05-135Council File #
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By:
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Green Sheet #
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3025014
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Yeas � � Nays J � Abse�t � � Reyuested by Department of:
Benanev
Thune
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Adopted by Council: Date:
Adoption Ce�
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Approved by
By: /
�y C Secretary:
/��i�.i�sdr �
: Date: �� ��y
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.cr2005
�roved by Mayor for Submission to Council:
� G Y �l,
1 RE50LVED, that the City of Saint Paul, Police Department, is authorized to enter into the
2 attached agreement with the City of Moorhead, MN for participation in the Internet
3 Crimes Against Children Task Force. A copy of said agreement is to be kept on file in the
4 Oftice of Financial Services.
� Green Sheet Gree� Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
Departrnentloifice/eouncd: Date Mitiated: � _ � �
PD ���.��� � Green Sheet NO: 3025014
Contad Person & Phone:
Chief John Fiarting[on
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Tofal # of Signah�re Pages _(Clip NI Locations for SignaW re)
Approving Joint Powers Agreement wit6 the City of Moorhead, MN to actively participate with the Internet Crimes Against Children
Task Force.
Appm�e (A) ar Reject (R):
Planning Canmission
CB Committee
Civl Service Commission
Personal Service Co�acts MustMswerthe Following Questions:
1. Has Mis persoNfirtn e�er wnrked under a contract forthis department?
Yes No
2. Has this parsoNfirtn e�er Deen a cfty employee�
Yes No
3. Does this persorJfirm possess a skili not nortnally possessed by any
� currerd c'�ty emPlqee?
Yes No
Erzplain all yes answers on separote sheet and alqch !o green sheet
Initiadng Problem, Issues, Opportunity (WAo, What, When, Where, Why):
Approval of the attached Memorandum of Understanding (MOin with ffie City of Moorhead Minnesota to actively pazticipate with the
Internet Crimes Against Children Task Foroe (ICAC).
AdvanGges N Approved:
Approval witl also expand the ICAC Task Fotce pmgcams effectiveness in northem Minnesota.
DisadvarNages KApproved:
None.
DisadvarMageslFNotApproved:
The work of the ICAC Task Force would be substautially hindered as work with other agencies is an integra( part of the originai grant
applicarion.
Transaction:
Punding Source: ICAC Gf2nt
Financial lnformation:
(Explain)
CosHRevenue Budgeted:
Activity Number: 3QQ�
February 9, 2005 8:15 AM Page 1
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Minnesota Internet Crimes Against Children Task Force
Multi-Agency Law Enforcement Agreement
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This Multi-Agency Law Enforcement Agreement, and amendments and supplements
thereto, (hereinafter "AgreemenY') is between the City of Saint Paul, acting through its
Police Department (Grantee) and the City of Moorhead, MI�t acting through the Moorhead
Police Department, 915 9'� Avenue North, Moorhead, MN 56560 (hereinafter "Agency"}
both which aze empowered to enter into joint powers agreements pursuant to Minn. Stat.
§ 471.59, Subd. 10 & 12, and is further empowered to enter into this Agreement by Minn.
Stat. § 626.76; and
Whereas, the above subscribed parties have joined together in a multi-agency task force
intended to investigate and prosecute crimes committed against children and the criminal
exploitation of children that is committed and�or facilitated by or through the use of
computers, and to disrupt and dismantle organizations engaging in such activity; and
Whereas, the undersigned agencies agree to utilize applicable state and federal laws to
prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate;
and
Whereas, the Grantee is the recipient of a federal grant (attached to this Agreement as
E�ibit A) disbursed by the Office of 7uvenile Just and Delinquency Prevention
("OJJDP") in Washington, D.C. to assist law enforcement in investigating and combating
the exploitation of children which occurs through the use of computers by providing
funding for equipment, training, and expenses, including travel and overtime funding,
which are incurred by law enforcement as a result of such investigations; and
Whereas, the OJ1DP Internet Crimes Against Children ("ICAC') Board of Directors has
been established representing each of the existing ICAC Task Forces to oversee the
operation of the grant and sub-grant recipients; and
Whereas, the Grantee obligations and funding duties are stated in the grant, attached as
E�ibit A; and
Now Therefore, the parties agree as follows:
The Agency approves, authorizes, and enters into this Memorandum of
LJnderstanding with the purpose of implementing a thre�pronged approach to
combat Internet Crimes Against Children: prevention, education and
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enforcement; and
► The Agency shail adhere to the Minnesota ICAC Task Force Policy Statement
(attached to this Agreement as Exhibit B); and
► The Agency shall adhere to the O7JDP ICAC Task Force Program Standards, in
addition to state federal laws, when conducting undercover operations relative to
TCAC (attached to this Agreement as E�ibit C); and
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► All officers contributed by the Agency to the Minnesota ICAC Task Force shall be
licensed peace officers or found by the Minnesota Board of Peace Officer
Standazds and Training to have comparable qualifications; and
► When a contributed officer of the Agency acts on the behalf of the Minnesota
ICAC task Force within the scope of this Agreement, the officer's actions are
within the officer's line of duty and course of employment to the same extent as if
the officer had acted on behalf of the officer's employing Agency; and
► The Agency shall to indemnify, save and hold harmless the Grantee, its
representatives and employees from any and all ciaims or causes of action,
including ail reasonable attorney's fees incurred by the Grantee, arising from the
performance of this Agreement by the Agency's officerls/; and
► All members of the Agency shall continue to be employed by the same Agency
empioyer which they were employed before joining the Minnesota ICAC Task
Force and all services, duties, acts or omissions performed by the member will be
within the course and duty of that employment, and therefore, are covered by the
Workers Compensation programs of that employer; will be paid by that employer
and entitled to that employer fringe benefits; and
The Agency shall submit all requests for undercover ICAC related operations in
writing to the Commander of the Minnesota ICAC Task Force far presentation to
the OJ3DP ICAC Task Force Board of Directors; and
The Agency must first submit a written request for funds and receive approval for
the funds from the Grantee to receive any funds from the Grantee; and
The Agency must supply original receipts to be reimbursed on pre-approved
request; and
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� The Agency shall maintain accurate records pertaining to prevention, education,
and enforcement activities, to be collected and forwarded monthly to the
Minnesota ICAC Task Farce Commander or his designee for staxistical reporting
purposes; and
• T'he Agency shall participate fully in any audits required by the OJJDP; and
• The Agency shall make a reasonable good faith attempt to be represented at any
scheduled regional meetings in order to share information and resources amongst
the multiple entities; and
� The Agency shall be solely responsibls for forwarding information relative to
investigative targets to the Child Pornography Pointer System (CPPS) pursuant to
the OJ7DP guidelines; and
� All information forwaxd to the Minnesota Internet Crimes Against Children Task
Force shall be classified and maintained pursuant to the Minnesota Government
Data Practices Act, Minnesota Statutes, Chapter 13 and specifically, Section 13.82,
Comprehensive law enforcement data.
� The term of the Agreement shall run far one year from the date the Agreement is
fully executed by all parties or when the grant funding period expires, May 20006,
which ever occurs last, uniess terminated earlier by other provisions available in
the Agreement
� Either party to the Agreement may terminate the Agreement, without cause,
following a 30-day written notice to the other agency. The contact person far legal
notice to Minnesota ICAC Task Force is the Minnesota ICAC Task Force
Commander. The contact person for the Undersigned Law Enforcement Agency is
its official head; and
The Agency shall provided to the Minnesota ICAC Task Force Commander in a
timely manner ail investigative equipment acquired through grant funding as a
result of this Agreement in the event that: future federal funding is no longer
available, the Agency decides to dissolve its binding relationship with the
Minnesota ICAC Task Force and the Saint Paul Police Department, ar the Agency
breaches the Agreement.
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Egecution of this Agreement:
This Agzeement shall be effective upon full-executed signatures by all parties. Nothing in
this Agreement shall otherwise limit the jurisdiction, powers, and responsibilities
normally possessed by an employee as a member of the Agency.
3ohn Harrington, Chief of Police
Saint Paul Police Department
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By and Tit1B
Law Enforcement Agency
AQencvi certifies that the approuriate person(s)
have executed the A2xeement on behalf of the
A�ency and its iurisdictional government entitv
as required by annlicable articles, laws,
bv-laws, resolutions, or ordinances.
Date
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1. Tuerecioient agrees xo comply with the fiv�cial and admuusaztive requirements sex foRh in the cuiren[ edition of
[oe 0lrice or'JusticePr omzms (OJP) Financial Guide.
2. _ Therecinient ac�owledges tktat failure m Suumit an acccvtabie Equal Emnloyment Opportunity Plan (if recipirnt is
required to snbaut one piusuantto 38 C.PA. Secrion 42302), tnat is approved by tNe Ofnce £or Civil Risht<, is a
vio3alion of iCS Certified Assurances and may resu3[ in suspension or rermination of fimding, unv7 such hme as [he
recipient is in comp7iance.
