05-843council File #
Green Sheet #
Presented By:
RESOLUTION
[ O�PAUL, MINNESOTA
�
Cf' ' `b'�3
3027688
1`�1
Referred To:
Police
1 RESOLVED, that the City of St. Paul, Police Department, is authorized to enter into the attached
2 agreement with the Clearwater County Sheriffs Department for participafion in the Internet Crimes
3 Against Children Task Force. A copy of said agreement is to be kept on file in the Office of
4 Financial Services.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Adopted by Council:Date: ��m� �Z{, c��Q�
Adop
�
Appr
By:
�
Committee:Date:
A�jp�oval Recommended Hy Financial Services:
v
By: �
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
nc m ►�L
DepartmeMloffice/council: Date Initiated: V� �,
PD — PoliceDepazm��t ,aa��-o5 Green Sheet NO: 3027688
� Contac[ Person & Phone- DeoartmeM Sent To Person InitiaVDate
Chief John Harrington � 0 oli e De rtment P lice De artment
2665588 q�� 1 olice De artment De ardnent Director
Must Be on Council Agenda by (Date): Number Z �nanci 1 rvi es Financial Services �
Pof 3 i Attorne Ci Attome
Routing
O�der 4 a or's �ce a or
5 ouncil Council
6 i lerk e k
� 7 oiice De artment Police De artmen[
7ota! # of Signatore Pages _(Clip NI Locations for Segnatwe)
Action Requested: �
Approval of the attached council resolution authorizing a memorandum of understanding with the Clearwater Counry Sheriffs
Department to actively participate with the Internet Crimes Against Children (ICAC) Task Force of the St. Paul Police Department
under a grant from the U.S. Departrnent of Justice.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Pollowing Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/frm possess a skill not normally possessed by any
current ciry employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportuniry (Who, What, When, Where, Why):
The ICAC Task Force mission is to work as a mul6-jurisdictional operadon that investigates crimes involving child pomography,
exploitation of cluldren onhne, educates law enforcement on invesrigative techniques/legal issues involving seazch warrants and
seizure of evidence, and develops/institutes a public awazeness program to help pazems and children have posirive experiences online.
The attached agreement is required for the Clearwater Couniy Sheriffs Department to participate in the IC �
Advantages If Approved: �
Approval of this agreement will asswe that the task force is operating per the Office of Juvenile Justice and Delinquency Prevention
(OJJDP) guidelines that set uniform operarional standards for participating agencies. —
/a �� , � , � 1 Re:�Q��^ . ..n� cr
Disadvantages If Approved: vVtn r��
None.
SEP 0 7 2Q05
Disadvantages If Not Approved:
The work of the ICAC Task Force will be substantially hindered as work with other agencies is an integral part of the original grant
application.
Total Amount of O CosURevenue Budgeted:
Transaction:
Funainqsource: FederalGrant ActivityNumber. 34056 ��ro n 1�oOc
t� ll J
Financial )ntormation: ` �{ 'q° �$
(Explain) �1� [ AT E 0�� �7 ��
c�- $y3
Minnesota Internet Crimes Against Children Task Force
Multi-Agency Law Enforcement Agreement
This Multi-Agency Law Enforcement Agreement, and amendments and supplements
thereto, (hereinafter "AgreemenP') is between the City of Saint Paul, acting through its Police
Department (Grantee) and Clearwater County, Miunesota, acting through its Sheriffs
Department, 213 Main Avenue North, Bagley, MN 56621 (hereinafter "Undersigned Law
Enforcement Agency") both which aze empowered to enter into joint powers agreements
pursuant to Minn. Stat. § 471.59, Subd. 10 & 12, and is fiuther empowered to enter into this
Agreement by Mimi. Stat. § 626.76; and
Wheceas, the above subscribed parties have joined together in a multi-agency task force
intended to invesfigate and prosecute crnnes 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 violatozs, as appropriate; and
WheTeas, the Grantee is the recipient of a federal grant (attached to this Agreement as Exhibit
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
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 resuit of such investigarions; and
Whereas, the OJJDP Internet Crimes Against Children ("ICAC") 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.
