BASLE (in;sz Cuumi MICHELLE DJIIAKEMORE Chief mum". PRINCIPAL min Michael/t Malkcl Penny Kelley Hm SAN BERNARDINO COUNTY COUNTY COUNSEL 315 mm: AKKOWIIEM) AVENUL 4" FLOOR MN BERNARDINO, CA 920541 ma TELEPHONE rm) 587--5455 mx (9w) sin-m: mi swam 5 mi smii Mum mm mm in mm. hm>> mi mm Magma mi2015 Cyrus Farivar Ars Technica cyrus.farivar@arstechnica.com Re: Public Records Act Request Dear Mr. Farivar: The San Bernardino County Sheriff's Department ("Department") has completed its review of the records you requested on April 13. 2015. The Department objects to the disclosure of records that are exempt pursuant to state or federal law. (Government Code 625400.) This includes any business or industry information protected by the trade secret privilege. (Civil Code 3426.1 and any privileged "official information" not open. or officially disclosed. to the public. (Evidence Code section 1040). The Department objects to disclosure of confidential investigative and intelligence records. Government Code section 6254, subdivision protects investigative files of a law enforcement agency trom disclosure. (City 0! Harriet v. Superior Court (1995) 37 CalApp. 1411,1422). "[R]eoords of investigations conducted by local police agencies are not open to inspection under the California Public Records Act" (Jackson v. County of Sacramento (ED. Cal. 1997) 175 F.R.D. 653. 654-655). The section 6254(6) exemption is not limited to situations where the likelihood of enforcement has ripened into something concrete and definite. (Hayni'e v. Superior Court (2001) 26 Cal. 4th 1061. 1070.) Furthermore. the exemption continues for an indefinite period of time, even after an investigation has concluded. (Williams v. Superior Coll/111993) 5 Cal. 337. 3557 362, and Rrvero v. Superior Court_(1997) 54 CaiAppA'" 1048. 1052,) Finally. the Department objects to the disclosure of documents when the public interest sewed by not disclosing the record clearly outweighs the public interest served by disclosure of the record. (Government Code 6255(a); Times Mirror Co. v. Superior Court (1991) 53 Cal.3d 1325; Rogers v. Superior Court(1993) 19 CalAppA:h 469.) This includes any records that qualify as preliminary drafts. notes. or interagency or intra- agency memoranda that are not retained in the ordinary course of business (Government Code 6254(a): Citizens forA Better Environment v. Department of Food and Agriculture (1985) 171 Cal. App. 3d 704.) Cyrus Farivar ' 1V May 7, 2015 Page 2 Without waiving these or any other objections, exemptions, or privileges relating to this request, the Department has nonetheless made a good faith effort to identify records which may be responsive to your request. Below, please find an itemized list addressing your records‘requests: 1. Any and all records regarding y o u r agency's acquisition of cell site simulators, including but not limited to invoices, purchase orders, contracts, loan agreements, evaluation agreements, solicitation letters, correspondence with companies and public agencies that provide the devices, and similar documents. See attached one (1) page “Report/Recommendation to the Board of Supervisors of San Bernardino County, California and record of Action” dated December 18, 2012. This document is the public record signifying the County’s purchase of the wireless receiving system from the Harris Corporation. 2. A n y and all records regarding a n y offer, proposal, arrangement, agreement, or memorandum of understanding with the California Highway Patrol ("CHP"), Naval Criminal Investigative Service ("NCICS"), Federal Bureau of Investigation ("FBI"), U S . Marshals Service, FBl's Data Intercept Technology Unit ("DITU"), Northern California Regional Intelligence Center (“NCRIC”), and/or any corporation, to borrow, permanently a c q u i r e from, or use a n y cell site simulator owned or possessed by the named entities. The Department has not located any disclosable documents that are responsive to this request. 3. A n y and all nondisclosure agreements with Harris Corporation, Digital Receiver Technology ( D R T, formerly Utica Systems, now a subsidiary of Boeing Corporation), Septier Communication Limited, Proximus LLC, a n y other corporation, and a n y state or federal agencies, regarding your agency's actual or potential possession or use of cell site simulators See attached 6 page non-disclosure agreement between the Sheriff’s Department and the FBI. The document is redacted pursuant to Government Code § 6255(a), and § 6254(c). 