3. Tne recipient agrees W camply with the organizanonal audit requiremeufs of OMB Circulaz A-133, Audits of Sfates,
Local Govexnments, and Non-Profit Organi�arions, as fur[her described in ihe current edition of [he OIP Financial
Guide, Chap[er 19. _
4. Rior to the c�pendiR¢e of confidential funda, the recipient and azry subrecipients agree to sign a cerufication
----indieabngthatfieorshe�hamad,vnderstands, ��-
fvnd expendituros az set firth m ihe 07P Flnancisl Guide.
" 5. '17�e recipien[ shall su6mit semi2nnual pro�as repnrts. Progces reports shall be submittrd within 30 days sRer the
end of the repocting periods, which aze 7mme 30 and Decexnber 31, for the tife of the award. These repons wi11 be
�bmitted in an original and one copy, and maile3 to the same address indicate3 in the 9puial Condittan regading
FivanciatRepoxts. - '
6. I'he recipient agrees to submit quazterly financiai reports on Standard Frnm SF 2b9A. Tnese reports wil] be
submitted within 45 days afrer ffie cnd ofthe calendar quarter, aod a final report is due ]20 days foIlowing the end af
r the awazd period The reports shal] be submitted to the Office of7ustice�Progmms, Dffice of ihe Comptroller, Atm:
Conhol Desk, Room 5303, 870 7th Sfreet, N.W., Washingion, D.C. 20531
7. Appxoval of 2nis award does not indicate anprovai of,any consultant rate in excess of 5450 p¢ day. A detaile8
}ns�ificabom m�st be submitte8 to and approved by the Office a£Jnsuce Prog�a*ns (OSP) pr a�ram office prior to
obligaaon or �penditure of such fimds.
S. Ihe Project Duector and key progrnm personnel designated m[he zpolication shall be rep7aced only for comneRing
reasom and with the concuxrence of DJP. OIP w�71 not unreuonab]y withhold concunence. Eill successors to kcy
pexsonnel must be approved and such appro�al is con5ngent upon sub=nission of appropriate infoxxnation, includ'uig,
but aot limited tq a resume. Changes in oiher niagam personne] require only notification to OJP and submission of
cesumcs, imless othenvise designated in the awazd document. �
9. Tt�e recipient agees w compiy with ffie ICAC Task Fome Progrun Standards u estabSished by the SGC I'ask
- Fome Advisory Board and approved by OJJDP.
1D. Tf�e zecipient agrees eo fozward reports of TCAC Task Force Program Monthly PerFormance Measures ro the
� OJIDP-designated site.
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_ SPECIr1L CONDIITONS
I I. 13e OfACe ofluveni7e Juslice and Delinauency Prevrnaon nas elxred to enter into a Coonezative A�reement tather
th� a ganc with the recioimt This decision reflects the mutuai interat of tne re..^in��t and OJSTJP in the apemaon
ofthe ptoject as well u the apticioared Ievei of Federe! involvement in this project. 071DP's puticipatory role io the
projec[1s as follows: -
s. Review and approve maja wozk pluu, including changes to sucn plans, and key decssions perhainine to prqect
� ovexatiuns.
b. lteview azid apprwe majorprojeM genereted documents and znatenats used in die provision of pmject services.
Pro�ide guidance in rignificanxprojectplaru�ing meetings, and participate in project sponsored Rainin� evenis or
, confercnces_ , ,
12. The �antee agrees to designaYe one policy and/or command 1eve1 individual as Che regional Eask force reprueniarive
_ tq the ICAC'fask Fome Board. This Designation must be in vrziting and fonvazded [o OJ7S?P for review and
approvai wcthin ninery days of avrard. , " �
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OIP FORM 40002 (FEV.488j
�� 6.'T � 0 5135
Saint Paul Police ICAC Task Force
(Internet Crimes Against Children)
Policy Statement
Policy Purpose:
The purpose of this policy is to establish responsibilifies and guidelines regazding the St. Paul
Police Departments response to reports of exploitation of children, and the possession and
distribution of child pomography using computers.
Policy Statement:
It shall be the policy of the St. Paul Police Department to adhere to sirict guidelines with respect
to investigations of computer related child exploitation. The standards adopted pursuant to this
policy mirror those prescribed by Off`ice of Juvenile Justice and Delinquency Preventions's
(O7JAP) Internet Crunes Against Children (ICAC) Task Forces, and ensure compliance with
those protocols accepted by the Federal Bureau of Investigations (FBn, U.S. Customs, and the
U.S. Postal Inspector's Office.
Definitions:
A proactive investi ation is designed to identify, investigate and prosecute offenders, which may
or may not involve a specific target, and requires online interaction and a significant degree of
pre-operative planning.
A reactive invesfi ation involves the invesfigation and prosecution of a known tazget(s), and
where the need to proceed with the invesfigafion is urgent. It also includes a response witlun the
community or azea of jurisdiction to a specific complain brought to the departments attention by
another law enforcement agency, a reputable source of information such as the Cyber-Tipline at
the National Center for Missing & Exploited Cluldren or a large Tntemet Service Provider. The
department must also respond to complaints made by citizens, schools, libraries, or businesses
who believe illegal material has been transmitted or potentially dangerous situations, such as
child lure attempts have been communicated through the Internet.
The term Internet Crimes Against Children (ICAC) includes both proactive and reacfive
investigative activities as outlined above.
An investigation is deemed to be urgent when there is a reasonable belief that the target presents
an-imminent-tiireat#o the well being-of another person.
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Procedures:
R'ork space and Eqnipment
Intemet Crimes Against Children (ICAC) computers and soflwaze sball be reserved for
the exclusive use by depariment designated ICAC personnel. When possible, undercover
computers, softwaze, and online accounts shall be purchased covertly. No personally
owned equipment sha11 be used in ICAC investigations and ali softwaze shall be properly
acquired and licensed.
Ali ICAC online investigations shall be conducted in government work space as
designated by the department.
Care Predication and Prioritization
Cases may be uutiated by refertals from the CyberTipline, Internet Service Providers, or
other law enforcement agencies, and by iuformation gathered tl�rough subject interviews,
documented public sources, direct observations or suspicious behavior, public
complainfs, or by any other source acceptable under current departrnent policy.
ICAC Supervisors aze responsible for determining investigative priorities and selecting
cases for investigafion. Asstmling the information is deemed credible, that determination
should begin with an assessment of victim risk and then consider other factors such as
jurisdiction and lrnown offender behavioral charactezistics. The following prioritization
scale was established by the ICAC Task Force Review Boazd and will apply to the
assignment of cases within the department:
2.
3.
4.
>.
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A child is at immediate risk of victimization;
A child is vulnerable to victimization by a lmown offender;
Known suspect is aggressively soliciling a child(ren);
Traders of unages that appeaz to be home photoa aphy with domiciled children;
Aggressive, high volume cluld pornography traders who either aze commercial
distributors, repeat offenders, or specialized in sadistic images;
Traders and solicitors involved in high-volume tr�cking or belong to an
organized child pornography ring that operates as operates as a criminal
conspiracY;
7. T:aders ir. pre:�icasly iciow� i.�ag�s;
8. Traders in digitally altered images.
Record Keeping
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CAC investigative uni#s shall be subject to the existing agency incideni reporeing procedure an3 - -
case supervision systems. Investigators cvill obtain a case number at the outset of each case and
fully document their activities through the compietion o£initial ans supplemental reports.
Reports will be completed and reviewed by a supervisor in a timely fashion. InvesCigation and
05-�35
case management activities will occur in accordance with existing departmental policies and
procedures. Closeout reports with indicate the manner in which a case has been resolved wifn
copies forwazded to fhe prosecutor's office and/or the law enforcement agency continuing the
investigation when applicable.
Undercover Invesfigations
Carefully managed undezcover operations conducted by well-trained officers are among the most
effective techniques auailable to law enforcement for addressing ICAC offenses. Undercover
operations, when executed and documented properly, collect viztually unassailable evidence
regazding a suspecY s predilection to sexually exploit children. However, these investigations
can trigger serious legal and ethical considerations because of concern that inappropriate
government conduct may induce an otherwise innocent citizen into committing a crime.
A11 investigafions shall be conducted in a manner consistent with the principles of
due process. Task Force inves6gators sha11 auoid unlawful inducement of any
individual not otherwise disposed to couimit the offenses being investigated, and
will not engage in conduct that is shocking or offensive to notions of fundamental
faimess as described in applicable case law.
Officers should always be aware that their actions, in addition to those of the
offender, may be at issue in deciding if charges aze brought, whether referrals to
other law enforcement agencies aze acted upon, and in determniing the guilt or
innocence of the offender.at trial. Therefore, it is critical that this task force work
closely with locai prosecutors when investigating ICAC offenses.
Accordingly, the following minimum standards apply to undercover investigations
by the task force:
a) Only swom on-duty ICAC Task Force personnel shall conduct ICAC
investigations in an undercover capacity. Private citizens shall not be asked to
seek out investigarive targets nor shall they be authori2ed to act as police agents in
an online undercover capacity.
b) ICAC Task Force personnei sha11 not, under any circumstances, upload,
transmit, or forward pomographic or sexually explicit images.
c) Other than photographs of law enforcement officers who have provided their
informed written consent, no human images shall be uploaded, transmitted, or
forwazded by ICAC Task Force personnel.
d) Other than authorized above, images considered for upioading skaTl be
approved by the ICAC Task Force Project Director and reviewed by a local
prosecutor. Images uploaded for investigative purposes shall be nonhuman and
encrypted. Sexually suggestive tifles sha11 not be used.