Now Therefore, the parties agree as follows:
1. The Undersigned Law Enforcement Agency approves, authorizes, and enters
into this Joint Powers Agreement with the purpose of implementing a three-
pronged approach to combat Internet Crimes Against Children: prevention,
education and enforcement; and
z. The Undersigned Law Enforcement Agency sha11 adhere to the OJJDP
ICAC Task Force Program Standards, in addition to state federal laws, when
conducting undercover operations relative to ICAC; and
3. The Undersigned Law Enforcement Agency shall adhere to the Minnesota
ICAC Task Force Policy Statement (attached to this Agreement as E�ibit
B); and
4. All officers contributed by the Undersigned Law Enforcement Agency to the
Minnesota ICAC Task Force sha11 be licensed peace officers or found by the
Minnesota Board of Peace Officer Standards and Training to have
comparable qualifications; and
(����3
s. When a contributed officer of the Undersigned Law Enforcement 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
6. The Undersigned Law Enforcement Agency shall indemnify, save and hold
harmless the Grantee, its representatives and employees from any and all
claims or causes of action, including all reasonable attorney's fees incurred
by the Grantee, arising from the performance of this Agreement by the
Undersigned Law Enforcement Agency's officer/s/; and
All members of the Undersigned Law Enforcement Agency shall continue to
be employed by the same Law Enforcement Agency employer 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
a. The Undersigned Law Enfarcement Agency shall submit all requests far
undercover ICAC related operations in writing to the Commander of the
Minnesota ICAC Task Force for presentation to the OJJDP ICAC Task
Force Board of Directors; and
9. The Undersigned Law Enforcement 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
to. The Undersigned Law Enforcement Agency must supply original receipts to
2
Qrj-�6�3
be reimbursed on pre-approved requests; and
i i. The Undersigned Law Enforcement 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 statistical reporting purposes; and
iz. The Undersigned Law Enforcement Agency sha11 participate fully in any
audits required by the OJJDP; and
is. The Undersigned Law Enforcement 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 multipie entities; and
ia. The Undersigned Law Enforcement Agency shall be solely responsible for
forwarding information relative to investigative targets to the Child
Pornography Pointer System (CPPS) pursuant to the OJJDP guidelines; and
ts. The Undersigned Law Enforcement Agency shall provide 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 federal funding is no longer a�ailable, the Agency
decides to dissolve its binding relationship with the Minnesota ICAC Task
Force and the Saint Paul Police Department, or the Agency breaches the
Agreement.
(:7�'`6`-�3
Terms of this agreement:
This agreement shall be effective upon signatures. Nothing in this agreement shall othersvise
limit the jurisdiction, powers, and responsibilities normally possessed by an employee as a
member of the Agency.
John M. Harrington, Chief of Police
Saint Paul Police Department
, /I
,
BVandTltle Dennis D. T�andem, Sheriff
AgencX Clearwater County Sheriff's Office
A�encvi certifies that the appropriate person(sl
have executed the Aareement on behalf of the
A¢ency and its jurisdictional �overnment entity
as required bv aunlicable articles laws,
bv-laws resolutions, or ordinances.
City Attorney
Director, Financial Services
Date
'7 — I `3 —as
Date
Date
Date
Date
0
�x1�, A
ICAC PROCRAM
OPERATIONAL
. ��
05'`6`�3
INVESTIGATIVE STANDARDS
�
�
��v��x
Defmitions ...............................Pagel
Case Management . . . . . . . . . . . . . . . . . . . . . . . . . Pages 2 — 6
A. Workspace and Equipment Page 2
;3. Case P;edication 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 Operational and Imestigative Standards
Q�j- $`�3
���3
Effective Date:
1 of 1
Definitions
As used herein, the foliowing definition shall apply:
"OJJDP" is the Office of 7uvenile Justice and Delinquency Prevention.
"NCMEC" is the National 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
designated by OJJDP 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 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 entity has committed a crime or that
entity is engaged in a sequence of activities that is likely to result in the
commission of a cxime.
A proactive investigation 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 investigation involves the investigation of a complaint of a crime.
Reasonable suspicion is estabiished when sufficient facts exist to lead a law
enforcement officer to believe that an individual or organization is involved in a
definable criminal activity.
ICAC Program Operational and Investigative Standards
-1-
OS•�6y3
A. Workspace and Equipment
ICAC computers and sofiware shall be reserved for the exclusive use
by agency designated ICAC personnel. When possible, undercover
computers, softwaze, and online accounts 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 personnel sha11 not use ICAC computers, software or online
accounts for personal use.
