ENFORCEMENT SENSITIVE 11.8. Department Federal Bureau of Investigation Washington; 0.6. 20535 41.00! May 20, 2013 E?atricli Ragga-n First Assistant Su?olk County District Attomey?s Of?ce 1 Bull?nch Place Boston, MA 02114 Re: Purchase of Wireless Collection Equipmoolfl?ochnology and Non- Disolosure leiga?iions ENFORCEMENT The information in {his docwnam? is {he prepare: ofthe Federal Bureau of (FEE and may be dom?mw within the Fedora? Government (and its contraciorsj. LES. infeffegeme, fa?- enforcement, pub 11:: scy??qr or prowciion offs-fa}: and will: a need to know. Distra??mfmt beyond rhese emfa'ie: without FBI Opemn'onal Teohnofogy Division authorization Precoraxz'on: rhoarld 2:3 token to ensure this mformauon Hood and/or destroyed in a manner Limiprec?zdes unauthorized access. Ergfarozaifon bearing the LES caveat: may nor be ?5242? o: iegofpmoeodmgs withou??rxr receiving authoriza?on??om rho are'gs?nma?ng agency Recipienm are prokz'bfredjhm subseqngIy {905(ng (he :?zy?armas?fon marked on a weirs?e on an unclassi?ed nonvork Dear First Assistant Haggm: We have been advised by Ham's Corporation of Boston Police Dopa?mcnt?s request to purchaso certain wiroloss collection Equipmomftochoology manufacture? by Harris Corporation Consis?tont with the conditions on the. equipment authorization granted to Ham's Corporation by ihe Fadoral Communications Commission (FCC), stoic and local law enforcemeai agencies must coerdinate wiih {he Federal Bureau of Investigation (FBI) {0 complete this nondisclosure agreemtml prior to the acquisition and use of the equipmontl?technology authorized by the FCC authorization, As you are awaro, law enforcement agonoies inoroasingly rely on wireless collection oqx?pmontiteohnology to conduct lawfully~auzhorizod electronic survoiil?anoo. Disclosing the existence of and the capabilities provided by such Equipment/Technology to the public would reveal sensitive technological capabilities possessod by the law enforcement oomunity and may allow individuals who are the subj out of invos?ga?oo wherein this equipmontfteolmology is used to omploy comatormoasuros to avoid detection by law enforcement. This would not only potentially endanger the lives and physical safety of law enforcomont of?cers and other individuals, but also adversely impact criminal am} national security investigations. That is, disclosure of ihis information could rosuh in the inability to protect the public from ENFORCEMENT SENSITIVE Pagol of? UNCLASSIFKEDHLAW ENFORCEMENT SENSITIVE 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/technoloc?ry continues to be available for use by the law enforcement community, the equipmentftec?nology 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 inciuding but not limited to: in press releases, in com?: docwnents, during judicial hangings, or during other public or proceedings- Accordingly, the Suffolk County District Attorney?s Office agrees to the following conditions in connection- vdtii the Boston Police Department?s purchase and use ofthe Harris Corporation 1. The Suffolk County District Attorney?s Of?ce. will not disuibuie, disseminate, or otherwise disclose any information concerning the wireless collection equipment/technology or my software, operating manuals, or related technical documentation (including its tech?caergineering description{s) and capabilities) to the public, including to any non?law enforcement individuals or agencies. Except for necessary, of?cial communications on this topic with the Boston Police Department, the Suffoilr: County ?iso?ici Attorney?s Office dietrib'ete, disseminate, or otherwise disclose any information concerning the wireless collection or any software, Operating manuals, or related technical documentation (including its technical/engineering descriptioms) and capabilities) provided to it to any other law enforcement or government agency without the prior written approi'ral of the FBI. Frior to any approved distribution, dissemination, or comparable disclosure of any information concerning the wireless collection equipmeno?technoiogy or any so?wme, manuals, or related technical documentation related to such equipmentftechnology, all materials shall be marked ?Law Enforcement Sensitive, For Of?cial Use Only Not to be Disclosed Outside of the Suffolk County District Attorney?s Df?ce or Boston Police Departmen rd 3. The Sui?ch County District Attorney?s Of?ce shall not, in any civil or criminal proceeding, use or provide any nifonnation conceming the Harris Commotion wirele? collection equipment/technology, its associated software, operating manuals, and any related (including its technicelz?enginw?ng descriptioms) and capabilities) beyond the evidentiary results obtained through the use of the equipmen?technology including, but not limited to, during pro-trial matters, in search Warrants and related affidavits, in discovery, in response to court ordered