UNCLASSIFEDILAW SENSIFIVE US. D?epariment of Justice Federal Bureau 0f Inves?ga?en Washington, EEC. June 5, 2012 David Bjerga A$Sistant Minn?sota Bureau 0f Criminal Apprehansion 1436 Maryland Avsnue East - 81:. Paul, 55106 Re: of Wireless Cones-{ion Equipmemfl?echmlogy and Non? D?isclosurc Gbligatians LAW ENFORCEMENT SENSITIVE Th5 itzfonnazfan in documerzf is the pmperiy of the Federal? Bureau of (FBI) and may be dis?trikuted within the Federal (and its swimmers}, mm?igence, ?45m; euforcemens, pu?iic safeg: 3r grammar: a?cing and M51136an with a 222.23 Imow. Distribution beyond #2258 entities milk-am FBI ?pemtimaf Division is prohibited. shauicf be taken :0 emigre Iii-i5 irzfa?natian is smred'and/ar desfmyed in a manner ska: preciudes unauthorized access. Infam?on bearing fhe LES caveat may :20: ?e used {egai pracaedz?ngs withour?rst receiving authorizati?n ?rm: the a?thatirzg agency; Recipients are prohz?bz?tecifmm subsequently pasting the izy?armazimz marked on a website an an mcimsgieci H??dv?QTk. Em}: Assistam Bjerga: We have b?en advised by Harris Corperatioa 0f the Minnesgta Bureau of Criminal Appmhensi-Gn?s request for acquisitien of certain wireless cu?ection equipmen?iechmlogy manufacturad by Hanis Corpora?on. with the conditions on the equipmeni authorizatien granted 110 Harris C?rperation by the Federal Communicaticms Camrr?ssian (FCC), state and 100231 iaw 6nforcement agancies must with the Faderal Bureau of Investigation (FBI) I10 samplers this nmmdisclosare agreement prior ta tha acquisition and use ,of the autherized by the FCC authorization. A As YGII are: awam, law agencias mere-agiliteg rely an wireless {in?ection squiymen?tachnolsgy to conduct Iawfu?y~authorized electronic surveillance. Disalosing the existence: at? and the capabilities provided by such Equipmanb?teshnoiugy t0 the publis would reveai sensitive technolcgical capabilitias 1203335stde the law Enforcement community and may allow individuals are the subject of 'iavsstigation wherein this equipmentftechnology is used to ample}! canntemeasures amid defectien by law This would nut Gnly patentially endanger [ha lives and physical safety 01? 12w officars and othcr individualm but alga adversd-y impact Criminal and natianal sacurity inwatigati?ns. has is, UNCLAS ENFORCEMENT SENSITIVE . Page I of 6 ENFORCEMENT SENSITIVE - discle-snre of this information could result in the inability to protect the public from tennrism and other Criminal activity because, through public disclosures, this has been rendered essentially useless for future investigations. In order te ensure Enamel} Wireless cellec?en enniinnes to be available for use by the law enferceinent community, the and any infermatien related to its funetiens, epereticn, and use shall be protected frem petential by precluding disclosure of this infennstien to the public in any manner including? but not limited te: in press releases, in court documents, during judicial hearings, 0'1? during other public forums or proceedings. Accordingly, the Minnesota Bureau cf Criminal Apprehension agrees to the follewing conditions in ccnnectien with its acquisition and use of the Harris Corpeiatien equipment/technology: 1, By entering inte this agreement, the N?nnescta Bureau of Ciiniinal Apprehension affirms that it has statutory authcrity to lawfully employ this technology and will do so only in support of public safely eperaiicns er criminal investigations. The Minnesota Bureau of Criminal Apprehensinn assnmes responsibility fer operating the equipmentfteehnolegy in accordance with Federal law and regulatien and accepts sele lia?eility fer any viclaticns thereof, irrespective ef the Federal Bureau of lnvestigatinn approval, if any, for the sale of the equipmentficchnology; The Minnesota Bereau of Criminal Apprehension will ensure that cperaters of the equipment have met the cperater training standards identi?ed by the FBI and are certified to apereticnsi The Minnesota Bunsen of Criminal Apprehension will ceerdinate with the FBI in - advance. of its use cf the wireless celleeiinn equip-mentt?technelegy :0 ensure de- of reSpective missions. The Minneseta Bureau cf Criminal Apprehension will net distribute, disseminate, or etherwise disclose any infenneticn concerning the Wireless collection equipment/technelegy in any Operating manuals, or related technical (including its technicallengineering descriptien{s) and capabilities) t0 the public, including te? any nan?law enforcement individuals or agencies. The Minnesota Bureau cf Criminal Apprehensien will net distribute, disseminate, or Otherwise any informaticn concerning the wireless collection equipmentftechnelogy er any seftware, Operating manuals, or related technical documentation (including its technical/engineering description(s) and capabilities) :c it to any other law enforcement or government agency without. the prier written approval ef the FBI. Print in any appreved distribniien, dissemination, or ccmparable disclosure of any inferrnatien ceneeming the wireless collection equipmentftechnelogy er any se?ware, manuals, or related technical related in such all materials shall be marked ?Law Enforcement Sensitive, For Official Use Only - Net ta be Disclesecl Outside ef the Minnesota Bureau 0f Criminal Apprehensicn.? ENFORCEMENT SENSETIVE Page 2 0i 6 ENFORCEWNT SENSITIVE 7. The Minnesota Bureau of Criminal Apprehension shall not, in any civil or criminal proceeding, use or provide any information concerning the Harris Corporation Wireless collection equipmentfteohnology, its assoeieted software, operating manuals, and any relate-d documentation (including its techn-iealfeogineering