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e) Duriug online dialogue, undercover officers should allow the investigative
target to set the tone, pace, and subject matter of the online conversation. Image
upioading shall be initiated by the target
Evidence Procedures
A11 undercover online activiry shall be recorded and documented. Any deviations from this
policy due to unusual circumstances, shall be documented in the relevant case file and reviewed
by the ICAC Task Force Commander.
The storage, security, and destruction of investigative information shall be consistent with
agency polacy. At a m;n;mum, information should be maintained in locked cabinets and
under the control of ICAC Task Force personnel. Access to these files should be
restricted to authorized personnel with a legitnnate need to know.
Task Force supervisors should ensure that forensic examinations of computers and related
evidence are conducted by qualified personnel that have received specific training in
computer forensics.
Tnformation Sharing
Conventional boundaries aze virtually meaningless in tbe electronic world of the Internet and the
usual constraints of time, place, and distances lose their relevance. These factors increase the
possibility of ICAC Task Forces targeting one another, investigating the same subject, or
inadvertently disrupting an ongoing investigation. To foster coordination, coilaboration, and
communication, OJJDP requires that each ICAC Task Force contribute basic case information to
a common daxabase. Federal Guidelines have been established throu� the Department of
Jusrice's ICAC Task Force Information Sharing Warking Group. The 03JDP Task Foxce
Review Board reviewed, modified, and adopted the below information sharing system and
procedures. The St. Paul Task Force will comply with these guidelines.
Task Force investigators shall contribute basic and case update information on all cases
(local, interstate, reactive and proactive) to the Case Deconfliction System maintained
through the Law Enforcement Data Exchange (LED�.
2. Basic case information shali include, but is not limited to:
a) Submitting Task Force
b) Person submitting information
c) Telephone numbez for verification purposes
-- - --- -- - -----
d) Date of submission
e) Brief synopsis of investigation
fl Offender screen name(s)
-_ g) Identifiers (URL, FTP, Newsgroup, IP Address)
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h) True name of suspect (if laiown)
i) Other suspect information (if known)
j) Undercover officer screen name(s)
3. Case update information shall include, but is not limited to:
a) Submitting Tasic Force
b) Person submitting information
c) Telephone number for verification purposes
d) Date of submissaon
e) Date investigation initiated
fl Identity of subject(s) including address, date of birth, social security number,
address (when availabie)
g) Cruninal proceedings (e.g., arzest, indictment, seazch warrant, conviction, etc.)
h) Sentencing information (when available)
4. Each investigator working with the ICAC task force will sign up for access to LEDX via
theu website. 7nformafion on how to gain access will be provided by the unit
commander.
5. Each invesrigator shall query LEDX once they have established an investigative interest.
For the purposes of the ICAC Task Force Program, an investigafive interest is established
when there is reasonable suspicion that a crime has occurred or there is a reason to
believe that a screen nazne or other potentially identifiable entiry has engaged in a
sequence of activities that is likely to lead to the sexuai exploitation of a child.�Assuming
no other active investigafions aze discovered and that reasonable suspicion is present to
initiate an investigation, the agency will submit case information to LEDX. Each Task
Force should submit this information within 24 hours of initiating the case or as soon ,
thereafter as possible.
6. If any duplicarion is found, the initiating investigator is responsible for contacting the
other law enforcement agency.
7. Additionally, initiating investigators should also contact fhe U.S. Customs Cyber
Smuggling Center (703-293-8005) to ensure there is no duplication with regard to their
ongoing investigations. Similaziy, once an offender has been identified and associated
with a known address, aoniact shouid be made with the U.S. Postai Inspector responsibie
for child sea�zal exploitafion offenses where the offender resides.
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Supervision
Existing departmental supervisory srystems and procedures shall apply, with specific
emphasis on observation, documentation, and periodic evaluation of cases assigned to
undercover investigators. VJritten directives will reflect the principles of quality case
management and ensure thax ICAC Task Force activities comply with both agency and
ICAC Task Force Standards.
2. At a minimum, management or supervisory policies and practices shall include:
a) review of daily TCAC Task Force investigative reports;
b) periodic review of undercover session recordings;
c) direct participation in formulating ICAC Task Force investigative plans and
establishing investigative priorities;
d) development of work schedules including approval of specific overtime expenditures;
e) assessment of equipment and training needs; and,
fl review and approval of any ICAC,Task Force fiscal matters.
Selecfion of ICAC Task Borce Personnel
While existing agency personnei procedures apply, managers and supervisors should
evaluate prospective ICAC Task Porce candidates for work history that indicates prior
investigative eaperience, court testimony skill, ability to handle sensitive information prudenfly,
and a genuine interest in the protection of chiidren.
Task Force members should be computer literate, lrnowledgeable regazding child
exploitafion issues, and be familiaz wath Federal and State statutory and case law pertaining to
ICAC investigations.
Prevention and Education Activities
Prevention education activities are a critical component of the St Paul Police ICAC Task
Porce Program. Supervisors and investigators are expected to develop and lead prevention
programs to foster awazeness and provide practical, relevant guidance to children, parents,
educators, librarians, and other individuals concemed about child safety issues. However, these
presentations sha11 not depict identifiable victims nor shall they use pornographic or sexually
expl'zcit images. Presenters sha11 not d+:scuss investigative techniques.
Media Relations and Releases
Copies of inedia releases retated to this initiative will be forwarded through the ICAC
— -" "" Unif Commander to Yke Public Office for dissemination. Copies of rac�io or video
segments and press clippings will be used to promote and sustain public support for ICAC
activities and circulated withiu the Review Boazd.
Media releases relating to prosecutions, crime alerts or other matters conceming ICAC
Task Force operations shall not include information regazding specific investigative techniques
�5-�3 5
and should be coordinated (when applicable) with other Task Force participants, Federal law
enforcement agencies, and State and local agencies involved in the investigation consistent with
sound information management and media relations practices. Ln each case, copies should be
pzovided to OJJDP in a timely manner.
�.eN. 6.T C �S"I �J
ICAC PROGRAM
OPERATIONAL
AND
INVESTIGATIVE STANDARDS
05-1�5
INDEX
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1
Case Management . . . . . . . . . . . . . . . . . . . . . . . . . Pages 2 — 6
A. Workspace and Equipment
B. Case Predication and Prioritization
C. Record Keeping
D. Undercover Investigations
E. Bvidence Procedures
Page 2
Page 3
Page 4
Page 5
Page 6
Information Sharing . . . . . . . . . . . . . . . . . . . . . . . Page 7
Supervision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 8
Selection of ICAC Task Force Personnel ....... Page 9
Community Education and Crime Prevention
Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 10
Media Relations and Releases . . . . . . . . . . . . . . . . Page 11
ICAC Program Operational and Irtvestigative Standards
05�135
Date:
lofl
Definitions
As used herein, the following definition shall apply:
"OJJDP" is the Office of Juvenile Justice and Delinquency Prevention.
"NCMEC" is the National Center for Missing and Exploited Children.
"CEOS" is the Child Exploitation and Obscenity Section ofthe United States
Attorney's O�ce, of the Department of Justice.
"ICAC" is the Internet Crimes Against Children program composed of Regional
Task Forces and Satellites.
"REGIONAL TASK FORCE" is defined as an ICAC law enfarcement agency
designated by OJJDP to act as a Regional Task Force,
"SATELLITE" is defined as a law enforcement agency that was selected to
receive an O7JDP grant to establish a satellite program.
For the purposes of this program, crime is defined as any offense that involves the
exploitation of children facilitated by technology.
Investigative interest is established when there is reasonable suspicion that a
screen name or other potentially identifiable entiry has committed a crime or that
entity is engaged in a sequence of activities that is likely to result in the
commission of a crime.
A proactive investigation is designed to identify, investigate and prosecute
offenders, which may or may not involve a specific tazget, and requires online
interaction and a significant degree of pre-operative plauning.
A reactive investdgation involves the investigation of a complaint of a crime.
Reasonable suspicion is established when sufficient facts exist to lead a law
enforcement officer to believe that an individual or organization is involved in a
definable criminal acrivity.
ICAC Program Operational and Investigative Standards
-1-
05 -13 5
A. Workspace and Equipment
1. ICAC computers and sofiware shall be reserved for the exclusive use
by agency designated ICAC personnel. When possible, undercover
computers, software, and online accounis shall be purchased covertly.
No personally owned equipment shall be used in ICAC investigations
and all software shall be properly acquired and licensed.
2. ICAC personne] sha11 not use ICAC computers, software or online
accounts for personal use.
3. Absent exigent or unforeseen circumstances, all ICAC online
investigations shail be conducted in government workspace as
designated by the agency. Exceptions must be approved in advance by
an ICAC supervisor.