4. A n y and all records regarding policies and guidelines governing use of cell site simulators, including but not limited to a) when, where, how, and against whom they devices m a y be used, b) logging, retention, purging, use, and auditing data stored in or communicated from the devices, 0) under what circumstances administrative warrant, iudicial warrant, or other legal p r o c e s s must, should, or should not be obtained prior to, during, or following direct or indirect use of the d e v i c e ; d) under what circumstances the eXistence or use of the devices must, should, or should not be revealed to iudges, prosecutors, defense attorneys, criminal defendants, or the general p u b l i c , and e) parallel construction techniques for use in avoidance of disclosure of the initial method of discovery of information gained initially by use of cell site simulators Cyrus Farivar ,, I May 7, 2015 Page 3 The Department has not located a n y disclosable documents that are responsive to this request. 5. A n y and all training materials for use of cell site simulators The Department has not located a n y disclosable documents that are responsive to this request. 6. A n y and all records reqardinq a n y communications or aqreements with wireless service providers (i.e., mobile phone carriers such as AT&T, CenturyLink, CREDO Mobile, MetroPCS, Sprint, Tinq, T-Mobile, Verizon, Virgin Mobile, etc.) concerninq use of cell site simulators The Department has not located any disclosable documents that are responsive to this request. 7. A n y and all records reqardinq a n y communications, licenses, waivers, or aqreements, with federal or state communications requlatory aqencies (e.q., Federal Communications Commission, Canadian Radio-television and Telecommunications Commission, California Public Utilities Commission) concerninq use of cell site simulators ‘ See attached redacted Non-Disclosure Agreement between the Department and the FBI. See attached six (6) page non-disclosure agreement between there Sheriff’s Department and the FBI. The document is redacted pursuant to Government Code § 6255(a), and § 6254(c). 8. A n y and all records reflecting the number of investiqations in which cell site simulators were used, the number of those investiqations that resulted in prosecutions, and the number of those investiqations that resulted in convictions Department records indicate that the device w a s used 201 times in 2014, and was used 102 times between January 1, 2015 and May 7, 2015. Further detail regarding the use of the device cannot be provided, and is exempt from disclosure pursuant to the authorities discussed above. and/or case numbers if available, in which law enforcement officers or other staff used or arranged for the use of one or more cell site simulators as part of the underlying investiqations 9. Any and all records reflecting a list of all criminal cases, with docket The Department has not located any disclosable documents that are responsive to this request. Any records of this type are exempt from disclosure pursuant to the authorities discussed above. 10. A n y and all applications submitted to state or federal courts for warrants, orders, or other other authorization for use of cell site simulators in criminal investiqations, as well as a n y warrants, templates, orders, authorizations, denials of warrants, denials of orders, denials of authorization, and returns of warrants associated with those applications See attached six (6) page template used by detectives seeking a search warrant to obtain information pertaining to cell phones. A n y additional Department records responsive to this request are exempt from disclosure pursuant to the authorities discussed above. Cyrus Farivar . ~ May 7, 2015 ' Page 4 11. A n y and all records reqardinq the use of cell site simulators in closed investiqations Any Department records responsive to this request are exempt from disclosure pursuant to the authorities discussed above. 12. A n y and all date and docket number of a n y responsive records that are sealed The Department has not located any disclosable documents that are responsive to this request. Any records of this type are exempt from disclosure pursuant to the authorities discussed above. 