Absent exigent or unforeseen circumstances, all ICAC online
investigations shall be conducted in govemment workspace as
designated by the agency. Exceptions must be approved in advance by
an ICAC supervisor.
ICAC Program Operational and Investigative Standards
-Z-
�5 �3
B. Case �redication an�.
Prioritization
Cases may be initiated by referrals from the CyberTipline, Internet
service providers, or other law enforcement agencies, and by
information 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
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 chuacteristics. The
following prioritization scale shall be considered:
a) A child is at immediate risk of victimization
b) A child is wlnerable to victimization by a known offender
c) A known suspect is aggressively soliciting a child(ren)
d) Manufacturers, distributors or possessors of images that appeaz
to be home photography with domiciled children
e) Aggressive, high-volume child pomography manufacturers or
distributors who either are commercial distributors, repeat
offenders, or specialize in sadistic images
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} Dist� solicitors and possessors cf images of child
pornography
h) Any other form of child victimization.
ICAC Program Operational and Investigative Standards
-3-
(�j-�y3
C. Record Keeping
1. ICAC units shall be subject to exisfing agency incident reporting
procedures and case supervision systems. At a minimum, a unique
identifier shall 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 Operationad and Investigative Standards
-4-
� ��3
Effective Date:
3/08/02
Subject: Undercover Investigations Pa e 1 of 1
Case Mana ement
D. Undercaver Investigations
l. Cazefully managed undercover 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 properly, collect virtually unassailable
evidence regarding a suspecY s 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. >40 (1992); US. v. Archer, 486 F.2d (2" Cir.1973);
U.S. v. Gamache 156 F. 3d 1(1 Cir. 1998); U.S. v. Poehlman 217 F.
3d 692 (9�' Cir. 2000). ICAC investigators are encouraged to work in
conjunction with their local prosecutors.
4. The following minimum standards apply to ICAC investigations:
a) Only sworn, on-duty ICAC personnel sha11 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
forward pornographic ar sexually explicit images.
c) Other than photographs o� law enforcement officers who have
provided their informed written consent, no actual human images
shall be uploaded, transmitted, or forwarded by ICAC personnel.
d) During online dialogue, undercover o�cers should altow the
invesfigative 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
-5-
�5-�y3
e) Undercover online activity shali be recorded and documented.
Any departures from this policy due to unusual circumstances
shall be documented in the relevant case file and reviewed by an
ICAC supervisor.
3/08/02
Date:
Evidence Prc
C3Se
E. Evidence Procedures
1 of
1. The storage, security, and destruction 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 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 he hand-delivered,
digitally protected or sent via a delivery service which tracks the
shipment.
ICAC Program Operational and Investigative Standards
-6-
(�'`6`�3
Effective
3/08/02
1 of 1
Information S
1. 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 the possibility of ICAC agencies targeting
one another, investigating the same subject, or inadvertendy disrupting an
ongoing investigation. To foster coordination, collaboration, and
communicadon, each ICAC agency must contribute basic case information to
a common database.
2. Each ICAC agency shall contribute case information on all active
investigations (local, interstate, reactive and proactive) to a common database
as designated by the ICAC Boazd of Directors. This information should be
submitted at the earliest practical opportunity.
3. If any common target is identified, the initiating TCAC 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 f deral agencies which may be involved in similar investigations.
ICAC Program Operational and Investigative Standards
-7-
a5-��3
1. Each ICAC agency shall haue supervisory systems and procedures, which
shall provide for observation, documentation, and periodic review of ICAC
activity. Such system should comply with the principles of quality case
management and ensure that ICAC activities comply with both agency and
ICAC Standazds.
2. ICAC agencies may submit any proposed operations to the Board for review.
To assist the Boazd in its review, the proposals shall 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 tazgeted 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 proposal);
g) liaison and/or case refenal procedures with Federal law enforcer�ent
agencies (include the names of Federal agents when known) and;
h) other relevant information
3. The Board, at its discretion, may suggesi amendments to the original proposal
following consultation with the presenting agency. Notice 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 the
Boazd.
ICAC Program Operational and Investigative Standards
�
Cfj �643
3/08/02
Date:
i �Pagelof 1
Selecfion ot ICAC Task Force Personnel
Managers and supervisors should evaluate prospective ICAC candidates for work
history that indicates prior investigative experience, court testnnony skilis, ability to
handle sensitive information prudently, and a genuine interest in the protection of
children.
