UNCLASSIFIEDHFOR OFFICIAL USE ENFORCEMENT SENSITIVE U.S.Deparunent ofJusliee Federal Bureau oflnvestigation Washington, DC. 20535-4100! August 17,2911 Julian Harvey Lieutenant Anaheim Police Department 425 S. Harbor Boulevard Anaheim. CA 92805 Re: Purchase of Wireless Collection Equipmentfl?echnology and Non~ Disclosure Obligations LAW ENFORCEMW SENSITIVE The Memorial: in this dominion! it the props-r5! of tho Federal Bureau of lime-ligation (FED and may be dizrributea? within the Federal Government (mid to contractors}. US inwlligonce, law anforeamom. public may or protection o?iclals and with a mod to know. Distribution bumped those mutter wtrham FBI Opomtlonal Teo?molay Division authorization to Precautions should be 10km to aware this information is stored outlier destroyed in a manner that preclude: unauthorized ace-em lu?rmorton bearing tho LES caveat my not be used to legal proceedings without ?rst receiving authorization the originating agency. Recon?gure ant subsequently posting the information marked LES on a website on an network Deer Lieutenant Harvey: We have been advised by Harris Corporation of the Anaheim Police Depa?ment's request to purchase certain wireless collection oqulpmenb?techoology manufactured by Harris Cozpomtion, Consistent with the conditions on the equipment authorization granted to Harris Corporation by the Federal Commw?oationo Commission (FCC), state and local law enforcement agencies must coordinate with the Federal Bureau of Investigation (FBI) to complete this agreement prior to the acquisition and -use of the equipment/technology authorized by the FCC authori zation. As you are aware, law enforcement agencies increasingly rely on wireless collection equipmen?tzehnology to conduct law?xll -autho?zed electronic surveillance. Disclosing the existence of and the capabilities rovicle by such equipmenb?technology to the public would reveal sensitive technological ca ilities possessed by the law eoforcement community and may allow individuals who are the st: jeot oflnvestlgation wherein the equipmentfteclmology 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 (?lter 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 OFFICIAL USE ENFORCEMENT SENSITIVE Page 1 of5 A0013 USE ENFORCEMENT SENSITIVE terrorism and other criminal activity because, through public disolos?uxes, 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 equipmentftechnology and any information related to its mutations, operation, and use shall be protected ?om potential com omise by precluding disclosure of this infonnation to the public in an manner including not lilmted to: in press releases, in court documents, durin Judicial hear ngs, or during other public forums or proceedings. Accordingly, the Anaheim Po ice De artment agrees to the fa lowing conditions in connection with its purchase and use oftlte arris Corporation equipmentltechnology: l. The Anaheim Police Department will ensure that operators of the equipment have met the operator training standards identi?ed by the FBI and are certi?ed to conduct operations. . The Anaheim Police Department will coordinate with the FBI in advance of its use of the wireless collection equipmenn'technology to ensure de-con?iotion of respective missions. . The Anaheim Police Department will not distribute, disseminate, or otherwise disclose any information concerning the wireless collection equiiprnentitechnology or any software, operating manuals, or related technical ocumentation (including its technicaliengnteering description(s) and capabilities) to the public, including to any non? law on forccment individuals or agencies. The Anaheim Police will not distribute, disseminate, or otherwise disclose any information concerning the wireless collection equipment/techno logy or any software, operating manuals, or related technical documentation (including its technical/engineering description(s) and capabilities) provided to it any other law enforcement or governmont agency without the prior Written approval of the FBI. Prior to any approved distribution, dissondnation, or comparable disclosure of any infomaiion concerning the wireless collection equipment/technology or any so?wczc, manuals, or related technical documootation related to such all materials shall be marked ?Law Enforcement Sensitive, For Official Use Only - Not to be Disclosed Outside of the Anaheim Police Depm'tment.? . The Anaheim Police Department shall not, in any civil or criminal proceeding, use or provide any information concerning the Harris Corporation wireless collection equipmen?technology, its associated so?ware, operating manuals, and any related documentation (including its technicallengioccxing description(s) and capabilities) beyond the evidential-y results obtained through the use of the including, but