ICAC Program Operational and Investigative Standards
-Z-
05-13�
B. �ase Predication and
Prioritization
1. Cases may be ixritiated by referrals from the CyberTipline, Intemet
service providers, or other law enforcement agencies, and by
information gathered through subject interviews, documented public
sources, direct observations of suspicious behavior, pubfic complaints,
or by any other source acceptable under agency policies.
2. ICAC supervisors are responsible far determining investigative
priorities and selecting cases for investigation. Assuming the
information is deemed credible, that determination should begin with
an assessment of victim risk and then consider other factors such as
jurisdicrion and known offender behavioral characteristics. The
following prioritization scale sha11 be considered:
a) A child is at immediate risk of victimization
b) A child is wlnerable to victimiza6on by a known offender
c) A known suspect is aggressively soliciYing a child(ren)
d) Manufacturers, distributors or possessors of images that appear
to be home photoa aphp with domiciled children
e) Aggressive, high-volume child pornography manufacturers ar
distributors who either aze commercial distributors, repeat
offenders, or specialize in sadistic unages
� Manufacturers, distributors and solicitors involved in high-
volume traf£cking or belong to an organized child pornography
ring that operates as a criminal conspiracy
g) Distributors, solicitors and possessors of images of child
pornography
h) Any other form of child victimization.
ICAC Program Operational and Investigative Standarrls
-3-
Og-13S
C. Record Keeping
1. ICAC units shali be subject to existing agency incident reporting
procedures and case supervision systems. At a minimum, a unique
identifier sha11 be assigned to each ICAC case.
2. Participating agencies will report program accomplishments using the
ICAC Monthdy Performance Measures Report. This report is due to
the ICAC Coordinator on the lO of every month and does not replace
the semi-annual progress report required by the Office of Justice
Program's Financial Guide.
ICAC Program Operational and Investigative Standards
��
OS•i�3
D. Undercover Investigations
Carefully managed undercovex operations conducted by well-trained
officers are among the most effective techniques available to law
enforcement for addressing ICAC offenses. Undercover operations,
when executed and documented properiy, collect virtually unassailable
evidence regarding a suspect's predilection to exploit children.
2. Investigators will be supplied with appropriate training and receive a
copy of the ICAC Operational and Investigative Standards
ICAC invesrigations shali be conducted in a manner consistent with
the principles of law and due process. See, for example, Jacobson v.
U.S., 503 U.S. 540 (1992); U.S. v. Archer, 486 F.2d (2 Cir.1973);
U.S. v. Gamache 156 F. 3d 1(l Cir. 1998); U.S. v. Poehlman 217 F.
3d 692 (9`" Cir. 2000). ICAC investigators are encouraged to work in
conjunction with their 1oca1 prosecutors.
4. The following minimum standazds apply to ICAC investigations:
a) Only swom, on-duty ICAC personnel shall conduct ICAC
investigations in an undercover capacity. Private citizens shall
not be asked to seek out invesfigative targets, nor sha11 they be
authorized to act as police agents in an online undercover
capacity.
b) ICAC personnel sha11 not, electronicaliy upload, transmit, or
forwazd pornographic or sexually explicit images.
c) Other than photographs of law enforcement o�cers who have
provided their informed written consent, no actual human images
shall be uploaded, transmitted, or forwazded by ICAC personnel.
d) During online dialogue, undercover officers should a11ow the
investigative target to set the tone, pace, and subject matter of the
online conversation. Image transfer shail be initiated by the
target.
ICAC Program Dperational and Investigative Standards
-5-
05-t�5
e) Undercover online acfiviry shall be recorded and documented.
Any depariures from this policy due to unusual circumstances
shall be documented in the relevant case file and reviewed by an
ICAC supervisor.
Effective Date:
3f08/02
Subject: Evidence Procedures Page 1 of 1
Case Mana ement
E. Evidence Procedures
1. The storage, security, and deshuction of investigative information
shall be consistent with agency policy. Access to these files should
be restricted to authorized personnel.
2. ICAC supervisors should ensure that qualified personnel conduct
forensic
examinations of computers and related evidence.
a. Child pornography is contraband and should be maintained
pursuant to each agency's policies regarding such. Absent a court
order specifically ardering otherwise, evidence containing child
pornography shall not be released to any defendant or
representativethereof.
b. When providing evidence containing child pornography to another
law enforcement agency, such evidence must be hand-delivered,
digitally protected or sent via a delivery service which tracks the
shipment.
ICAC Program Operational and Investigative Standards
�
OS-� 3 �
Effective Date:
3/08102
Subject: P e 1 of 1
Informafion Sharin
Conventional boundaries are virtually meaningless in the electronic world of
the Internet and the usual constraints of time, place, and distance lose their
relevance. These factors increase Che possibility of ICAC agencies targeting
one another, investigating the same subject, or inadvertently disrupting an
ongoing investigation. To foster coordination, collaboration, and
communication, each ICAC agency must contribute basic case information to
a common database.
2. Each ICAC agency shall contribute case information on a11 active
investigations (local, interstate, reactive and proactive) to a common database
as designated by the ICAC Board of Directors. This information should be
submitted at the earliest practical opportunity.
3. If any common target is identified, the initiating ICAC agency is responsible
for contacring the other law enforcement agency targeting the suspect.
4. Initiating ICAC agencies should also consider contacting other local, sCate,
and federal agencies which may be involved in similar investigations.
ICAC Program Operational and Investigative Standards
-7-
05-135
Effective Date:
3/08f02
Subject: Page 1 of 1
Su ervision
1. Each ICAC agency shall haue supervisory systems and procedures, which
shali provide for observation, documentation, and periodic review of ICAC
activity. Such system should comply with the principles of quatity case
management and ensure that ICAC activities comply with both agency and
ICAC Staudards.
2. ICAC agencies may submit any proposed operarions to the Boazd for review.
To assist the Boazd in its review, the proposals shall be submitted to the Boazd
Coordinator at least 21 days in advance of the next regulariy scheduled
meeting. Proposals should be submitted using the following fozmat and
inciude the following information:
a) goals and objectives ofthe operation;
b) personnei assigned ancUor responsible for investigation;
c) duration of operation, i.e., projected start and stop dates;
d) offenses targeted for investigation;
e) investigative targets and limitation on government contact;
fl operation scenario and techniques (language for contact letters and
advertisements must be included with ptoposal);
g) liaison andlor case refenal procedures with Federal law enforcement
agencies (include the names of Federal agents when known) and;
h) other relevant information
3. The Board, at its discretion, may suggest amendments to the original proposai
following consultation with the presenting agency. i3ofice of the results of the
review of investigative proposals from satellites will be communicated to the
satellite representatives by the Board Chair.
4. The ICAC submitting the proposal for review may seek the support of tlae
Board.
ICAC Program Operational and Investigative Standards
�
45•l35
Effective Date:
3l08/02
Subject: Page 1 of 1
Selection of ICAC Task Force Personnel
Managers and supervisors should evaluate prospective ICAC candidates for work
history that indicates prior invesrigative experience, court testimony skills, ability to
handle sensitive information prudently, and a genuine interest in the protection of
children.
ICAC Progr�am Operational and Investigative Standards
�
05-)35
1. Prevenrion education activities are a critical component of the OJJDP ICAC
Progrun. ICAC agencies should foster awazeness and provide practical,
relevant guidance to civldren, parents, educators, librarians, and other
individuals concemed about child safety issues.
2. Presentations to school stafF, parents, and community groups are excellent
ways to promote awareness. These presentations shall not depict identifiable
victans, not otherwise in the pubiic domain; nor shall they use pornographic
or sexually explicit images. Presenters shall not discuss confidential
investigative techniques.
3. No member of an ICAC Task Force may endorse any product or service
without the express consent of an OJJDP Program Manager. Whi1e appearing
at public presentations, ICAC members may indicate a preference for a
product or service, but to avoid an implicit endorsement, such ICAC members
should indicate adequate alternatives.
ICAC Program Qperationad and Investigative Stttndards
-10-
05-135
Effective Date:
3/08/02
Subject: Page 1 of 1
Media Relations and Releases
Media releases relating to prosecutions, crune alerts or other matters concerning
TCAC operations shall not include information regazding confidenfial investigative
techniques and should be coordinated (when applicabie) with other Task Force
participants, Federai law enforcement agencies, and State and local agencies involved
in the investigation consistent with sound information management and media
relations practices.
ICAC Program Operational and Investigative Standards
-Il-
co�n�il Fae #
RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA
Presented By:
Green Sheet #
Committee:Date:
p5-13�
3025Q14
15
1 RESOLVED, that the City of Saint Paul, Police Department, is authorized to enter into the
2 attached agreement with the City of Moorhead, MN for participation in the Internet
3 Crimes Against Children Task Force. A copy of said agreement is to be kept on file in the
4 Office of Financial Services.
5
6
7
8
9
10
11
iz
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Yeas Nays absent Requested by Department of:
Benanev ,/
Harris
Heigen
✓
✓
✓
✓
Thune `/
Adopted by Council: Date: ������
�r��.�
Adoption Certified by Council Secretary:
BY� ' � �h�
Approved by y r: Date: �� �
By ' - -����1��
by Mayor for Submission to Council:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sfieet Green Sheet
Deparhnentlofficekouncd: Datelnidated:
PD -�abce�� �.� Green Sheet NO: 3025014
Con}act Person 8 Phone:
ChieF Jdm Hartington
2bG5586
ContractType:
RE-RESOLUTKKJ
�
{fj-1�
-' Deoar6nent SentToPerson MitiaUDate
0 t
Assgn 1 a nt ' r
N�m6sr 2 n ne
For
RW 3 a o/ t
Order 4 0
5 i[ 1 k
Total it of SignaWre Pages _(CNp Nf Locations for SignaWre)
Approving Joint Powers Agreement with the City of Moorhead, MN to actively participate with the Intemet Crimes Against Ctuldren
Task Poroe.