ICAC Program Operattonal and Investigative Standards
�
d`j-$�t3
9/27/02
Date:
' � Yage 1 of 1
Education and �rime Prevention Activities
1. Prevention education activities are a critical component of the OJ7DP ICAC
Program. ICAC agencies should foster awareness and provide practical,
relevant guidance to children, pazents, educators, librarians, and other
individuals concerned about child safety issues.
2. Presentations to school staff, parents, and community groups are excellent
ways to promote awareness. These presentations shali not depict identifiable
victims, not otherwise in the public 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. While appearing
at public presentations, ICAC members may indicate a preference for a
product or service, but to avoid an implicit endorsement, such ICAC members
shonld indicate adequate alternatives.
ICAC Program Operational and Investigative
�Il�
3/08/02
Date:
Media Relations and Releases
1 of 1
Media releases relating to prosecutions, crime alerts or other matters concerning
ICAC operations shall not include information regazding 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
G`�-56y3
-11-
C x l� � �: -t ('�
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 regazding the St. Paul
Police Departments response to reports of exploitation of children, and the possession and
distribufion 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 O�ce of Juvenile Justice and Delinquency Preventions's
(O7JDP) Internet Criznes Against Chiidren (ICAC) Task Forces, and ensure compliance with
those protocols accepted by the Federal Bureau of Investigations (FBI), U.S. Customs, and the
U.S. Postal Inspector's Office.
Definitions:
C�j
A proactive investi ag 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
pr�operative planning.
A reactive investi aQ 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 departments attention by
another law enforcement agency, a reputable source of information such as the Cyber-Tipline at
the National Center for Missing & Exploited Children or a large Internet Service Provider. The
department must also respond to complaints made by citizens, schools, librazies, or businesses
who believe illegal material has been transmitted ar potentially dangerous situations, such as
child lure attempts have been communicated through the Internet.
The term Internet Crimes Aeainst Children (ICAC) includes both proactive and reactive
investigative activities as ouflined above.
An investigation is deemed to be urgent when there is a reasonable belief that the tazget presents
an imminent threat to the well being of ariother person.
C�5-�13
Procedures:
Work space and Equipment
Intemet Crimes Against Children (ICAC) computers and softwaze shall be reserved for
the exclusive use by depaztment designated ICAC personnel. When possible, undercover
computers, softwaze, and online accounts shall be purchased covertly. No personally
owned equipment shall be used in ICAC investigations and all software shall be properly
acquired and licensed.
All ICAC online investigations shall be conducted in govemment work space as
designated by the department.
Care Predication and Prioritization
Cases may be initiated by referrals from the CyberTipline, Internet Service Providers, or
other law enforcement agencies, and by information gathered through subject interviews,
documented public sources, direct observations or suspicious behavior, public
complaints, ar by any other source acceptable under current department policy.
ICAC Supervisars are responsible for determining investigative priorities and selecting
cases for invesfigation. 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 chazacteristics. The following prioritization
scale was established by the ICAC Task Force Review Boazd and will apply to the
assignment of cases within the department:
1. A child is at immediate risk of victimization;
2. A child is vulnerable to victimization by a known offender;
3. Known suspect is aggressively soliciting a child(ren);
4. Traders of images that appear to be home photography with domiciled children;
5. Aggressive, high volume child pornography traders who either aze commercial
distributors, repeat offenders, or specialized in sadistic images;
6. . Traders and solicitors involved in high-volume trafficking or belong to an
organized child pomography ring that operates as operates as a criminal
conspiracy;
7. Traders in previously known images;
8. Traders in digitally altered images.
Record Keeping
ICAC investigative units shall be subject to the existing agency incident reporting procedure and
case supervision systems. Investigators will obtain a case number at the outset of each case and
fuily document their activities through the completion of initial ans supplemental reports.
Reports will be completed and reviewed by a supervisor in a timely fashion. Investigafion and
45-4Sy�
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 with
copies forwarded to the prosecutor's office and/or the law enforcement agency continuing the
investigation when applicable.
UndercoverInvestigations
Cazefully managed undercover operations conducted by well-trained officers aze among the most
effective techniques auailable to law enforcement for addressing ICAC offenses. Undercover
operations, when executed and documented properly, collect virtually unassailable evidence
regarding a suspecYs predilection to sexually exploit children. However, these investigafions
can trigger serious legal and ethical considerations because of concern that inappropriate
government conduct may induce an otherwise innocent citizen into committing a crime.
