ENFORCEMENT SENSITIVE US. Department of Justice Federal Bureau of Investigation Washington, DC 20535-0001 April 5, 2013 Edward Davis Police Commissioner BoStcn Police Department One Schroeder Plaza Boston, MA 02120 Re: Acquisition of Wireless Collection Equipment/Technology and Non- Disclosure Obligations A. LAW ENFORCEMENT SENSITIVE (LES): The information in this document is the property of the Federal Bureau?,jiof Investigation (FBI) and may be distributed within the Federal Government (and its contractors), US. intelligence, law enforcement, public safety or protection o?icials and individuals with a need to lazow. 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 first receiving authorization ?om the originating agency. Recipients are prohibited from subsequently posting the information marked LES on a Website on an unclassi?ed network. Dear Police Commissioner Davis: "We have been advised by Harris Corporation of the Boston? 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 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 law?illy?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 of?cers and other ENFORCEMENT SENSITIVE Page 1 of 6 ENFORCENIENT 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 equipment/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 hearings, or during other public forums or proceedings. Accordingly, the Boston Police Department agrees to the following conditions in connection with its acquisition and use of the Harris Corporation equipment/technology: i 1. operating - operating By entering into this agreement, the Boston Police Department af?rms 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 Boston 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 Boston Police Department will ensure that operators of the equipment have met the Operator training standards identi?ed by the FBI and are certified to conduct operations. The Boston 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 Boston Police Department will not distribute, disseminate, or otherwise disclose any information concerning the wireless collection equipment/technology or any software, 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 Boston Police Department will not distribute, disseminate, or otherwise disclose any information concerning the wireless collection equipment/technology or any software, 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 Of?cial Use Only - Not to be Disclosed Outside of the Boston Police Department.? The Boston Police Department shall not, in any civil or criminal proceeding, use or provide any information concerning the Harris Corporation wireless collection ENFORCEMENT SENSITIVE Page 2 of 6 ENFORCEMENT SENSITIVE 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 pre?trialmatters, in search warrants and related af?davits, in discovery, in'response to court ordered disclosure, in other af?davits, in grand jury hearings, in the State?s case-in-chief, rebuttal, or on appeal, or in testimdny in any phase of civil or criminal trial, without the prior written approval of the FBI. If the Boston Police 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 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 mannerthat will cause law enforcement sensitive information relating to the technology to be made known to the public, the Boston 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 i. inantico, Viri'nia 2213 5 and Unit Chief . Tracking Technology Unit Operational Technology Division Federal Bureau of Investigation Engineering Research Facility Building 27958A, Pod Quantico, Viriinia 2213 5 8. In addition, the Boston 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 wireless collection 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 I such information would potentially or actually compromise the equipment/technology. This point supposes that the agency has some control or influence over the prosecutcrial process. Where such is not the case, or is limited so as to be inconsequential, it is the expectation that the law enforcement agency identify the applicable prosecuting agency, or agencies, for inclusion in this agreement. UNCLASSIFIEDHLAW ENFORCEMENT. SENSITIVE - Page 3 of 6 9. 10. '11. party directing disclosure of information concerning the ENFORCEMENT SENSITIVE A copy of any court order in any proceeding in which the Boston Police Department is a 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 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. Any such court orders shall be directed to the attention of: Assistant Director Operational Technology Division Federal Bureau of Investigation Engineering Research Facility Building 2795 8A, Pod A iiuanticol Virginia 221 3 5 and Unit Chief Tracking Technology Unit, Operational Technology Division Federal Bureau of Investigation Engineering Research Facility Building 2795 8A, Pod iiuanticol Viriinia 2213 5 The Boston 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. In the event that the Boston 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 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 Boston Police Department will immediately notify the FBI of any such request telephonically and in writing 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: ENFORCEMENT SENSITIVE Page 4 of 6 UNCLAS SENSITIVE I Assistant Director Operational'Technology Division Federal Bureau of Investigation Engineering Research Facility Building 27 95 8A, Pod A i iianticoI Virginia 2213 5 and 'Unit Chief Tracking Technology Unit Operational Technology Division Federal Bureau of Investigation Engineering Research Facility Building 27958A, Pod Quantico Virginia 22135 ENFORCEMENT SENSITIVE Page 5 of 6 ENFORCEMENT SENSITIVE The Boston 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 Boston Police Department. Sincerely, . V?p Ce Amy Assistant Director Operational Technology Division Federal Bureau of Investigation Acknowledged agreed to this day of 2013. I Edward 6% Robert P. Harrington Police Commission - Lieutenant Detective Department ?S?fo?n, MA .Murp Ser eant De ctive f, i If . gator/Brown etective ective I 7? 1' Detect. Detective A mawkau?? . Fmderick Waggettog 7., Detective Adolfo Britd Joao Monterro PolicO/f?y Police Of?cer I Co'nley . Lieutenant of Mas chusetts State Police ENFORCEMENT SENSITIVE Page 6 of 6