13. A n y and all associated metadata Any Department records responsive to this request are exempt from disclosure pursuant to the authorities discussed above. Sincerely, J AN-RENE BAS . o nty (finial MILES A. KOWAL Kl Deputy County Counsel #2DD8611 UNCLASSlFlED‘lfLAW ENFORCEMENT SENSITIVE US Department of Justice Federal Bureau ofInvestigation Washington, DC. 20535-0001 December 7-, 2012 Captain _ San Bernardino Sheriffs Department h San Bernardino, CA 92402 < Re: Acquisition of Wireless Collection Equipment/1"echnology and Non! Disclosure Obligations LAW ENFORCEMENT SENSITIVE (LES): The information in this document is the property of the Federal Bureau of Investigation E B ! ) and inay be disiribuied within the Federal Government (and its contractors), US. intelligence, law enforcement, public sofer or protection ofi‘icials and individuals with a need to know. Distribution beyond these entities without FBI Operational Technology Division authorization is prohibited Precautions should be taken to ensure this information is stored and/or destroyed in a manner that precludes unouthorized access. Information bearing the LES caveat may not be used in legalproceedings without first receiving authorizationfrom the originating agency. Recipients are prohibitedfrom subsequently posting the information marked LES ona website onan unclassifiednetwork. D e a r ! .” We have been advised by Harris» Corporation of the San Bernardino Sheriff’s Department’s request for acquisition of certain wireless collection equipment/technology manufactured by Harris Corporation. Consistent with the conditions on the equipment authorization granted to Harris Corporation 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 lawfiilly-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 officers and other - UNCLASSIFIED/ILAW ENFORCEMENT SENSITIVE Page 1 of6 UNCLASSlFIED/ILAW ENFORCEMENT SENSITIVE individuals, but also adversely impact criminal and national security investigations. That is, disclosure of this information could result in the FBI’s 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 equipment/technology continues to be available for use by the law enforcement community, the equipment/technology and any information related to' its fiin'cti'ons, operation, and use shall be protected from potential compromise by precluding disclosure of this information to the public in any manner including but not limited to: in press releases, in court documents, during judicial hearings, or during other public forums or proceedings. Accordingly, the San Bemardino Sheriff’s Department agrees to the following conditions in connection with , its acquisitipn and use of the Harris Corporation equipment/technology: 1. By entering into this agreement, the San Bernardino Sherist Department affirms that it has statutory authority to'lawfully employ this technology and will do so only in support of public safety operations or criminal investigations. The San Bernardino Sheriffs Department assumes responsibility for operating the equipment/technology in accordance with Federal law and regulation and accepts sole liability for any violations thereof, irrespective of the Federal Bureau of Investigation approval, if any, for the sale of the equipment/technology. ’ The San Bernardino Sheriff’s Department will ensure that operators of the equipment have met the operator training standards identified by the FBI and are certified to conduct operations. The San Bernardino Sheriff‘s Department will coordinate with the FBI in advance of its use of the wireless collection equipment/technology to ensure de-confliction of respective missions. _ The San Bemardino Sheriff’s Department will not distribute, disseminate, or otherwise .. disclose any information 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 non! law enforcement individuals or agencies. "! The San Bemardino Sheriff’s Department will not distribute, disseminate, or otherwise disclose any information concerning the wireless collection equipment/technology or any software, 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 approval of the FBI. Prior to any approved distribution, dissemination, or comparable 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 Official Use Only ~ Not to. be Disclosed Outside of the San