SCOTTSDALE POLICE - Use of this document is regulale by LAW for USE ONLY, for the original purpose rcqueslad, Contact the originating agency for any questions regarding this mate-rial. US. Department of Justice Federal Bureau of Washington, DC. 205350001 ?September 19, 2012 cottsa lo apartment . 8401 E. Indian School Road Scottsdale, AZ 85251~2855 Roz Acquisition of Wireless Colloc?dorl and Non? Obligations LAW ENFORCEMENT SENSITIVE The information in this docwuent ir the properly of the Federal Bureau of Invesligation (FBI) rind may be distributed within the Federal Government (and its contractors}, US. intelligence, low enforcement, public safely or protection o?iciois and individuals with a need to know. Distribution beyond these enririer without FBI Operdzional Technology Division authorization is prohibited. Precautions should be taken tacosure this informatioo is I Stored and/or destroyed in a manner that precludes unauthorized cocere. information bearing the LES caveot may not be used in legal proceedings wizhout?'rst receiving outizorizotion??om the originating agency. Recipients are prohibited ?'om subsequently pooling the information marked LES on a website on on uizclorri?ed Rework. We have boon adviscd by Harris Corporation of the Scottsdale: Policc Department?s request for acquisition of certain wireless collection manufactured by Harris Corporation. Consistent with the conditions on tho equipment authorization granted to Harris Coiporatiou by the Fodcral Communications Commission (FCC), state and local law agencies must coordinate with the Fodcral Bureau of Investigation (FBI) to complete this non?disclosure agreement prior to the acquisition . and use of the authorizcd by the. FCC authorization. As you are aware, law enforcement agencies increasingly rely on Wireless collection equipment/technology to conduct lawfully-authorized electronic Disclosing rho existence of and the capabilitice provided by such to the public would rcvcal scusitivc technological Capabilities possessed by the law community and may allow individuals who are the subject of investigation wherein this 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, ENFORCEMENT SENSITIVE Page 1 of 6 SCOTTSDALE POLICE - Lise of this document is regulated toy LAW for OFFICSAL USE ONLY. for the original purpose requested. Contact the originating agency for any questions regarding this material. 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 comprom'iseby 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 Scottsdale Police Department 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 Scottsdale Police Department 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 Scottsdale Police Department assumes responsibility for operating the equipment/?technology?in ascordance 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. he Scottsdale Police Department will ensure that Operators of the equipment haVe met the operator training standards identified by the FBI and are certified to conduct operations. The Scottsdale Police Department will coordinate with the FBI in advance of its use of the wireless collection equipment/technology to ensure de?confliction of respective missions. The Scottsdale Police Department Will-not distribute, disseminate, or otherwise diselose any information concerning the wireless collection equipment/technology or any software, operating manuals, or related - technigglg. documentation (including its technical/engineering descriptions} and capabilities) to the public, including to any non? law enforcement individuals or agencies, 7 The Scottsdale 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 be Disclosed Outside of the Scottsdale Police Department.? UN CLAS ENF ORCENIEN SENSITIVE Page 2 of6 SCOTTSDALE POLICE DEPAREMENT - Use or this document is regulated or: LAW for USE ONLY. for the original purpose requested, Contact the originating agency for any questions regarding this material. 7. The Scottsdale Police Department 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 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 pro?trial matters, in search warrants and related affidavits, in discovery, in response to court ordered disclosure, in other affidavits, in grand jury hearings, in the State?s casein?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 Scottsdale 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 equipmentftechnology, its associated software, operating manuals, and any related documentation (including its technical/engineering description(s) and capabilities) beyond the evidentiary results obtained, throughthe use of the equipment/technology in a manner that will cause law enforcement sensitive information relating to, the tetihnoiogy to he made known to the public, the Scottsdale Department will immediately notify the FBI in order to allow sufficient time for the FBI to intervene to-protect the equipment/technology and information from disclosure and potential compromise. Notification shall he 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 8. In addition, the Scottsdale Police Department will, at the request of the FBI, seek dismissal of the ease 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 FBl?s expectation that the law enforcement UN CLAS ENFORCEMENT SENSITIVE Page 3 of6 POLICE DEPARTMENT - Use of this document is regulated by LAW tor USE ONLY, for the original purpose requested. Contact the originating agency for any questions regarding this material. agency identify the applicable prosecuting agency, or agencies, for inclusion in this agreement. A copy of any court order in any proceeding in which the Scottsdale Police Department is a party directing disclosure of information concerning the 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 sufficient 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 Trackin Technology Unit Operational Technology Division Federal Bureau of Investigation Engineering Research Facility Building 27958A, Pod Quantico, Virginia 22135 (703) 9856840 10. The Scottsdale Police Department will not publicize its acquisition or use of the Harris ll. Corporation equipment/technology or any of the capabilities afforded by such equipmentftechnology 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 Scottsdale 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 technicalfengineering description(s) and capabilities), the Scottsdale Police Department?will immediately notify the FBI of any such request telephonically and in writing in order to allow sufficient time for the FBI to seek to prevent disclosure through appropriate channels. 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 22l35 (703) 985?6100 ENFORCEMENT SENSITIVE Page 4 of 6 POLICE DEPARTMENT - Use of this document is regulated by LAW for USE ONLY, for the originai purpose requested, Contact me originating agency for any questions regarding this material. and Unit Chief Tracking Technology Unit Opera?ional Technology Division Federal Bureau of Investigation Engineering Research Facility Building 27958A, Pod Quantico, Virginia 22135 - (703) 985?6840 UNCLAS ENFORCEMENT SENSITIVE Pagc 5' of 6 POLICE BEFARTMENT Use of this document is regulated by LAW for USE ONLY. for the original purpose requested Contact the originating agency for any questions regarding this material. The Scottsdale 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 Scottsdale Police Department. Sincerely, Moe7b/ Amy S. Heels 1 - Assistant Director Operational Technology Division Federal Bureau of Investigation Acknowledged and agreed to this day of 2012. Scottsdale Police Department Seottsdal ENFORCEMENT SENSITIVE Fage 6 of 6