Recommendatiau: Appm�e (A) a Reject (R):
Planning Commissfon
CIB Committee
Ciul Service Commission
7. Has Mis persor✓firtn e�er waked under a ca�tract for this tlepartmenl?
Yes Na
2. Has this persoNfirtn e�er been a city emptoyee?
Yes No
3. Does this person/firm possess a skill rrot normally possessed by any
curterd city employee?
Yes No
Explain all yes answers on separate sheetand aGach to green sheet
InNating Problem, lssues, Opportunity (Who, Whaf, When, Where, Why):
Approval of the attached Memorandum of Understanding (MOiJ1 with the City of Moorhead Minnesota to actively participate with the
Internet Crimes Against Children Task Force (ICAC).
Advsnfages H Approved:
Approval will also expand the ICAC Task Force programs effectiveness in northem Minnesota.
Disadvantages IF Approved:
None.
Disadvanfages M Not Approved:
The work of the ICAC Task Force would be substantially hindered as work with other agencies is an integral part of the original gant
appGcarion.
Total Amount of
T2nsaction:
Funding Source: �CQC G211t
Financial Infortnadon:
(Explain)
CosHRevenue Budgeted:
Activiry Number, 34Q$6
February 9, 2005 8:?5 AM Page 1
Y
p5-t35
Minnesota Internet Crimes Against Children Task Force
Multi-Agency Law Enforcement Agreement
This Multi-Agency Law Enforcement Agreement, and amendments and supplements
thereto, (hereinafter "Agreement") is between the City of Saint Paul, acting through its
Police Department (Grantee) and the City of Moorhead, MN acting through the Moarhead
Police Department, 915 9'� Avenue North, Moorhead, MN 56560 (hereinafter "Agency")
both which are empowered to enter into joint powers agreements pursuant to Minn. Stat.
§ 471.59, Subd. 10 & 12, and is further empowered to enter into this Agreement by Minn.
Stat. § 626.76; and
Whereas, the above subscribed parties have joined together in a multi-agency task force
intended to investigate and prosecute crimes commitCed against children and the criminal
exploitation of children that is committed and(or facilitated by or through the use of
computers, and to disrupt and dismantle organizations engaging in such activity; and
Whereas, the undersigned agencies agree to utilize applicable state and federal laws to
prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate;
and
Whereas, the Grantee is the recipient of a federal grant (attached to this Agreement as
E�ibit A) disbursed by the Office of Juvenile Just and Delinquency Prevention
("OJJDP") in Washington, D.C. to assist law enforcement in investigating and combating
the exploitation of chiidren which occurs through the use of computers by providing
funding for equipment, training, and expenses, including travel and overtime funding,
which are incurred by law enforcement as a result of such investigations; and
Whereas, the O7JDP Internet Crimes Against Children ("ICA.C") Board of Directors has
been established representing each of the e�sting ICAC Task Forces to oversee the
operation of the grant and sub-grant recipients; and
Whereas, the Grantee obligations and funding duties are stated in the grant, attached as
E�ibit A; and
Now Therefore, the parties agree as follows:
The Agency approves, authorizes, and enters into this Memorandum of
t3nderstanding with the purpose of implementing a three-pronged approach to
combat Internet Crimes Against Children: prevention, education and
-i-
}
enforcement; and
� The Agency shall adhere to the Minnesota ICAC Task Force Policy Statement
(attached to this Agreement as E�ibit B); and
► The Agency shall adhere to the OJJI?P ICAC Task Force Pragram Standards, in
addition ta state federal laws, when conducting undercover operations relative to
ICAC (attached to this Agreement as E�ibit C); and
(Y�
► All officers contributed by the Agency to the Minnesota ICAC Task Force shall be
licensed peace officers or found by the Minnesota Board of Peace Officer
Standards and Training to have comparable qualifications; and
• When a contributed officer of the Agency acts on the behalf of the Minnesota
ICAC task Force within the scope of this Agreement, the officer's actions are
within the officer's line of duty and course of employment to the same extent as if
the officer had acted on behalf of the officer's employing Agency; and
� The Agency shall to indemnify, save and hold hazmless the Grantee, its
representatives and employees from any and all ciaims or causes of action,
including all reasonable attorney's fees incurred by the Grantee, arising from the
performance of this Agreement by the Agency's officerJsl; and
� All members of the Agency shall continue to be employed by the same Agency
empioyer which they were employed before joining the Minnesota ICAC Task
Force and all services, duties, acts or omissions performed by the member will be
within the course and duty of that employment, and therefore, are covered by the
Workers Compensation programs of that employer; will be paid by that employer
and entitled to that employer fringe benefits; and
The Agency shali submit all requests for undercover ICAC related operations in
writing to the Commander of the Minnesota ICAC Task Force for presentation to
the O7JDP ICAC Task Force Board of Directors; and
The Agency must first submit a written request for funds and receive approval for
the funds from the Grantee to receive any funds from the Grantee; and
The Agency must supply original receipts to be reimbursed on pre-approved
request; and
-2-
05 -�3 5
� The Agency shall maintain accurate records pertaining to prevention, education,
and enforcement activities, to be collected and forwarded monthly to the
Minnesota ICAC Task Force Commander or his designee for statisrical reporting
purposes; and
� T`he Agency sha11 pacticipate fully in any audits required by the OJJAP; and
• The Agency shall make a reasonable good faith attempt to be represented at any
scheduled regional meetings in order to share information and resources amongst
the mulriple entities; and
• The Agency shall be solely responsible for forwarding information relative to
investigative targets to the Child Pornography Pointer System (CPPS) pursuant to
the OJ7DP guidelines; and
� All information forward to the Minnesota Internet Crimes Against Children Task
Force shall be classified and maintained pursuant to the Minnesota Government
Data Practices Act, Minnesota Statutes, Chapter 13 and specifically, Section 13.82,
Comprehensive law enforcement data.
� The term of the Agreement shall run for one year from the date the Agreement is
fully executed by all parties or when the grant funding period expires, May 20006,
which ever occurs last, unless terminated earlier by other provisions available in
the Agreement
• Either party to the Agreement may terminate the Aa eement, without cause,
following a 30-day written notice to the other agency. The contact person for legal
notice to Minnesota ICAC Task Force is the Minnesota ICAC Task Force
Commander. The contact person for the Undersigned Law Enforcement Agency is
its official head; and
The Agency shall provided to the Minnesota ICAC Task Force Commander in a
timely manner all investigative equipment acquired through grant funding as a
result of this Agreement in the event that: future federa] funding is no longer
available, the Agenc}� decides to dissolve its bindinD relationship with the
Minnesota ICAC Task Force and the Saint Paul Police Department, or the Agency
breaches the A�eement.
-3-
US-f 35
Execution of this Agreement:
This Agreement shall be effective upon full-executed signatures by all parties. Nothing in
this Agreement shalI otherwise limit the jurisdiction, powers, and responsibilities
normally possessed by an employee as a member of the Agency.
John Harrington, Chief of Police
Saint Paul Police Department
� �� ,
By and Tit�'a
Law Enforcement Aeencv
A¢encvi certifies that the ap�ropriateperson(s)
have executed the A�reement on behalf of the
A�v and its jurisdictional �ovemment entitv
as required by�a plicable articles, laws,
by-laws, resolutions, or ordinances.
Date
_ � �,s-�
Date �
Date
Date
Date
C�
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a5-�35
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19. SIGNANAE OF AUTHORIa'"ED RECIPIENT OFFIpAL j 19A DATE
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l. Therecmient agrees to compry wi8i the frnancial and adminis¢ztive requirements Sex forth in the current edition of
[Le Ofnce of Sustice Prognms (OIP) Financia] Guide.
2. I'herecinient aclmowledges Uut failvre m snbmiC mm accentable Equal Emp]oyment Opportuniry PIan (if recipient is
required to subuut one puxsuant to �8 C.FR Section 42.30Z), ihu is anproved by tSe Ofrice t'or Civi] Riehts, is a
rio7a[ion of its Cettified Assurances �d may result in suspension or ¢mtination of funding, unti] such nme u tne
recipient is in compliance.
3. T'oe recipient agrees to comp7y wi[h ihe o�n;�ational audit requuemecaats of OMB Circulaz A-133, Audits of Sfates,
Loca! Govemments, and Non-Profit Orguv�atioas, as fi¢ther describeA in ttre current edition of thc OIP Financia]
Gvide, Cf�apter 19.
