From chrisiuptier M. (no) trait --
Sub|ect as Cupy oi stingiay statement
Date May is. 2015 at 5 55 AM
To Faiwar ca ewe: 'E's 

   

Hello Cyrus, Not so much a statement as a written response to questions biir nevertheless. here you go:
Re: our policy on using cell sire 

To use this equipment, the FBI requires a search warrant based on probable cause signed by a neutral
and detached magistrate: with a couple of well recognized exceptions where courts have already held a
search warrant is not required. Those exceptions include exigent circumstances: kidnappings:
missing children, or evidence ofa criminal act that could lead to imminent death or serious bodily
mjury), or where the equipment is being used to locate a fugitive.

In utilizmg this equipment and data, the FBI conducts all investigations in accordance With the Attomey
General Guidelines and the FBI's Domestic Investigations and Operations Guide.

Re: rhe non-disclosure agreements:

Specific capabilities of certain equipment used by law enforcement agencies are considered Law
Enforcement Sensitive. since their public release could harm law enforcement efforts by compromising
future use of the equipment. These non--disclosure agreements are intended to prevent unauthorized
disclosure of sensitive law enforcement infomiation to the general public.

The NDA should not be construed to prevent a law enforcement officer from disclosing to the court or a
prosecutor the fact that this technology was used in a particular case. Defendants have a legal right to
challenge the use of electronic surveillance devices: and not disclosing their use could inappropriately
and adversely affect a defendant's right to challenge the use of the equipment.

Re: dropping criminal cases:

The fact that a law enforcement agency used a cell site simulator is not at issue. Defendants have a legal
right to challenge the use of electronic surveillance devices. and not disclosing their use could
inappropriately and adversely affect a defendant's right to challenge the use of the equipment.

The FBl's concern is W||h protecting the law enforcement sensitive details regarding the tradecraft and
capabilities of the device. As a last resort, after exhausting all other legal means to protect LES
information: the NDA does require state and local law enforcement to drop a criminal case rather than
compromising the future use of the technique by disclosing LES information. To date. the FBI has not
required any agency to dismiss their case based on this proVision in the NDA.

C/iriiriyi/m \1 Allen
[-111 omit>> "Hui/mt Amim

From: Cyrus Farivar 
Sent: Thursday, May 14, 2015 6:01 PM

NPO

n. Allan Inn\ man