Bernardino Sheriff‘s Department.” . UNCLASSIFIED/ILAW ENFORCEMENT SENSITIVE ' ‘Pagez oft? UNCLASSIFtan/ILAW ENFORCEMENT SENSITIVE 7. The San Bernardino Sheriffs Department shall not, in any civil or criminal proceeding, use or provide any information concerning the Harris Corporation wireless collection equipment/technology, its associated soflware, operating manuals, and any related documentation (including its technical/engineering descnpti0n(s) and capabilities) beyond the evidentiary results obtained through the use of the equipment/technology including, but not limited to, during prewtn'al matters, in search warrants and related affidavits, in discovery, in response to court ordered disclosure, in. other affidavits, in grand jury hearings, in the State’s casein-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 San Bernardino Sheriff’s Department 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 eqlfipment/technology, its associated software, 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 technology to be made known to the public, the San Bernardino Sheriff’s Department will immediately notify the FBI in order to allow sufficient time for the FBI to intervene to protect the equipment/technology and information from disclosure and potential compromise. Notification shall be directed to the attention of: Assistant Director Operational Technology Division Federal Bureau of Investigation 11 'neerin Research Facility guantico, Virim'‘a 2213 5 and ! Unit Chief Tracking Technology Unit Operational Technology Division FederalBureau of Investigation Engineering Research F cility Quantico, Virginia !5 8. In addition, the San Bernardino Sheriff’s Department will, at the request of the FBI, seek dismissal of the case in lieu of using or providing, or a l l o n g others to use or previde, any information concerning the Harris Corporation wireless. 7collection 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. This point supposes that the agency has some control or influence over the prosecutorial process. Where such is not the case, or is limited soas to be inconsequential, it is the FBI’s expectation that the law enforcement UNCLASSIFIED/ILAW ENFORCEMENT SENSITIVE ~Page30f6 UNCLASSIFIED/EA“! ENFORCEMENT SENSITIVE agency identify the applicable prosecuting agency, or agencies, for inclusion in this agreement; . ' _ A copy of any court order in any proceeding in which the San Bernardino Sheriffs Department .is a party directing disclosure of information concerning the Harris Corporation equipment/technology and any associated software, operating manuals, or related documentation (including its technical/engineering description(s) and capabilities) will immediately be provided to the F B I in order to allow sufiicient tinie for the FBI to intervene to protect the equipment/technology and information from---disclosure and potential compromise. Any such court orders shall be directed to the attention of: Assistant Director Operational Technology Division Federal Bureau of Investigation Engineerin Research Facility Quantico, Virginia 22135 and Unit Chief Tracking Technology Unit Operational Technology Division Federal Bureau of Investigation Engineering Research Facility Quantico, Virginia 22135 10. The San Bemardino Sherifi’s Department will not publicize its acquisition or use of the Harris Corporation equipment/technology or any of the capabilities afforded by such equipmentftechnology 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. l i . In the event that the San Bernardino Sheriff’s Department 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 software, operating manuals, and any related documentation (including its technical/engineering description(s) and capabilities), the San Bernardino Sheriff’s Department will immediately notify the FBI of any such request telephonically and in writing in order to allow sufiicient time for the FBI to seek to prevent dii‘closure through appropriate channels. Notification shall be directed to the attention 0 : Assistant Director Operational Technology Division UNCLASSIFIED/ILAW ENFORCEMENT SENSITIVE Page 4 o f 6 _ UNCLASSIFIED/LAW ENFORCEMENT SENSITIVE Federal Bureau OfInvestigation Engineerin Research Facility Quantico, Virginia m i 35 and Unit Chief ' Tracking Technology Unit Operational Technology Division . Federal Bureau of