� A. Pzior to the e�pcnc6tUre o{ confidenlial fimdt, the recipient and any sub:ecipirnts agree to s%gn a eertification
-- - - � indieatingtLat�Leorshe�has-rearl,-understands,andagreesmabide �-
� y � fvnd emendihues as set frrth in the OIP Financial Guide.
5. The recipient shall submit semiannual progess reports. Progess reports sha1S be submitted within 30 daysafter the
rnd of the reporiing periods, which sre 3une 30 znd December 31, for the 7ife of the award. Th:se mporrs will be
subatitted in an origina] and one copy, and mailed to [he same address indicated in the 3pecia7 Candition r e�dng
Financiai Repom. - "
6. Therecipient agrees to submit quarter7y fmancial renorts on Standard Frnm SF 2b9A. These reportc will be
submitted widvn 45 days afrer fhe end ot the calendar quartu, and a final report is due 720 days following the end o{
r ihe award period The reports shatl be submitted m the Qffice ofTusoce Pmgraint, Office of the Comptroller, Atm:
Controi Desk, Room 5303, 810 7th Street, N. W., Washingron, D.C. 2053I.
�. Approval af ihis award does not indicate approval of,any ronsuitant rate in excess of 5450 per day. A deEailed
}nstification must be submitted to and approved by the Office oflushce Programs (DSP) pro office pnor to
obIigalion or �penditure of such funds.
I
f � 9.
I
�' I D.
�
i
—� -' _ __
�
8. 27u Proiect Director and key,progrun personnel designated in the anplication sLall be reolaced only far conmelling
reasms and with the concuxrence of DJP. 07P will not unreasonably withhold concurrence. At7 successors to key
personne: mustbe approved and suc6 approval is coatingent upon submission of appropriate informauon; including,
but nnt lim�xed to, a resume. Changu in ather program personne7 require oniy norificatlon to OIP and subm�ssion of
resumes, imless othervrise desigrtated in the award document.
The recroient agrees to comnly with the I�'AC Task Force Progrun Standards u established by the tCAC Task
Forae Advisory Boazd and approved'oy OJJDP.
'Lhe recipient agcees [o fozward reports of ECAC Task Force Program I�ibnthiy P`rfrnmance Measures to the
07JDP-desigaared site.
o�r sox�t a000n_ (aEV ass}
05 135
�
� liS.D�.tRT4L-1.T0?N�G
O�IC OFS[7�C: dOGIU,US
_ i
� - - Office of Javem'[e i
3ustice mmd Delinquency �
- Prevenfion I
YAG=_ i � i
PROFCINUMHER 2000-MGC`=iC�3?
_ SPECIAL CONDlI70A�S
I I. The Office of Juvepile Justia and Deiinnuency PrevenROn nas elected to rnter into a Cooperafive 9m�eement rnther
. th� a,�anr witS the xecipirnt T'nis decision reflects ihe mutual interest of tne recipient and 07]DP in the operarion
of the projeet as well u the anacipaced tevel of Federi involvemene in tftis projeM. 037L1P's participatary role w che
projec[is az follows:
f. Review and anprove major wock p2ans, including cFanges to such p1ans, and kcy decisiom pertaining co projecc
' operatinns.
i
�
b. Aeview and anprove majorprojec[ genented doevmenu and xnatehals used in the provision of project services.
Rovide guidance in significamprojecc planning meetings, and participate m project sponsored ffainiRL events or
conferences. ,
AWARD CONTLRr(%ATIO�
SH�ET .
Coope:a�ve �sa
AWARDDnTc OSi1�/1003
I2. 'Ihe �a agrees to designate one policy andlor command level individtia] as the regional task force reoreseniative
to the ICAG Task Force Board I'his Desigialion must be in writing and forwarded eo OTJDP for review and
_..�.... -, _ _ ._ . . . . ____�_ ..._ . _ . _ _.._. ... . . . . _ _ .._._ . __. _.__
approval vrithin ninery days of awazd , "
i
i
1
1
I
n
a
OIP FOAM4000/2 (REV. 488)
�,-sl.o,T /� OC,-,r�5
Saint Paul Police ICAC Task Force
(Internet Crimes Against Children)
Policy Statement
Policy Purpose:
The purpose of this policy is to establish responsibilities and guidelines regarding the St. Paul
Police Departments response to reports of exploitation of children, and the possession and
distribution of child pornography using computers.
Policy Statement:
It shall be the policy of the St. Paul Police Department to adhere to strict guidelines with respect
to investigations of computer related child exploitation. The standards adopted pursuant to this
policy mirror those prescribed by Office of Juvenile Justice and Delinquency Preventions's
(OJJDP) Intemet Crimes Against Children (ICAC) Task Forces, and ensure compliance with
those protocols accepted by the Federal Bureau of Invesfigations (FBl), U.S. Customs, and the
U.S. Postal Inspector's Office.
Definitions:
A oroactive investi a� tion is designed to identify, investigate and prosecute offenders, which may
or may not involve a specific target, and requires online interaction and a significant degree of
pre-operative plamiing.
A reactive investi a� tion involves the investigation and prosecution of a known target(s), and
where the need to proceed with the investigation is urgent. It also includes a response within the
community or area of jurisdiction to a specific complain brought to the departrnents attention by
another law enfozcement agency, a reputable source of information such as the Cyber-Tipline at
the National Center for MissSng & Exploited Cluldren or a]arge Internet Service Provider. The
department must also respond to complaints made by citizens, schools, libraries, or businesses
wha laelieve illegal material has been iransmitCed or potentially dangerous situations, such as
child lure attempts have been communicated through the Internet.
The term 7nternet Crimes A�ainst Children (ICAC) includes both proactive and reactive
invesfigative activities as ouflined above.
An investigation is deemed to be urgent when there is a reasonable belief that the tatget presents
an imm;nent-threat#o the well being-of another person.
05-� 35
Procedures:
RTOrk space and Equipment
Tntemet Crlmes Against Children (ICAC) computers and softwaze shall be reserved for
the exciusive use by departrnent designated ICAC personnel. When possible, undercover
computers, sofiware, and online accounts shall be purchased aovertly. No personaily
owned equipment shall be used in ICAC investigations and a11 softwaze shall be properly
acquired and licensed.
All ICAC online investigations shati be conducted in government work space as
designated by the deparixnenf.
Care Predicarion and Prioritization
Cases may be initiated by referrais from the CyberTipline, Intemet Service Providers, or
other law enforcement agencies, and by information gathered through subjeet interviews,
documented public sources, direct observafions or suspicious behavior, public
complaints, or by any other source acceptable under current department policy.
ICAC Supervisors are responsible for detezmining investigative prioriries and selecting
cases for investigation. Assuming the information is deemed credible, that determination
should begin with an assessment of victim risk and then consider other factors such as
jurisdiction and known offender behavioral characteristics. The following prioritization
scale was established by the ICAC Task Force Review Board and will apply to the
assignxnent of cases within the department:
i.
2.
3.
4.
CQ
A child is at immediate risk of victimization;
A child is vulnerable to victunization by a known offender;
Known suspect is aggressively soliciting a child(ren);
Traders of images that appeaz to be home photography with domiciled children;
Aggressive, high voltune child pornography traders who either are commercial
disiributors, repeat offenders, or specialized in sadistic images;
Traders and solicitors involved in high-volume trafficking or belong to an
organized child pornography ring that operates as operates as a criminal
conspuacy;
?. T:zders in previously l�ow:1 i�ages;
8. Traders in digitally altered images.
Record Keeping
— IC�C investigaYive units shall be subject � tlie e�sting agency fuciderit reporting ptoce ure an� - `
case supervision systems. Investigators will obtain a case number at the outset of each case and
fully document their activities through the completion of initial ans supplemental reports.
Reports will be completed and reviewed by a supervisor in a timely fashion. Investigation and
05-135
case management activities wi11 occur in accordance with existing departmental policies and
procedures. Closeout reports with indicate the manner in which a case has been resolved wifn
copies forwazded to the prosecutor's office and(or the law enforcement agency continuing the
investigation when applicable.
Undercover Investigations
Carefully managed undercover operations conducted by well-trained ofEtcexs aze among the most
effective techniques auailable to law enforcement for addressing ICAC offenses. Undercover
operations, when executed and documented properly, collect vu•tually unassailable evidence
regarding a suspect's predilection to sexually exploit children. However, these investigations
can trigger serious legal and ethical considexations because of concern that inappropriate
government conduct map induce an othercvise innocent citizen into commithing a crime.
A11 investigations sha11 be conducted in a manner consistent with the principles of
due process. Task Force investigators shall avoid unlawful inducement of any
individual not otherwise disposed to commit the offenses being investigated, and
wi11 not engage in conduct that is shocking or offensive to notions of fundamental
fairness as described in applicable case law.
Officers should always be awaze that their actions, in addition to those of the
offender, may be at issue in deciding if charges are brought, whether refenals to
other law enfoxcement agencies aze acted upon, and in deteiniiniug the guilt or
innocence of the offender at trial. Therefare, it is critical that this task force work
ciosely with local prosecutors when investigating ICAC offenses.
