OFFICIAL SSE ENF lEhtiENT SENSITIVE U.S. Department of Justice Federal Bureau of Investigation Washington, DC. 28535?0801 January 3, 2012 William Lorah Deputy Chief Indianapolis Metropolitan Police Department 50 North Alabama Street Indianapolis, IN 46204 Re: Acquisition of Wireless Collection Equipment/Technology and Non- Disclosure Obligations LAW ENFORCEMENT (LES): The information in this document is the property of the Federal Bureau of invesiigotion (FBI) and may be distributed within the Federai Government (and its contractors), U.S. intelligence, tow etg?n'cemcnt, pubiic safety or prolection o?iciais and individaais with a need to know. Distribution beyond these entities without FBI Operationai Teoimoiogy Division authorization is prohibited. Precautions should be taken to ensure tins iiyfortnation is stored and/or destroyed in a manner that precindes unauthorized access. Information bearing tire LES caveat may not be used in legal proceedings without ?rst receiving authorization ?ow the originating agency. Rec?oients are prohibited ji'oni nibseqneniiy posting the iryfornmtion marked LES on a website on an nnciassUiea" network. Dear Deputy Chief Lorah: We have been advised by Harris Corporation of the Indianapolis Metropolitan 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 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 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 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 OFFICIAL USE ENFORCEMENT SENSITIVE Page 1 of 6 UNCLASSIFIEDHFL OFFICIAL USE ENFO. SENSITIVE 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 equipmentfteclmology 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 Indianapolis Metropolitan 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 Indianapolis Metropolitan 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 Indianapolis Metropolitan 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 lndianapolis Metropolitan 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 Indianapolis Metropolitan 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 Indianapolis Metropolitan 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) to the public, including to any non~law enforcement individuals or agencies. The Indianapolis Metropolitan 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/tecluiology or any software, manuals, or related technical documentation related to such equipmentftechnology, all materials shall be marked ?Law Enforcement Sensitive, For Official Use Only Not to be Disclosed Outside of the Indianapolis Metropolitan Police Department The Indianapolis Metropolitan Police Department shall not, in any civil or criminal proceeding, use or provide any information concerning the Harris Corporation wireless OFFICIAL USE ENFORCEMENT SENSITIVE Page 2 of 6 USE ENFC EMENT SENSITIVE collection equipment/technology, its associated software, operating manuals, and any related documentation (including its technical/engineering desoription(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 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. ifthe lndianapolis Metropolitan 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 teclmical/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 Indianapolis Metropolitan Police Department will hemediately 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 2795 8A, Pod A Quantico, Virginia 22135 (703) 985-6100 and Unit Chief "l?rackiu Technology Unit Operational Technology Division Federal Bureau of investigation Engineering Research Facility Building 2795 8A, Pod Quantico, Virginia 22135 (703) 985-6840 8. In addition, the indianapolis Metropolitan 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 such information would potentially or actually compromise the equipmenta?teclmology. This point supposes that the agency has some control or influence 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. USE ENFORCEMENT Page 3 of 6 Use ENFG SENSITIVE 9. A copy of any court order in any roceeding in which the Indianapolis Metropolitan Police Department is a party directing disclosure of infonnation concerning the Harris Corporation equipment/technology and any associated software, operating manuals, or related documentation (including its technical/engineering description(3) 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) 9856840 10. The Indianapolis Metropolitan Police Department will not publicize its acquisition or use of the Harris Corporation equipment/technolo or any of the capabilities afforded by such equipment/technology to the public, of or 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. 11. In the event that the Indianapolis Metropolitan 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 equipmentltechnology, its associated software, operating manuals, and any related documentation (including its technicalfengineering description(s) and capabilities), the Indianapolis Metropolitan 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: Assistant Director Operational Technology Division Federal Bureau of Investigation Engineering Research Facility Building 27958A, Pod A Quantico, Virginia 22135 (703) 985-6100 and OFFICIAL USE ON ENFORCEMENT SENSITIVE Page 4 of 6 OFFICIAL USE ENFC JEMBNT SENSITIVE Unit Chief Tracking Technology Unit Operational Technology Division Federal Bureau of Investigation Engineering Research Facility Building 27958A, Pod Qua?tico, Virginia 2213 5 (703) 985-6840 OR OFFICIAL USE ENFORCEMENT SENSITIVE Page 5 of 6 OFFICIAL Use ENFL SEMENT SENSITIVE The Indianapolis Metropolitan 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 Indianapolis Metropolitan Police Department. Sincerely, Amy 8. He Assistant rector Operational Technology Division Federal Bureau of Investigation Acknowledged and agreed to this 51;!wa day of 2012. . M?fam Lorah Deputy Chief Indianapolis Metropolitan Police Department Indianapolis, IN Mark Hess Sergeant at i" cage} Wa eison Sergeant d4 1/21". A. ?dstin MoGaha atrolman .3, Howard 'olman UNCLASSIFIEDHFOR ENFORCEMENT SENSITIVE Page 6 of 6