Investigation Engineering Research Facility ‘ Quantico, Virginia 22135 UNCLASSIFIED/ILAW ENFORCEMENT SENSITIVE Page 5 of 6 UNCLASSIFEDl/LAW ENFORCEMENT SENSITIVE _ The San Bernardino Sherifi’s Depamnent’s acceptance of the above conditions shall be evidenced by the signatures below. of an authorized representative and Wireless collection equipment operators of the San Bernardino Sheriffs Department. _ Sincerely, Assistant Director Operational Technology Division Federal Bureau of Investigation Acknowledged and agreed to this 1 E day 0 w , 2012. Captain San Bemardino Sheriff’s Department San Bemardino, CA Detective UNCLASSIFIED/[LAW ENFORCEMENT SENSITIVE Page 6 of6 .-. 0D 0N 09 E 3 .3 3B 1» ? . a8E m; _. ..Suee; :36: 8 3.3.» “Hunt”; 92% $8338» o§ § nm§§ t 13° a: 4 88. a3 9083 :.£ 8 .49: A 36 038 3 5 .«M 5 3 8e 39a % “.sy.?» >362. 8a. S .91M 88 3S 3 32».. E g.33 5083 :g 33. 82358 % 08:: 9595:. o: 2 0 5as. 23 ,3: 3.8.3. $v3 02:2 8 D a 20. 3 3.2 58E 3: n § 8m m 5 3 <.9. e3.3 a8 m 3 8: 3.a «353 .0 H 5 £m H 833 9 0 u8 :63 3:23 a3 0 .a a 0 n 58E .g0n% :»? on? 85£33 D 9.9 3033ao95»:sn98 3 % % n as. :9: 3 ia3n2!E9a»; 3 ..36 52. .9. 0322. 3$ .30 3«=8 c86 E 3 a $ :3 B 386 8 w 3 9a.:3 a 3g9.e é 33 358 83 .45.85 :9: « «.6(9 8 5 8 3 53. .0 .9 8 .3 8 58 3 5513.::83 8 3 53 3 3. 8 w O.:ONBDflO o n U m >3 3g a 0m £3 w 9 a n 0 3 i5:3 u 8 °5 3 g a 83 a n i3 :sg9.:8 a:».n3 e 9435 m A 3w 3E “can :u 8 g5 9 3.m 3 o 5883. B s3u« 2z:b8.a8 $ xfl3 8 3.. pgag 398° 3 a$ 935 g 2 :3 ;3 9 a m 0 :8 o n 3 3.as.3m 3:8a3 e6. $.« m s9 W 5 & 8 85. o6 new: 8 5 0 a«3n & £S 3 G 2 :93. n 3 d5 E 2 6 n 5 a i.s.u “.23 55.33. 3 :85 :." g 93.8 m 35*5 c 2 m 2 a5mm 2 « n2:. 2 ao8 a w 2 a oas .:m 8»ea.. > 28:5 3 3&2: 2m £8 353.«a52 3 6 a “33 Im 2 8 n .5p3afim u m a tm O S a am am w p o m m x!m n< g m E rm m S w o”4.w zmg mg >zn fio 3o §§ a~ ao m au8 cg ~n 1:83. w w 3an20 n oa3.no3.n an3 m ”5uclg3n aD .N ace 3!8.» 8. >20 zO m >m 3 an0 D2 4.1m xmvo da W oa O m m O scg vsgD znw gdfl O _O ozmm O a mbz 0 m O n 0a>zE:2 gm gz5 oo m .25 w s SUPERIOR COURT DISTRICT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO iN THE MATTER OF THE APPLICATION OF THE PEOPLE OF THE STATE OF CALIFORNIA FOR AN ORDER AUTHORIZING THE USE OF A PEN REGISTER AND A TRAP~AND-TRACE DEVICE ON TELEPHONE LINE CURe RENTLY DESIGNATED BY TELEPHONE NUMBER: Telephone N u m b e r ] Carrier ) i ) ) Case Number APPLICATION (U N D E R S E A L) ) ) ) ) ) DetectiveName , a Detective for the San Bemardino County Sheriff's Department. hereby applies to the Court for an Order (1) authorizing the use of a PEN register on the telephone lines currently designated by the numbers; Telephone Numbediiie “Telephone Line”); (2) authorizing the use of a trap'and-lmoe device on the Telephone Line: and (3) requiring the disclosure of subscriber name and address, whether listed or unlisted. for numbers called by the Telephone Line or numbers calling the Telephone Line. or found during investigation of this case upon oral or written demand of agents of the San Bemardlno County Sheriff‘s Department. In support of this application. he states the following: 1) I am a detective for the San Be'mardinp County Sheriff's Departmant and am requesting an Order authorizing the installation and use of a PEN register and a trap-and-trace device. and the disclosure of subscriber information. ‘ 2) I certify that the San Bemardino County Sheriffs Department is conducting a criminal investigation of Crime in connection with possible violations of Crime Definition. It is believed that the below named persons and other unknowns are using the Telephone Lines in furtherance of the subject offenses and that the information likely to be obtainedfrom the PEN register and the trap-and-trace devices is relevant to the ongoing criminal investigation being conducted by the above~named agency. AFFIDAVIT “Insert Probable Cause Telephone Number Information “insert how phbne number identified 3) l, the applicant, request that the Court issue an Order authorizing the installation and use of a PEN register to register numbers dialed or pulsed from the telephone line to record the date and time of such dialing’s or pulsing and to record the length of the time the telephone receiver in question is off the hook for incoming calls for a period of 60 days. 4) Applicant further requests that the Order authorize the installationin use of a trap-and! trace device on the tolephone line to record the telephone numbers calling the Telephone Line. Applicant is aware that individuals involved in criminal andlcr narcotic trafficking commonly change their phone numbers in order to defeat surveillance by law enforcement Applicant understands that a PEN register is defined as a device which records or decodes electronic brother impulses that identify the numbers dialed or otherwise transmitted on the telephone lines to which such devices attached. 