Accordingly, the following minimum standards apply to undercover investigations
by the task force:
a) Only sworn on-duty ICAC Task Force personnel shall conduct ICAC
investigations in an undercover capacity. Private citizens shall not be asked to
seek out investigative targets nor shalJ they be authorized to act as police agents in
an online undercover capacity.
b) ICAC Task Force personnel shall not, under any circumstances, upload,
transmit, or forward pornographic or sexually explicit images.
c) Other than photographs of law enforcement o�cers who have provided their
informed written consent, no human images shail be uploaded, transmitted, or
forwarded by ICAC Task Force personnel.
d} Other than authorized above, images considered for uploading shall be
approved by the ICAC Task Force Project Director and reviewed by a local
prosecutor. Images uploaded for investigative purposes shall be nonhuman and
encrypted. Sexually suggestive titles shall not be used.
a5-/35
e) During online dialogue, undercover officers should aUow the investigative
target to set the tone, pace, and subj ect matter of the online conversation. Image
uploading shall be initiated by the target.
Evidence Procedures
All undercover online activity shail be recorded and documented. Any deviations from this
policy due to unusual circmnstauces, shail be documented in the relevant case fi1e and reviewed
by the ICAC Task Force Commander.
T`he storage, security, and destruction of investigative anformation shail be consistent with
agency policy. At a minunum, anformafion should be maintained in locked cabinets and
under the control of ICAC Task Force personnel. Access to these files should be
restricted to authorized personnel with a legitimate need to know.
Task Force supervisors should ensure that forensic exauunations of computers and related
evidence aze conducted by qualified personnel that have received speci£ic training in
computer forensics.
Information Sharing
Conventional boundaties aze virtually meaningless in the electronic world of the Internet and the
usual constraints of tisue, place, and distances lose their relevance. These factors increase the
possibility of ICAC Task Forces targeting one another, investigating the same subject, or
inadvertently disrupting an ongoing investigarion. To foster coordination, collaboration, and
communication, 0J3DP requires that each ICAC Task Force contribute basic case information to
a common database. Federal Guidelines have been established through the Depariment of
Justice's ICAC Task Force Information Sharing Working Group. The OJJDP Task Force
Review Board revaewed, modified, and adopted the below information sharing system and
procedures. The St. Paul Task Force will compl� with these guidelines.
Task Farce investigators shall contribute basic and case update information on all cases
(local, interstate, reactive and proactive) to the Case Deconfliction System maintained
through the Law Enforcement Data Exchange (LED�.
Basic case information shali inciude, but is not limited to:
2.
a)
b)
c)_
d}
e)
fl
g)
Submitting Task Force
Person submitting informarion
Telephone number for verification purposes
Date of submission
Brief synopsis of investigation
Offender screen name(s}
Identifiers (iJRL, FTP, Newsgroup, IP Address)
05-l3a�
h) Trne name of suspect (if known)
i) Other suspect information (if known)
j) Undercover o�cer screen name(s)
Case update informafion shall include, but is not limited to:
a) Submitring Tasic Force
b) Person submitting information
c) Telephone number for verification purposes
d) Date of submission
e) Date investigation initiated
fl Identity of subject(s) including address, date of birth, social security number,
address (when available)
g) Criminai proceedings (e.g_, arrest, indictment, seazch warrant, convicrion, eta)
h) Sentencing information (when available)
4. Each invesrigatoz working with the ICAC task force will sign up for access to LEDX via
their website. Information on how to gain access will be provided by the unit
commander.
Each investigator shall query LEDX once they have established an investigative interest.
For the purposes of the ICAC Task Force Program, an investigative interest is established
when there is reasonable suspicion that a crime has occurred or there is a reason to
believe that a screen name or other potenfially adentifiable entity has engaged in a
sequence of acfivifies that is likely to lead to the sexual ea�ploitation of a child.�Assuming
no other active investigations aze discovered and that reasonable suspicion is present to
initiate an investigation, the agency will submit case information to LEDX. Each Task
Fozce should submit this information within 24 hours of isritiating the case or as soon -
thereafter as possible.
6. If any duplicatiott is found, the iniliating invesfigator is responsible for contacting the
other law enforcement agency.
Additionally, initiating investigators should also contact fhe U.S. Customs Cyber
Smuggling Center (703-293-8005) to ensure there is no duplication with regard to their
ongoing investigations. 5imilazly, once an offender has been identified and associated
with a known address, contact should be made with �he U.S. Postal Inspector ;esponsible
for cluld sexual exploitation offenses where the offender resides.
05-/3 g
Supervision
E�sting departmental supervisory systems and procedures shall apply, with specific
emphasis on observation, documentation, and periodic evaluation of cases assigned to
undercover investigators. VTritten directives will reflect the principles of quality case
management and ensure that ICAC Task Force activities comply with both agency and
ICAC Task Force Standazds.
2. At a zuinimum, management or supervisory policies and practices shall include:
a) review of daily ICAC Task Force investigative reports;
b) periodic review of undercover session recordings;
c) direct participation in forsnulating ICAC Task Force investigative plans and
establishing investigative priorities;
d) development of work schedules including approval of specific overtime expenditures;
e) assessment of equipment and trainiug needs; and,
fl review and approval of any ICAC.Task Force fiscal matters.
Selection of ICAC Task Force Personnel
RThile e�tisting agency personnel procedures apply, managers and supervisozs should
evaluate prospective ICAC Task Force candidates for work history that indicates prior
investigative experience, court testimony skill, ability to handle sensitive information prudenfly,
and a genuine interest in the protection of children.
Task Force members should be computer literate, knowledgeable regazding child
exploitation issues, and be familiar with Federal and State statutory and case law pertaining to
ICAC investigations.
Prevention and Educafion Acfivities
Prevention education activities are a critical component of the St Paul Police ICAC Task
Force Progratn. Supervisors and investigators are expected to develop and lead prevention
programs to foster awareness and provide practical, relevant guidance to children, parents,
educatozs, librarians, and other individuals concemed about child safety issues. However, these
presentations shall not depict identifiable victims nor shall they use pornographic or sexually
explicit images. P:eser.Yers sha�l not discnss investigafive techniques.
Media Relations and Releases
Copies of inedia releases related to this initiative will be forwazded through the ICAC
- Unit Cotnmander to tlie Publi� Information for dissemination. �opies of r-adio or-video-
segments and press clippings will be used to promote and sustain public support for ICAC
activities and circulated wittun the Review Boazd.
Media releases relating to prosecufions, crime alerts or other matters concerning ICAC
Task Force operations shall not include information zegarding specific investigative techniques
b5-13 5
and should be coordinated (when applicable) with other Task Force participants, Federal law
enforcement agencies, and State and local agencies involved in the investigation consistent with
sound information management and media relarions pracrices. In each case, copies should be
provided to OJJDP in a timely manner.
�..� �; l �- OS-t 35
ICAC PROGRAM
OPERATIONAL
I
INVESTIGATIVE STANDARDS
�5-1�5
INDEX
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1
Case Management . . . . . . . . . . . . . . . . . . . . . . . . . Pages 2 — 6
A. Workspace and Equipment Page 2
B. Case Predication and Prioritization Page 3
C. Record Keeping Page 4
D. Undercover Investigations Page 5
E. Evidence Procedures Page 6
Information Sharing . . . . . . . . . . . . . . . . . . . . . . . Page 7
Supervision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 8
Selection of ICAC Task Force Personnel ....... Page 9
Community Education and Crime Prevention
Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 10
Media Relations and Releases . . . . . . . . . . . . . . . . Page 11
ICAC Program Operafional and Investigative Standards
OS-135
3/08/02
Definitions
As used herein, the following definition shall apply:
"0J7DP" is the Office of 7uvenile 7ustice and Delinquency Prevention.
"NCMEC" is the Nafional Center for Missing and Exploited Children.
"CEOS" is the Child Exploitation and Obscenity Section of the United States
Attorney's Office, of the Department of Justice.
"ICAC" is the Internet Crimes Against Children program composed of Regional
Task Forces and Satellites.
"REGIONAL TASK FORCE" is defined as an ICAC law enforcement agency
desi�ated by O7JDP to act as a Regional Task Force.
"SATELLITE" is defined as a law enforcement agency that was selected to
receive an OJJDP grant to establish a satellite program.
For the purposes of this program, crime is defined as any offense that anvolves the
expioitation of children facilitated by technology.
Investigative interest is established when there is reasonabie suspicion that a
screen name or other potentially identifiabie enrity has committed a crime or that
entity is engaged in a sequence of activities that is likely to result in the
commission of a crime.
A proactive investigation is designed to identify, investigate and prosecute
offenders, which may or may not involve a specific tazget, and requires online
interaction and a significant degree of pre-operative glanning.
A reactive investigation involves the investigation of a complaint of a crime.
Reasonable suspicion is established when sufficient facts e�st to lead a law
enforcement officer to believe that an individual or organization is involved in a
defmable crianinal acriviry.