not limited to, during pie-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-chiet?, rebuttal, or on appeal, or in testimony in any base of civil or criminal trial, without the prior written approval of the FBI. If the Anagoim Police Department learns that a District Attorney, prosecutor, or a couxt is considering or intends to use or provide any infomstton concerning the Harris Corporation wireless collection its associated software, operating manual 5, and any related documentation (including its technicalfengiueering description(s) and capabilities) beyond the eviden? results obtained through the use of the in a manner that will cause law enforcement sensitive: infomation rglatmg to the technology to be made known to the public, Anaheim Police Dc amnent will inunedlately notify the FBI. in order to allow suf?cient tune for the FBI to intervene to protect the equipment?techoology and information from disclosure and potential compromise. . UN OR OFFICLAL USE ENFORCEMENT SENSITIVE Page 2 of 5 A0014 OFFICIAL USE ENFORCEMENT SENSITIVE Noti?cation shali be directed to the attention of: Assistant Director Operational Technology Division Foderai Bureau of Investigation En ring Research Facility idling 27953A, Pod A Quantioo, Virginia 22135 {703) 98543100 and Unit Chief 'i?iacking Technology Unit Operational Technology Division Federal Bureau of Investigation Engineering Research Facility Building 27958A, Pod Quontioo, Virginia 2213 5 (703) 985?6340 In addition, the Anaheim Police Department will, at the request of the F83, seek dismissal of the case in lieu of usinI?zj or providing, or allowing others to use or provide, any information concerning the attic Corporation wireless collection equipmentlteohnology, its associated soiiware, 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 potentialiy or actually compromise the equipment/technology. 6. A cepy of any court order in any proceeding in which the Anaheim Police De ailment is a party directing disclosure of information concerning the Harris ozporation and any associated software, operating manuals, or related documentation (includin its description(s) and capabilities) will immediater be provideg to the FBI in order to allow suf?cient time for the FBI to intervene to protect the and information foom disclosure and potential compromise. Any such court orders shall be directed to the attention of: Assistant Director Operational Technology Division Federal Bureau of Investigation En ineering Research Facility ing 27958A, Pod A Quantico, Virginia 22135 (703) 985-6100 and Unit Chief Tracking Technology Unit Operational Technology Division Federal Bureau of investigation En ineen'ng Research Facility Building 27958A, Pod OFFICIAL USE ENFORCEMENT SENSITIVE Page 3 of 5 A0015 OFFICIAL USE ONLYIILAW ENFORCEMENT SENSITIVE Quantioog Virginia 22135 (703) 985-6840 7. The Anaheim Police Depa?mcnt will not publicize its purchase or use of the Harris Corporation eqoi merit/technology or any of the capabilities afforded by such equipmentltechno ogy 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 indireci statements to the media. 8. lo the event that the Anaheim Poiicc Department receives a request pursuant to the Fioedom of Infomm?on Act (5 U.S.C. 552) or an equivalent state or local law, the civil or criminal discovery process, or other judicial, iegisiativo, or administrative process, to disclose information concomng {ho Harris Corporation wireless collection equipment/technology, its associath software, operating manuals, and any related docmnentation (including its technicallengineering descriptioMs) and capabilities), the Anaheim Police will immediately notify the FBI of any such request telephonica?y and in Writing in order to allow suf?cient time for the FBI to seek to prevent disclosmo through appropriate channels. No??ca?on shail be [Elected to the attention of: Assistant Director Operational Technology Division Federal Bureau of Investigation Engineering Research Building 27958A, Pod A Quantico, Virginia 22135 (703) 985~6100 and Unit Chief Tracking Technology Unit Operational Toclmoiog-y Division Federal Bureau of Investigation Engineering Research Facility Bmiding 27958A, Pod Quantico, Virginia 22135 (703) 98 WCLASSEFIEDIIFOR OFFICIAL USE ENFORCEMENT SENSITIVE Page 4 of5 - - me?u? vlfv?wbr?q A0016 OFFICEAL USE ON ENFORCEMENT SENSITIVE 'I:ha Anaheim Police Department?s acceptance of the above conditions sha?il be evidenced by 1135 below of an authorized representative of the Anaheim Police Sincerely, Amy S. Hess Assistant Dixectqr Operational Technology Division Federal Bureau of Investigation Acky?agmed to day 2011. JuHan f-Ieirvey Lieutenant Anaheim Police Deparhnent 425 S. Harbor Boulevard Anaheim, CA 92805 UNC OFFICIAL USE ENFORCEMENT SENSITIVE Page 5 cf 5 A0017