5) Therefore, as PEN registers are defined with respect to telephone lines, not with respect in numbers or subscribers, and as the government has information showing that the locations from which the PEN registers are requested, are being used for criminal purposes. the applicant requests that this Order for the PEN register is to remain in force in the event that the numbers . or subscribers to the Telephone Line are changed. ‘ 4 Applicant further requests that the Order direct furnishings of information, facilities, and technical assistance necessary to accomplish the installation of the PEN register. trap and trace device. and location information including installation and operation ofthe device unobtrusively and with the minimum of disruption of the normal telephone service. The wire communication service providers shall be compensated by the San Bemardino County Sheriff’s Department for a reasonable expense lncuned in providing such facilities and technical assistant. 6) 7) Applicant further requests the Telephone Center and any other affected telephone companies, longdistance carriers, Information Service Provider, lntemet Service Providers, VOiP Providers and any other service provider be ordered to supply any and all information in theirfiles with respect to persons. including but not limitedto call detail records (COR), calls to destination, calls called by the Telephone Line and persons calling the Telephone Line (except for the contents of communications),-tha target number and any other number discovered during this investigation. whether published or nompubiished, including but not limited to subscriber names and addresses, driver‘s license numbers, Social Security numbers. application information, and billing information, for historical records of 60 days prior to this court - order, upon oral or written demand of agents of the San Bernardino County Sherist Department. . K 8) Applicant further requests that this Order and Application be sealed until otherwise ordered by the court, and that Telephone Carrier and any other affected companies shall not disclose the existence of the PEN register, the trap"and-trace device, or the investigation to the listed subscribers or to any other person, unless or until otherwise ordered by the court. _ WHEREFORE, it is respectfully requested that the Court grant an Order for a period of 60 days from the date hereof: (1) authorizing the installation and use of a PEN register to register numbers dialed or pulsed from the Telephone Line; (2) authorizing the installation and Use of a trap-and!trace device to record the telephone numbers of telephone instriiments calling the Telephone Line including location information; (3) directing Telephone Carrier and any other affected telephone companies to forthwith furnish agents of the San Bemardlno County Sherifi‘e Department with all information, facilities. and technical assistance necessary to accomplish the installation of the PEN register and trap-and-trace device; (4) directing Telephone Carrier and any other affected telephone companies. lnfonnation Service Providers. Internet Service Providers, long-distance carriers and VOIP Providers to supply subscriber names and addresses for persons called by the Telephone Line, calling in and any other number identified ' during the invastigation whether listed or unlisted. upon oral or written demand of agents of the San Bemardino County Sheriff’s Department; and (5) sealing this application and Court's Order. l declare under penalty of perjury that the foregoing is true and correct. EXECUTED: . Affiant's Name" San Bemardino county Sheriff’s Department SUPERlOR COURT DiSTRlCF OF THE STATE OF CAUFORNIA FOR THE COUNTY OF SAN BERNARDlNO lN THE MATTER OF THE APPUCATTON' OF THE PEOPLE OF THE STATE OF CAUFORNIA FOR AN ORDER AUTHORIZING THE USE OF A PEN