ICAC Program Operational and Investigative Standards
-1-
05-135
Bffective Date:
3/08/02
5ubject: Workspace and Equi ment Page 1 of 1
Case Mana ement
A. Workspace and Equipment
l. ICAC computers and sofiwaze shall be reserved for the exclusive use
by agency designated ICAC personnel. When possibte, undercover
computers, software, and online accounts shall be purchased covertly.
No personally owned equipment shall be used in ICAC investigations
and all soflwaze shall be properly acquired and licensed.
2. ICAC personnel shall not use ICAC computers, software or online
accounts for personal use.
3. Absent exigent or unforeseen circumstauces, all ICAC online
investigations shall be conducted in government workspace as
designated by the agency. Exceptions must be approved in advance by
an ICAC supervisox.
ICAC Program Operational and Investigative Standards
-2-
05-I35
B. Case Predication and
Prioritization
1. Cases may be ini6ated by referrals from the CyberTipline, Internet
service providers, or other law enforcement agencies, and by
informarion gathered through subject interviews, documented public
sources, direct observations of suspicious behavior, public complaints,
or by any other source acceptable under agency policies.
2. ICAC supervisors are responsible for determining investigative
priorities and selecting cases for investigation. Assuming the
informarion is deemed credible, that deterxnination should begin with
an assessment of victim risk and then consider other factors such as
jurisdiction and known offender behavioral characteristics. The
following prioritization scale shall be considered:
a) A chiid is at uxunediate risk of victimization
b) A child is vulnerable to victimization by a known offender
c) A known suspect is aggressively soliciting a child(ren)
d) Manufacturers, distributors or possessars of images that appear
to be home photography with domiciled children
e) Aggressive, lugh-volume child pornography manufacturers or
distributors who either are commercial distributors, repeat
offenders, or specialize in sadistic unages
fl Manufacturers, distributors and solicitors involved in high-
volume trafficking or belong to an organized child pornography
ring that operates as a criminal conspiracy
g) Distributors, solicitors and possessars of images of clvld
pornography
h) Any other form of child victimization.
ICAC Program Operational and Investigatzve Standards
-3-
og-i3S
Effective Date:
3/08/02
Subject: Record Keepin P e 1 of 1
Case Mana ement
C. Record Keeping
1. ICAC units shall be subject to existing agency incident reporting
procedures and case supervision systems. At a minimuxn, a unique
identifier sha11 be assigned to each ICAC case.
2. Participating agencies will report program accomplishments using the
ICAC Monthly Performance Measures Report. This report is due to
the ICAC Coordinator on the 10�' of every month and does not replace
the semi-annual progress report required by the Office of Justice
Program's Financial Guide.
ICAC Program Operational and Investigative Standards
-4-
b5•Y33
D. Undercover Investigations
1. Carefully managed undercover operations conducted by we11-trained
officers are among the most effective techniques available to law
enforcement for addressing ICAC offenses. Undercover operations,
when executed and documented properly, collect virtually unassailable
evidence regarding a suspecYs predilection to exploit children.
2. Investigators will be supplied with appropriate training and receive a
copy of the ICAC Operational and Investigative Standards
3. ICAC investigations shall be conducted in a manner consistent with
the principles of law and due process. See, for example, Jacobson v.
U.S, 503 U.S. 540 (1492); U.S. v. A�'chet', 486 F:Ld (2" Cir1973);
U.S. v. Gamache 156 F. 3d 1(l Cir. 1998); U.S. v. Poehiman 217 F.
3d 692 (9�' Cir. 2000). ICAC investigators are encouraged to work in
con}unction with their local prosecutors.
4. The following minimum standards apply to ICAC investigations:
a) Only sworn, on-duty ICAC personnel shall conduct ICAC
investigations in an undercover capacity. Private citizens shall
not be asked to seek out investigative targets, nor shall they be
authorized to act as police agents in an online undercover
capacity.
b) ICAC personnel shall not, electronically upload, transmit, or
forwazd pornographic or sexually expficit images.
c) Other than photographs af law enforcement officers who haue
provided their informed written consent, no actual human images
shall be uploaded, transmitted, or forwazded by ICAC personnel.
d) During oniine dialogue, undercover officers should a11ow the
investigative target to set the tone, pace, and subject matter of the
online conversation. Image transfer shall be initiated by the
target.
ICAC Program Operational and Investigative Standards
��
05-135
e) Undercover online activity sha11 be recorded and documented.
Anp departures from this policy due to unusual circumstances
shall be documented in the relevant case file and reviewed by an
ICAC supervisor.
E. Evidence Procedures
1. The storage, security, and destruction of investigative information
sha11 be consistent with agency policy. Access to these files should
be restricted to authorized personnel.
2. ICAC supervisors should ensure that qualified personnei conduct
forensic
exasninations of computers and related evidence.
a Chi1d pornography is contraband and should be maintained
pursuant to each agency's policies regarding such. Absent a court
order specifically ordering otherwise, evidence containing child
pornography shall not be released to any defendant or
representative thereof.
b. When providing evidence containing child pornography to another
law enforcement agency, such evidence must be hand-delivered,
digitally protected or sent via a delivery service which tracks the
slupment.
ICAC Program Operational and Iravestigative Standards
�
D5-� 3 �
Effective Date:
3lQ8/02
Subject: Page 1 of 1
Information Sharin
Conventional boundaries aze vn meaningless in the electronic world of
the Intemet and the usual constraints of time, place, and distance lose their
relevance. These factors increase the possibility of ICAC agencies targeting
one another, investigating the same subject, or inadvertently disrupdng an
ongoing investigation. To foster coordination, collaboration, and
communicarion, each ICAC agency must contribute basic case information to
a common database.
2. Each ICAC agency shall contribute case information on all active
invesfigations (local, interstate, reactive and proactive) to a common database
as designated by the ICAC Boazd of Airectors. This information should be
submitted at the eariiest practical opportuniry.
3. If any common target is identified, the initiating ICAC agency is responsible
for contacting the other law enforcement agency targeting the suspect.
4: Initiating ICAC agencies should also consider contacting other local, state,
and federal agencies which may be involved in sixnilar invesfigations.
ICAC Program Operational and Investigative Standards
7-
05- ! 35
Effective Date:
3i08/02
Subject: Pa e 1 of 1
Su ervision
Each ICAC agency shall have supervisory systems and procedures, which
shall provide for observation, documentation, and periodic review of ICAC
activiry. Such system should comply with the principles of quality case
management and ensure that ICAC activifies comply with both agency and
ICAC Standards.
2. ICAC agencies may submit any proposed operations to the Board for review.
To assist the Board in its review, the proposals sha11 be submitted to the Board
Coordinator at least 21 days in advance of the next regularly scheduled
meeting. Proposals should be submitted using the following format and
include the following information:
a) goals and objectives of the operation;
b) personnel assigned and/or responsible for investigation;
c} duration of operation, i.e., projected start and stop dates;
d) offenses targeted for investigation;
e) invesrigative targets and limitation on govemment contact;
fl operation scenario and techniques (language for contact letters and
advertisements must be included with proposai);
g) liaison and/or case refenal procedures with Federal law enforcement
agencies (include the names of Federal agents when known) and;
h) other relevant information
The Board, at its discretion, may suggest amendments to the original proposal
following consulta6on with the presenting agency. Norice of the results of the
review of investigative proposals from sateliites will be communicated to the
satellite representatives by the Board Chair.
4. The ICAC submitting the proposal for review may seek the support of the
Board.
Program Operational and Investigative Standards
-&-
� 5-J 35
Effective Date:
3/08102
Sub'ect: P e 1 of 1
Selection of ICAC Task Force Personnel
Managers and supervisors should evaluate prospective ICAC candidates for work
history that indicates prior investigarive experience, court testnnony skills, ability to
handle sensitive informarion prudently, and a genuine interest in the protection of
children.
ICAC Program Operational and Investigative Standards
�l'�
OS-135
1. Prevention education activities are a critical component of the OJJDP ICAC
Program. ICAC agencies should foster awazeness and provide practical,
relevant guidance to children, parents, educators, librarians, and other
individuals concerned about child safery issues.
2. Presentations to school staff, puents, and community groups aze excellent
ways to promote awazeness. These presentations shail not depict identifiable
victims, not otherwise in the public domain; nor shall they use pornographic
or sexually explicit images. Presenters shall not discuss confidential
investigafive techniques.
3. No member of an ICAC Task Force may endorse any product or service
without the express consent of an OJJDP Program Manager. GVhile appearing
at public presentations, ICAC members may indicate a preference for a
product or service, but to avoid an implicit endorsement, such ICAC members
should indicate adequate alternatives.
ICAC Program Operationad and Investigative Standards
-10-
d5-! 35
Effective Date:
3f08l02
Sub'ect: Page 1 of 1
Media Relations and Releases
Media releases relating to prosecutions, crime alerts or other matters concerning
ICAC operations shall not include information regarding confidential investigative
techniques and should be coordinated (when applicable) with other Task Force
participants, Federal law enforcement agencies, and State and local agencies involved
in the investigation consistent with sound information management and media
relations practices.
ICAC Program Operational and Investigative Standards
-11-