OFFICIAL USE ENFORCEMENT SENSITIVE (LS. Department of Justice Federal Bureau of Investigation Washington, DC. 20535-01301 October 14, 2011 Joseph Garniau Commander City of Chicago Police 3510 South Michigan Avenue Chicago, IL 60653 Re: Purchase of Wireless Collection and Non- Disclosure Obligations LAW ENFORCEMENT SENSITIVE m: The information in this document is the property of the Federal Bureau of Investigation (FBI) and may be distributed within the Federal Government (and its contractors}, H.131 low erp?brcement, pubiie so?g: or protedion and inoi'vio?uais with a need to know. Distribution beyond ?ies-e entities without FBI Operations? Technology-District: Humanitarian is prohibited should be taken to ensure this Wot-motion is stored ornit?or destroyed in a manner that precludes unauthorised access. Information Earning the LES caveat may not be used it: legal proceedings without ?rst receiving outaorizotion?om the origin agency. Recipients are prohibited ?rm: subsequently; posting the Mot-motion markedLES on a website on on unclassified network Dear Comatandcr Gonnan: We have been advised by Harris Corporation of the City of Chicago Police Department's request to purchase certain wireless collection 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 increasineg rely on wireless collection to conduct lawfully-authorizcd electronic surveillance. 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 is used to employ countermeasures to avoid detection bylaw enforcement. This would not only potentially endanger the lives and physical safety of law enforcement of?cers and. other UNCLAS OFFICIAL USE ENFORCEMENT SENSITIVE Page 1 of 6OFFICIAL USE ENFORCEMENT SENSITIVE 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 discloslnes, this technology has been rendered essentially useless for future investigations. In order to ensure that such ndreless collection equipmentftechnology continues to be aVailable for use by the law enforcement community, the equipmentftechnology 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 documents, during judicial hearings, or during other public forums or proceedings. Accordingly, the City of Chicago Police Department agrees to the following conditions in connection with its purchase and use of the Harris Corporation equipmentr?technology: l. The City of Chicago Police Department will ensure that operators of the equipment have met the operator naming standards identi?ed by the FBI and are certi?ed to conduct operations. 2. . The City of Chicago Police Department will coordinate with the FBI in advance of its use of the Wireless collection equipmentftechnology to ensure de-confliction of respective missions. 3. The City of Chicago Police Department will not distribute, disseminate, or otherwise disclose anyr infomration consenting the wireless collection equipment/technology or any software, operating manuals, or related technical documentation (including its technicalz?engineering description(s) and capabilities) to the public, including to any non- law enforcement individuals or agencies. I 4- The City of Chicago Police Department will not distribute, disseminate, or otherwise disclose any information concerning the wireless collection equipment/technology or any software, operatic manuals, or related technical documentation (including its technical/engineering description(s) and capabilities) provided to it 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 City of Chicago Police Deparnnent.? 5. The City of Chicago Police Department shall not, in any civil or criminal proceeding, use or provide any information consenting the Harris Corporation wireless collection equipment/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 including, but not limited to, during pro-trial matters, in search warrants and related a?davits, in discovery, in response to court ordered disclosure, in other affadavits, 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 UNCLAS OR OFF USE ENFORCEMENT SENSITIVE Page 2 of 6- OR OFFICIAL USE ENFORCEMENT SENSITIVE City of Chicago Police Department learns that a District Attorney, prosecutor, or a court is considering or intends to use or provide any information concerning the Harris Corp oration ndreless collection equipmentftechnology, its associated software, operating manuals, and any related documentation (including its technicallenginee?ng descrip?on(s) and capabilities) beyond the evidentiary results obtained through the use of the equipmentl?technology in a manner that will cause law enforcement sensitive information relating to the technology to he made known to the public, the City of Chicago Police Department will immediately notify the FBI in order to allow su?icient time for the FBI -to intervene .to protect the equipment/technology and infonnation from disclosure and potential compromise. Noti?cation shall he directed to the attention of: Assistant Diractor Operational Technology Division Federal Bureau of Investigation Engineering Research Facility Building 2795831, Pod A Quantico, Virginia 22135 (703) 935?6100 and Unit Chief Tracking Technology Unit Operational Technology Division Federal Bureau of Invesligation Engineering Research Facility Building 27958A, Pod B- Q??coi Viri'i'a 22135 In addition, the City of Chicago Police Department 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 ndreless collection equipmentftechnology, 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 City of Chicago Police Department is a party directing disclosure of information concerning the Harris Corporation equipmentftechnology and any associated software, operating manuals, or related documentation (including its technicalfengineering description(s) and capabilities) will immediately be provided to the FBI in order to allow suf?cient time for the FBI to UNCLASSIFIEDKIFOR OFFICIAL USE ENFORCEMENT SENSITIVE Page 3 of6 UNCLAS SIFIEDKXFOR OFFICIAL USE ONLYIILAW ENFORCEMENT SENSITIVE intervene to protect the cqrripmentftechnologv and information from disclosure and potential compromise. Any such court orders shall he directed to the attention of: Assistant Director Operational Technology Division Federal Btneau 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 iiuanticol Vir?' 'a 2213 5 The City of Chicago Police Department will riot publicize its purchase or use of the Harris Corporation equipment/technology or any of the capabilities afforded by such equipment/technology 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 staunnents to the media. In the event that the City of Chicago Police 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 infonnation concerning the Harris Corporation wireless collection equipmentt'technology, its associated software, Operating manuals, and any related documentation (including its teohnical/engineering description(s) and capabilities), the City of Chicago Police Deparnnent will immediately notify the FBI of any such request telephonically and in waiting 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 2795 8A, Pod A Quantico, Virginia 22135 (703) 985?6100 OFFICIAL USE ENFORCEMENT SENSITIVE Page 4 of 6 OFFICIAL USE ENFORCEMENT SENSITIVE and Unit Chief Tracking Technology Unit Operational Division Federal Bureau of Investigation Engineering Research Facility Building 2795813., Pod OFFICIAL USE ENFORCEMENT SENSITIVE Page 5 of6 OFFICIAL USE ONLWILAW ENFORCEMENT SENSITIVE The Cit).r of Chicago Police Department?s acceptance of the above cenditions shall be evidenced by the signatures below of an authorized representative and wireless collection equipment operators of the City of Chicago Police Department. Sincerelya Robert D. Grant Special Agent in Charge Chicago Division Federal Bureau of Investigation Acknowledged and agreed to this [Ky/day ofM, 201 l. ies Washbum alter Smith eant Detective 1 ep Gonnan ander City of Chicago Police Dept. Chica Ronald Bonadurer [Tony/dreen I Dated Heppner TechIOrganized Crime Crime Crime "Mm MK Frederick Black Brian Bresocnik Crime Crime JonathOn Davis Brian Roney es orris . Techr?Organized Crime chi/Organized Crime David Dombkowski - Vincent Osuna Christopher Palemo Police Of?cer/Org. Crime Police Officerr?Org. Crime Poiice Of?cerfOrg. Crime OFFICIAL USE ENFORCEMENT SENSITIVE Page 6 Did