REGISTER AND A TRAP-AND-TRACE DEVICE 0N TELEPHONE LINE CUR- ' RENTLY DESIGNATED BYTELEPHONE Case Number ComtOrder (UNDER SEAL) NUMBER: Telephone Number / Carrier . This matter having come before the San Bernardino Caunty Superior Court by Detective Affiant's Name, whose probable cause applicatidn requests an Order pursuant to USC Title 18, 2703d , USC Title 18, 3121- 3127, and Electronic Communications Privacy Act (ECPA) - 1 8 U.S.C! 2701-2712, authorizing the Installation and use of a PEN register and hap-and-trace device and location information on the following telephone lines: a) - Telephone Number b) ‘ The "Telephone Lines,” the Cdurt finds that the applicant has certified that the information likely to be obtained by such Installation and use is relevant to an ongoing criminal investigation of Crime in connection with possible violations of Crime Definition lT APPEARiNG that probable cause exists to believe that those named in the application are involved in the commission of Crime and/or using the telephone line in furtherance of the commission of Crime Definition and the numbers dialed or pulsed from the Telephone Line are relevant to an " ongoing criminal investigation of the specified offenses; lT is ORDERED, pursuant to the San Bernardan County Superior Court, that the agents of the San Bemardlno County Sherist Department, the United States Marshall's Service (USMS), and/or any other law enforcement agency may install and use the PEN register to register numbers dialed orpulsed from the Telephone Line to record the date and time of such dialing or pulsing, and to record the length of time the telephone receiver in question is off the. hook for incoming or outgoing cells without geographical limitations to include the entire United States, for a period of 60 days from date of this order; and ' Wis ORDERED, that detectives or authorized civilians of the San Bernardino County Sheriff’s Department, USMS and/or any other law enforcement agency may install and use a trap-and-trace device on the Telephone Line to recordthe telephone numbers calling or being called to the Telephone Line, and all other functions and capabilities of‘the target dévlce(s) including but not limited to all wireless digital functions, wireless analog functions, digital dispatch functions and automatic mode switching functions if available without geographical limitations to include the entire United States. ii is ORDERED that Telephone Carrier, Googie, Skype Communications SARL, Blackberry (RIM) and any and all telecommunications providers subject to regulation bythe Federal Communications Commission to provide telecommunications services within the United States of America, as listed on an ongoing basis on FCC Form 499-A (hereinafter referred to as"Telecommunications Companies"), or intemet Service Providers (hereinafter referred to as iSP), VOIP Providers and any other service provider shall fumISh information, facilities, and technical aSSlstance 24hours adays, 7 days a week, necessary to accomplish the installation and operation of the devices unobtrusively and with a minimum of ' disruption of normal telephone service. [1' is ORDERED that Telephone Carrier", Google, Skype Communications SARL, Blackberry (RIM) shall activate and provide caller IDinformation and any calling features such ascall forwarding and speed dialing currently assigned to the phone, number, if available. iT iS ORDERED that Telephone Carrier, Google, Skype Communications SARL, Blackberry (RIM) ! . and any other Telecommunications company, iSP, VOIP Provider shall provide cell site data and/or 695 location information including, but not limited to, cell site location (physical address) of call initiation, call termination, and call progress locations (Automated Message Accounting Data) connected to the use of each target telephone and any and all cellular telephones filled or being called by each target number without geographical limitations, pursuant to Title 18 USC Section 2703(0). Such service provider shall initiate a signal to determine the location of the subject’s mobile device on the service provider’5 network or with such other reference points as may be reasonable available and atISUch intervals and times as directed by the law enforcement agent serving this order for a period of (60) days. 