.49? UNC ENFORCEMENT SENS ITWE US. Department ofJustice Federal Bureau of Investigation Washington, DC. 20535-0001 February 11,2013 gommanger Phoenix Police Department 620 W. Washington Street Phoenix,AZ 85003 Re: Acquisition of Wireless Collection Equipment/Technology and Non- Disclosure Obligations LA .ENFORCEAJENT SENSITIVE (LES): The information in this document is the property of the Federal Bureau of investigation (F and may be distributed within the Federal Government (and it: contractors), U.S. intelligence, law enforcement, public sat/en) or protection of?cial: 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 unauthorized access. Information bearing the LES caveat may not be used in legal proceedings without ?rst receiving authorization from the originating agency. Recipients are prohibited from subsequently posting the information marked LES on a website on an unclassi?ed nenvork Dear COrmnandef.? We have been advised by Harris Corporationof the Phoenix Police 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 nondisclosure agreement prior to the acquisition and use of the equipment," technology authorized by the CC authorization. As you are aware, law enforcement agencies increasingly rely on wireless collection equipment/technology to conduct electronic smeillance. Disclosing the and the-capabilities provided by such equipment/technology to the public would reveal sensitive techno-logiCal capabilities possessed by the law enforcement community and may allow individuals who are the subject of investigation wherein this equipment/technology is used '1 to avoid detection by law enforcement. This would not only W533 and ohyaical safety of law ot?ticers 'tnd other yr {not 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 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 eqtuprnent?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 but not limited to: in press releases, in court documents, during judicial hearinfI or during other public fortuns or proceedings. Accordingly, the Phoenix Police Department agrees to the following conditions in connection with its acquisition and use of the Harris Corporation equipment/ technology: 1. 7. By entering into this agreement, the Phoenix Police Department af?nns 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" Phoenix Police 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 Phoenix Police Department will ensure that operators of the equipment have met the operator training standards identi?ed by the and are certi?ed to conduct operations. The Phoenix 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. The Phoenix Police 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 Phoenix Police 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 he Disclosed Outside of the Phoenix Police Department.? "the Phoenix Police Department shail not, in any civil or'criminal proceeding, use or any ministration concerning the Harris tifo'rporation ?.vireless collection Sift? F. :?iro?rttio ENFORCEMENT SENSITIVE equipment/technology, its associated so?ware, operating manuals, and any related documentation (including its technicallengineering description(s) and capabilities) beyond the evidentiary results obtained throngh the use of the uin ent/technoloo includ' a but not limited to, during 'thout the prior written approval of the FBI. if the oenix 0 ice epar ment earn at 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 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 Phoenix Police Department will immediately notify the FBI in order to allow suf?cient time for the FBI to intervene to protect the equipment/technology and information From disclosure and potential compromise. 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 'a 22135 an_ Uri net Tracking Technology Unit Operational Technology Division Federal Bureau of investigation Engineering Research Facility Building 27958A, Pod 22 35 - Ehoenix Police Department will, at the request of the FBI lieu of using or providing, or allowing others to use 0 i ceming the Harris Corporation wireless collection equipment/technolooy, its. associated software, Operating manuals, and any related documentation (beyond ihe evrdentiary results obtained through the use of the equipment/technology), if usina or proyzding such information would potentially or actually compro Dthe moment/technolocv This poses that the agency has some Where such is not the case, or is limit-e st ?as Ts?err train that the law enforcement agency identify for inclusion in this agreement. be uenti the applicablef ENFORCEMENT SENSITIVE 9. A copy of any court order in any proceeding inwhich the Phoenix PoliceDeparttnent is a party directing disclosure of information concerning the Hams Corporation equipment/technology and any associated software, operating manuals, or related documentation (including its technical/engineering description(s) and capabilities) immediately be provided to the FBI in- order to alloyv suf?cient time 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 Engineering Research Facility Building 27953A, Pod A i Vir?iinia 22135 and Unit Chief Tracking Technology Unit Operational Technology Division Federal Bureau of Investigation Engineering Research Facility Building 2795 8A, Pod iiuantico, Viri'r?n'a 22135 10. The Phoenix Police Department will not publicize its acquisition 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 statements to the media. ll.'ln the event that the Phoenix Police Department receives a request pursuant to the Freedom of Informatidn Act 5 [1.30 552) or an equivalent state or local law, or other judicial, legislative, or administrative proc 'ss, 0 onna 00 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 Phoenix Police Department will immediately notify the FBI of any such request telephonicaily and in writing in order to allow suf?cient time for the FBI to seek to prevint dii?closure through appropriate channels. Notification shall be directed to the atten ton i iFi Eli?t? Ft Fl 5.371333" 5 5" jaws? 37;! 3 ENFORCEMENT SENSITIVE Assistant Director Operational Technology Division Federal Bureau of Investigation Engineering Research Facility Building 2-7958A, Pod A iiuanticil 22135 and Unit Chief Tracking Technology Unit Operational Technology Division Federal Bureau of InveStigation Engineering Research Facility Building 27958A, Pod inanticol Virginia 22135 Jar". i ?w 1 . or.? no; as?; rigours-ran see-{snore ENFORCEMENT SENSITIVE The Phoenix Police Department?s acceptance of the above conditions shall be evidenced by the signatures below of an authorized representative and wireless collection equipment operators of the Phoenix Police Department. Sincerely, .3513 or Operational Technology Division Federal Bureau of Investigation Acknowledged and agreed to this day of 2013. I an Phoenix Police Department Phoenix, AZ etective etective .1 hit. I i3 Biff. PM Pt} 3.x? 1? ii EDS {Ti if"