UNCLAS OR OFFICIAL USE ON ENFORCEMENT SENSITIVE US. Department of Justice Federal Bureau of Investigation Washington, D.C. 20535-0001 May 23, 2012 Robert Coupe Colonel Delaware State Police 1441 N. DuPont Highway Dover, DE 19903 Re: Acquisition of Wireless Collection Equipment/Technology and Non- Disclosure Obligations LAW ENFORCEMENT SENSITIVE (LES): 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), US. intelligence, law enforcement, public safety or protection o?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 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 network. Dear Colonel Coupe: We have been advised by Harris Corporation of the Delaware State Police?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 lawfully-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 individuals, but also adversely impact criminal and national security investigations. That is, OFFICIAL USE ON ENFORCEMENT SENSITIVE Page 1 of 5 OFFICIAL USE ENFORCEMENT SENSITIVE 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 Delaware State Police agrees to the following conditions in connection with its acquisition and use of the Harris Corporation equipment/technology: 1. By entering into this agreement, the Delaware State Police 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 Delaware State Police 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 Delaware State Police will ensure that operators of the equipment have met the operator training standards identified by the FBI and are certified to conduct operations. The Delaware State Police will coordinate with the FBI in advance of its use of the wireless collection equipment/technology to ensure de-confliction of respective missions. . The Delaware State Police 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 Delaware State Police 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 Delaware State Police.? The Delaware State Police shall not, in any civil or criminal proceeding, use or provide any information concerning the Harris Corporation wireless collection equipment/technology, its associated software, operating manuals, and any related OFFICIAL USE ENFORCEMENT SENSITIVE Page 2 of 5 OFFICIAL USE ENFORCEMENT SENSITIVE 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-trial matters, 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 testimony in any phase of civil or criminal trial, without the prior written approval of the FBI. If the Delaware State Police 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 manner that will cause law enforcement sensitive information relating to the technology to be made known to the public, the Delaware State Police 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. Notification shall be directed to the attention of: Assistant Director Operational Technology Division Federal Bureau of Investigation Engineering Research Facility Building 27958A, Pod A Quantico, Virginia 22135 (703) 985-6100 and Unit Chief Tracking Technology Unit Operational Technolbgy Division Federal Bureau of Investigation En gineering. Research Facility Building 27958A, Pod Quantico, Virginia 22135 (703) 985-6840 8. In addition, the Delaware State Police 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 such information would potentially or actually compromise the equipment/technology. This point supposes that the agency has some control or in?uence over the prosecutorial 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. 9. A copy of any court order in any proceeding in which the Delaware State Police is a party directing disclosure of information concerning the Harris Corporation equipment/technology and any associated software, operating manuals, or related OFFICIAL USE ENFORCEMENT SENSITIVE Page 3 of 5 UN OFFICIAL USE ON ENFORCEMENT SENSITIVE 10. ll. 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 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 Quantico, Virginia 22135 (703) 985-6840 The Delaware State Police 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 Delaware State Police 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 Delaware State Police 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: Unit Chief Tracking Technology Unit Operational Technology Division Federal Bureau of Investigation Engineering Research Facility Building 27958A, Pod Quantico, Virginia 22135 (703) 985-6840 Assistant Director and Operational Technology Division Federal Bureau of Investigation Engineering Research Facility Building 27958A, Pod A Quantico, Virginia 22135 (703) 985-6100 OFFICIAL USE ON ENFORCEMENT SENSITIVE Page 4 of OFFICIAL USE ENFORCEMENT SENSITIVE 'I:he Delaware State Police?s acceptance of the above conditions shall be evidenced by the Signatures below of an authorized representative and wireless collection equipment Operators of the Delaware State Police. Sincerely, 9. 7l/2 Amy S. Hesg I Assistant Director Operational Technology Division Federal Bureau of Investigation 51" Acknowledged and agreed to this 31? day of - AH . 2012. g??y Robert Coupe Colonel Delaware State Police Dover, DE Dennis Schmitt Detective Michael Calloway Detective {7 . icy/7 7 .l I, a ective I hristopher Sutton Detective OR OFFICIAL USE ENFORCEMENT SENSITIVE Page 5 of 5