'l‘i' lS ORDERED that Telephone Carrier, Google, Skype Communications SARL, Blackberry (MM) and any other Telecommunications Company, Internet Service Provider, VOIP Providers and any other service providers, provide toil information pursuant to Title 18 USC Section 2203(0). Cali Detail Records (CDR’s), calls to destination, Per Cali Measurement Data, Real Time Tool, Calea Event GPS locations, including any and all historical data for a period of 60 days prior to the date of this order and/or forthe duration of this order, originating and terminating call detail, ESN or otherequiprnent identifying informationto include: any other phones, phone numbers associated with the account and/or phone number changes, buddy list, and cell site lomtion lnforrnation from any and all telephones called or being called by each target number, any numbers discovered thru the investigation andthe target number if available and shall provide that Information within 48 hours of request from Law Enforcement . when requested verbally or in writing. if ISORDERED that the PEN register trap-and.trace devices on the Telephone Line are to be continued to beauthorized in spite of the fact tharthe subscriber or the number of the Telephone Line may change; further, it is ordered that the affected telephone company notify the San Bernardino County Sheriff’s Department regarding any changes of the number or subscriber of the Telephone Line. iT is ORDERED that Telephone Carrier, Google, Skype Communications SARL, Blackberry (RN) and any and all telecommunications providers, ISP, or VOIP Provider, providing service to the target telephonels) to continue to provide senrice to the target telephone(s) for the duration of the intercept, rega rdleSS of unpaid balances, the'teleoommunicatiOn Companies, iSP, and VOIP PrOViders be ordered to not disclose to the target sub]ect(s) the fact that the service was continued in spite of unpaid balances. in the event the telecommunications, ISP,VOIP Provider cantinue to provide service to the target telephoneis) regardless of unpaid balance, and the target subjectis) do not pay for the continued service, the telecommunications companies shall be compensated by the agency executing the court order ofthe service that was continued regardless of unpaid balances, pursuant to the court’s order iT iSORDERED, pursuant to the San Bernardino County Superior Caurt, that Telephone Carrier, Googie, Skype Communitions SARL, Blackberry (RIM) and any other affected telephone companies and long-distance carriers shall be compensated by the San Bemardino County Sheriff’s Department for reasonable expenses incurred, complying with the Court's Order. I Wis FURTHER ORDERED that Telephone Carrier, Googie, Sity'pe Communications SARL, Blackberry (RIM) and any other affected telephone companies, long-distance carriers, lSP, VOIP Provider and any other service provider 'shall supply any and all information in their files with respect to persons called by the Telephone Line, the current telephone line, for persons calling the Telephone Line, and any other number that is identifiedthru this investigation whether published or non-published, including but not limited to subscriber names and addresses, driver's license numbers, date of birth, Social Security numbers, application information, credit information and billing information, and any other phones, calling plan", start and stop dates, ESN, iMSI, iMEI, SIM number's, buddy list subscribed by the requested subscriber, information related to Blackberry Enterprise server (BES) including iP address, domain, subscriber information of BES, and any other users that are attached to the BES upon oral or written demand of agents of the San Bemardlno County Sheriff Department; andshali provide that information within 48 hours of request from Law Enforcement ' ITis FURTHER ORDERED that this Order and the application be sealed until otherwise ordered by the Court, and that Telephone Carrier, Google, Skype Communications SARL, Blackberry (RIM) , and any other affected Telecommunications companies, 15?,VOIP Provider and any other service providers shall not disclose the existence of the PEN register, the trap-and-trace device, or the existence of the investigation to the liSted subscriber or to any other person, unless or until otherwise ordered by the Court. DATED: ' CALIFORNIA SUPERIOR COURT JUDGE SIGNATURE