All investigations shall 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
will not engage in conduct that is shocking or offensive to notions of fundamental
fairness 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 are brought, whether referrals to
other law enforcement agencies aze acted upon, and in determining the guilt or
innocence of the offender at trial. Therefore, it is critical that this task force work
closely 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 sha11 they be authorized to act as police agents in
an online undercover capaciiy.
b) ICAC Task Force personnel shall not, under any circumstances, upload,
transmit, or forwazd pornographic or sexually explicit images.
c) Other than photographs of law enforcement officers who have provided their
informed written consent, no human images shali 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 invesfigative purposes shali be nonhuman and
encrypted. Sexually suggestive tides shall not be used.
05 -�'.l3
e) During online dialugue, undercover officers should allow the investigative
target to set the tone pace, and subject matter of the online conversation. Image
uploading shall be initiated by the target.
Evidence Procedures
Ali undercover online activity shall be recorded and documented. Any deviafions 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 policy. At a minimum, informa$on shonld 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 legi6mate need to know.
Task Force supervisors should ensure that forensic examinarions of computers and related
evidence aze conducted by qualified personnel that have received specific training in
computer forensics.
Information Sharing
Conventional boundaries are virtually meaningless in the 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 invesrigation. To foster coordination, collaboration, and
communication, O7JDP requires that each ICAC Task Force contribute basic case information to
a common database. Federal Guidelines have been established through the Department of
Jus6ce's TCAC Task Force Information Shazing Working Group. The OJJDP Task Force
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 (LEDX).
Basic case information shall include, but is not limited to:
a) Submitting Task Force
b) Person submitting information
c) Telephone number for verification purposes
d) Date of submission
e) Brief synopsis of investigation
fl Offender screen name(s)
g) Identifiers (URL, FTP, Newsgroup, IP Address)
�j-���
h) True name of suspect (if known)
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 Task Force
b) Person submitting information
c) Telephone number for verificaflon purposes
d) Date of submission
e) Date investigation initiated
� Identity of subject(s) including address, date of birth, social security number,
address (when available)
g) Criminal proceedings (e.g., arrest, indichnent, search 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
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 potentially identifiable entity has engaged in a
sequence of activities that is likely to lead to the sexual exploitation of a child.`-:Assuming
no other active investiga6ons 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 duplication is found, the initiaung investigator is responsible for contacting the
other law enforcement agency.
7. Additionally, initiating investigatars should also contact the U.S. Customs Cyber
Smuggling Center (703-293-8005) to ensure there is no duplication with regard to their
ongoing investigations. Similarly, once an offender has been identified and associated
with a known address, contact should be made with the U.S. Postal Inspector responsible
for child sexual exploitation offenses where the offender resides.
���3
Supervision
Existing departmental supervisory systems and procedures shall apply, with specific
emphasis on observation, documentation, and periodic evaluation of cases assigned to
undercover investigators. Written directives will reflect the principles of quality case
management and ensure that ICAC Task Force activities comply with both agency and
ICAC Task Farce Standazds.
2. At a minunum, 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 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.
Selection of ICAC Task Force Personnel
While existing agency personnel pmcedures apply, managers and supervisors should
evaluate prospective ICAC Task Force candidates for wark history that indicates prior
investigative experience, court testimony skill, ability to handle sensitive information prudently,
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 Education Activities
Prevention education activities are a critical component of the St Paul Police ICAC Task
Force Program. Supervisors and investigators aze expected to develop and lead prevention
programs to foster awareness and provide practical, relevant guidance to children, parents,
educators, librarians, and other individuals concerned about child safety issues. However, these
presentations shall not depict identifiable victims nor shall they use pornographic or sexually
explicit images. Presenters shall not discuss investigative techniques.
Media Relations and Releases
Copies of inedia releases related to this initiative wiil be forwazded through the ICAC
Unit Commander to the Public Information Office for dissemination. Copies of radio or video
segments and press clippings will be used to promote and sustain public support for ICAC
activities and circulated within the Review Board.
Media releases relating to prosecutions, crime alerts or other matters conceming ICAC
Task Force operations shall not include information regazding specific investigative techniques