results obtained through the use of the equipment/technology in a manner that will cause law enforcement sensitive information relating to the technolo to be made known to the public, the Baltimore Police Department and/or O??ice of State?s Attorney for Baltimore City will immediately notify the FBI in order to allow su?icient time for the FBI to intervene to protect the equipment/technology and information ?rom disclosure and potential compromise. Noti?cation shall be directed to the attention of: Assistant Director Operational Technology Division Federal Bureau of Investigation ENFORCEMENT ENFORCEMENT Engineering Research Facility Building 27958A, Pod A Quantico, Virginia 22135 (703) 985-6100 and Unit Chief Tracking Technology Unit Operational Technology Division Federal Bureau of Investigation Engineering Research Facility Building 27958A, Pod Quantico, Virginia 22135 (703) 985-2602 In addition, the Baltimore Police Department, in conjunction with the Office of the State?s Attorney for Baltimore City will, at the request of the FBI, seek dismissal of the case in lieu of using or providing, or allowing others to use or provide, any information concerning the Harris Corporation wireless collection equipment/technology, its associated software, operating manuals, and any related documentation (beyond the evidentiary results obtained through the use of the equipment/technology), if using or providing such information would potentially or actually compromise the equipment/technology. . A copy of any court order in any proceeding in which the Baltimore I?olice Department or Of?ce of the State?s Attorney for Baltimore City is a party directing disclosure of information concerning the Harris Corporation equipment/technology and any associated software, operating manuals, or related documentation (including its mchnical/engineering description(s) and capabilities) will immediately be provided to the FBI in order to allow sufficient time for the FBI to intervene to protect the equipment/technology and information ?'om disclosure and potential compromise. Any such court orders shall be directed to the attention of: Assistant Director Operational Technology Division Federal Bureau of Investigation Engineering Research Facility Building 27958A, Pod A Quantico, Virginia 22135 (703) 985-6100 and Unit Chief Tracking Technology Unit tional Technology Division Federal Bureau of Investigation Engineering Research Facility Building 27958A, Pod Quantico, Virginia 22135 (703) 985-2602 ENFORCEMENT ENFORCEMENT 7. The Baltimore Police Department will not publicize its purchase or use of the Harris Corporation equipment/technology or any of the capabilities afforded by such equipment/techno ogy to the public, other law enforcement agencies, or other government agencies, including, but not limited to, in any news or press releases, interviews, or direct or indirect statements to the media. 8. In the event that either the Baltimore Police Department or the Of?ce of the State?s Attorney for Baltimore City receives a request pursuant to the Freedom of Information Act (5 U.S.C. 552) or an equivalent state or local law, the civil or criminal discovery process, or other judicial, legislative, or administrative process, to disclose information concerning the Harris Corporation wireless collection equipment/technology, its associated so?ware, operating manuals, and any related documentation (including its technical/engineering description(s) and capabilities), the Baltimore Police Department will immediately notify the FBI of any such request telephonically and in writing in order to allow suf?cient time for the FBI to seek to prevent disclosure through appropriate channels. Noti?cation shall be directed to the attention of: Assistant Director Operational Technology Division Federal Bureau of Investigation Engineering Research Facility Building 27958A, Pod A Quantico, Virginia 22135 (703) 985-6100 and Unit Chief Tracking Technology Unit Operational Technology Division Federal Bureau of Investigation Engineering Research Facility Building 27958A, Pod Quantico, Virginia 22135 (703) 985-2602 The Baltimore Police Department?s, and the Of?ce of the State?s Attorney for Baltimore City?s acceptance of the above conditions shall be evidenced by the signature below of an authorized representative of the respective agencies. Sincerely, Ernest Reith Acting Assistant Director Operational Technology Division Federal Bureau of Investigation ENFORCEMENT ENFORCEMENT ifs Acknowledged and agreed to this i . day or? 2011, Baltimore Police Department ?ux. Acknowledged and agreed to this day 0 2011, cc: Barry F. Kroboth, Unit Chief, FBI Tracking Technology Unit Valerie M. Barrish, FBI Of?ce of the General Counsel Joseph W. Mazel, FBI O?ice of the General Counsel Sheryl Goldstein, Director, City of Baltimore Mayor?s Of?ce on Criminal Justice ENFORCEMENT