descriptioo(s) and capabilities) beyond the eridentiary results obtained through the use of the equipment/technology including, bet not limited to, during pro?trial 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 easewineehief, rebuttal, or or: appeal, or in testimony in any phase of civil or criminal trial, Without the prior written approval of the FBI. If the Minnesota Boreas of Criminal Apprehension learns that a District Attorney, proseeotor, or a court is considering or intends to use or provide any information the Harris Corporation wireless collection equipmentfteehnology, its associated software, operating manuals, and any related documentation (including its technical/engineering des-eriptionCs) and capabilities) beyond the evidentiary results obteioed through the use of the equipmentfteehoology in a. manner that will cause law enforcement sensitive information relating to the technology to be made known to the public, the Minnesota Bureau of Criminal Apprehension will immediately notify the FBI in order to allow suf?cient time for the FBI to intervene to protect the equipmeotfteehnology and. information from disclosure and potential compromise. Noti?cation shall be directed to the attention of: Assistant Director Operational Technology Division Federal Bureau of hwestigetioo Engineering Research Facility Building 27958A, Pod A Quali?er), Virginia 22135 (733) 985-6100 and Unit Chief Tracking Technology Unit Operational Technology Division Federal Bureau of Invostigation Engineering Research Facility Building 27958131, Pod Quantieo, Virginia 22135 (703) 985?6849 8. In addition, the Minnesota Bureau of Criminal Apprehension will, at the request of the FELseek dismissal of the ease in lieu of using or providing, or allowing others to use or prortde, any information conceding the Harris Corooretion wireless collection equipmentfteehnology, 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 eomprornise the equipmeotfteehnology. This point supposes that the agency has serrate control or in?uence over the prosecutorial process. Where such is not the eerie, or ?8 limited so as to be inconsequential, it is the expectatioo that the law enforcement UNCLASSIFIEDIILAW ENFORCEMENT SENSITIVE Page 3 of 6 ENFORCEMENT SENS agency identify the applicable yrosecuting 'ageney, or agencies, for inclusion in this agreement. A copy of any court order in any in whiolx the Mien-mote Bureau of Crimioel Apprehension is a petty directing disclosure of mfonna?oon eonoergmg the Harris Corporation equipment/technology and an}! assoeiated software, ?operaengi menuels: or related documentation (in-eluding its technical/engineering descriptioHCs) ass-cl caeabihees) will immediaiely be provided to the FBI in order to allow suffieient time for the FBI to to protect the equipmeetfteehnelogy and ierfonnatioo from eliselosere and potential. compromise. Any such eoe? orders shall be directed to the attention of: Assistant Director Operational Teehnoiogy Division Federal Bureau of Investigaiion Engineering Research Facility Building 27958A, Pod A Quantieo, Virginia 22135 (70-3) 985-6100 and Unit Chief . Tracking Technology Unit Operational Technology Division Federal Bureau of Investigation Engineering Researeh Facility Building Pod .Quantieo, Virginia 22135 (703) 985?6843 18. The Minnesota Bureau of Crimea} Apprehension will not publicize its acquisition or use 11. of the Harris Corporation etiuipmentfteehnology or any of the capabilities afforded by such equipmentfteohnology to the public, other law enforcement or oiher government agencieg including, but not limited to, in any news or psess releases, interviews, er direct or indirect statements to the media. In the event that the Mneeseta Bureau of Criminal Apprehension a request pursuant io the Freedom of Ieformation Act (5 U313. 552) or an equivalent. state or 10031 law, the civil or criminal diseovery process, or other judicial, legislative, or ade?nistretive process, to (iiselose information concerning the Harris Corporation Wireless collection equipment/technology, its associated software, operating manuals, and any related documentation (inelu??ng its technical/engineering cie-soripiien(s) and Capabilities), the Mien-esote Bureau of Criminal Appreheesion will immediately notify the FBI of any such request telephonieally aedin writing in order to ell-ow suf?cient time for the FBI to seek to prevent disclosure through eoprop?ate channels. Noti?eation shall be directed 1:0 the attention of: Assistant Director Operational Technology Divisien Federal Bureau of Investigation Engineering Research Facility Buildieg 2795-8131, Pod A Quentieo, Virginie ZSIES (763) 9856100 SENS - Page 4- of 6 - UNCLAS SENSITIVE and Unit Chief Tracking Techneiogy Unit Gperationai Technolegy Division Faderal Burma 9f Invastigation Engmeering Research Facility Building 279-58A, Pod Quanticc, Virginia 22135 (783) 985-6846 ENFORCEMENT SENSITIVE Page '5 0f 5 UNCLASSIFIEDHLAW ENFORCEMENT SENSITIVE The Minnesota. Bureau of Crimi?al Apprehensien?s acceptance. (31" the abeve canditians Shall?be evi?enced by the signatures balow if an autharizad represcntative and Wirelass wilectmn aquip?ment operators of the Mn?eseta Bureau 0f Grimm} Apprahsnsiori. Sincerely, if; Amy T3): Hess . Assistant Dimmer Sperm-anal Technelegy Divisian Federal Bureau of Investigation Acknowiedged and agreed to this day of . 2012. . ?avid Bjerga Assistant Superint Minnesata Bureau. a? Criminal Apprehension St. PaulWilliam O?Donnell Senier Spacial Agent Stephen Kannady I Spatial Agent Sp??ial 57? id Michaal .aneke Spa-?131 ., W?liam Re?t: Special Agent ENFORCEMENT SENSITIVE Page 6 0f 6