disclosure, in other af?davits, in grand jury hearings, in the State?s case?inachief, rebottai, or On appeal, or in testimony in any phase. of civil or criminal trial, without the prior written approvai of the FBI. if the Suffolk County District Anomey?s Of?ce teams that a district attorney, prosecutor, or a court is considering 01' intends to use or provide any infoonation concerning the Harris Commotion wireless collection its associated so-ftwam, operating manuals, and any related docmrnentation (including its technicalfeoginooring descriptionfs} and capabilities} beyond the evidentiani solicits obtained through the use ofthe equipment/technology in a manner that will cause law enforcement sensitive infomati on relating to the technology to be made known to the public, the Suffolk County District INCLASSIFIEDIKLAW ENFORCEMENT sensmvo Page 2 of ENFORCEMENT SENSITIVE Ammoy?s Of?ce will immediately notify ?ue FBI in order to elbow suf?cient time for the FBI to intervene to protect The equipmen?technology and hafowmtion frow. disclosure and potential compromise. Notification shail be directed to the attention of: Assistant Director Operational Technology Division Federal Bureau of Investigation Engineering Research Facility Building 2795845., Pot! A uantico Vir' ?a 22135 and Unit Chief Tracking Technology Un? Operational TechnoEogy Di?sion Federal Bureau of Investigation Engineezing Research Facility Building 27958A, Pod a; - Viri ia22135 4. In atitlisticm3 the Suffolk County District Attorney?s Of?ce will, at the request of the FBI, seek dismissal ofthe ease in lieu ofusing or providing, or allowing others to use or pmvide, any in?ammation concerning the Hams Corporatiozz wireless collection equipmen?teehnolog its associated software, operating manuals, and any related documentation {heyond the evidentiary results obtained through the use of the equipmon titeehoology), if using or providing such infomation wouid potentially 0r aotualiy compromise the equipmen?teclmofogy. 5. A copy ofany court order in any proceeding in which the Suffolk County District Attorney?s Of?ce is a party directing disclosure of in?ammation concerning the Harris Commotion eqmpmeovtechnology and any associated software, operating manuais, or related documentation {including its techr?calfengineering desc?p?on(s) and capabilities) will immediateiy be provided to the FBI in order to aliow suf?cient time for the FBI to intervene to protect the equipmentfieehoology and infomolion from disclosure and poten?al compromise. Any such court orders she}? be directed to the attention of: UNCLAS ENFORCEMENT SENSITIVE Page 3 Df? ENFORCEMENT SENSITIVE Assistant Director Operational Toohnology Div?sion cdoral Bureau of Investigation Engineering Research Facility Building 27958A, Pod A Ouamtico. Virginia 22! 35 and Unit Chief Tracking Technology Unit Operatioan Technology Division Federal Bureau of Investigation Engineering Research Facility Building 279585, Pod Quantioo, Virgioia 22135 6. The Suffolk County District Attorney?s Of?ce will not publicize the use (3me Harris Corporation or any of the capabilities afforded by such equipmoniitcohoology to the public, other law onforccmeot agencies, or other govcmmon?t agencies; including, but not limited to, in any news or press releases, iotcn?iows, 01? direct or indirect statements to the media. 7. In the: event that the Suffolk County District Attomcy?s Office a rogues: pursuant to the Freedom of Infoma?on Act (5 13.3.0. 552) or an equivalent state or local law, the civil or criminal discovery process, or other jodicial, legislative, or administrative process, to disclose information concerning the Harris Corporation wireless collection equipmen?technology, its associated software, operating manuals, and any related documentation (including its toohnical/cnginec?ng description(sj and capabilities), the Suffolk County District Attorney?s Of?ce will inuncdiateljr notify the FBI ofany 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: UNCLASSIFIEDHLAW ENFORCEMENT SENSITIVE Page 4 of6 ENFORCEMENT SENSITWE Assistant Director Operational Technology Division Federal Bureau of Investigation Engineering Research Facitity Buiiding 27958A, Pod A . tics, Vir ?nia'22135 and Unit Ci?ef Traci?ng Techno 10g! Uni! Operaticnai Technology Divisien Federal 13136311 of Investigation Engineering Research Facility Building 279SSA, Pod i mantis-9 Virnia 22135 ENFORCEMENT SENSITIVE Page 5 of6 ENFORCEMENT SENSITIVE. The Suffoik County District Attorney?s Of?ce?s acceptance of the above conditions shall be evidenced by the signature below of an authorized representative. Sincerely, $47993? Amy SFHetss Assistant Directer Operationa} Technoiogy Division Federal Email 91'" aneszigalion Acknowl?dged and agreed to this 3-day of 2013. Patrick Haggan Firs: Assistant. Suffnik County District Attorney?s Of?ce Boston, MA UNCLASSIFIEDHLAW ENFORCEMENT SENSITWB Page 6 of 6