06-641Council File #
RESOLUTION
OF SA�IT PAUL, NIINNESOTA
Presented By:
Green Sheet #
Referred To: Committee:Date:
o���
3031046
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1 RESOLVED, that the City of Saint Paul, Police Department, is authorized to enter into the attached
2 Memorandum of Understanding with the Minnesota Cyber Crime Task Force (Minneapolis, MN)
3 for participation in FBUMinnesota Cyber Crimes Task Force. A copy of said agreement is to be kept
4 on file and on record in the Office of �nancial Services
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Yeas Nays Absent Requested by Department of: /
Benanav r/
Bostrom �/
Hanis �/
Thune
Adopted by Council: Date:
Adopfion �
By:
Approved
By:
Secretary:
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Approv� yor for Submission to Council:
By:
Q:\Fiscal W O&CR�2006\MNCyberCrimesTaSkFOrcePOliceDept.cc2006.x1s
� Green Sheet Green Sheet
Green Sheet Green Sheet Green Sheet Green Sheet
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Departmentlofficelcouncil: Date Inkiated:
p[} — PoliceDeparmi�t ,�,u�-06 Green Sheet NO: 3031046
ConWct Person 8 Phone:
Deuartme'H SentTOPerson InitiaUDate
ChiefJohn Harrington 0 ice e arhnent P li De arhnen
266-5800 Assign 1 oliceDe rtnent De arenen Director �
Must Be On CounCil qqenda by (Date): NUmber Z � A ornev � Attorne
Fof 3 or's Office Ma or/ sistant
Routing
Order 4 unc Council
5 ' C erk Ci C7erk
- 6 iice ent PoliceD a em
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Signatures on the attached council resolution authorizing the City of Saint Paul, Police Departinent, to enter into the attached
Memorandum of Understanding (MOLn with the Minnesota Cyber Crimes Task Force (MCCTF).
Recommendations: Apqrove (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions:
Planning Commission �, Has this person/firm ever worked under a conVact for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this persoNfirm ever been a city employee?
Yes No
, 3. Does this person/firm possess a skill not normally possessed by any
curt�nt city employee?
Yes Na
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The Ciry of Saint Paul, Police Deparkment, will participate in the MCCT'F. The MCCTF mission is to invesrigate and apprehend
technologically advanced criminals and to protect our communities by preventing technologically advanced crime and national security
Uueats involving computers and computer networks. For more information regazding this council resolu6on pfease give Cdr Neil
Nelson a call at 651-266-5882.
AdvantageslfApproved:
Oppommity to partnersMp with outside agencies fo investigate and apprehend technologically advanced crimii�als.
DisadvantageslfApproved: �
IQone.
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Disadvantages If Not Approved: - �, � %
I.ost opportnnity to parmership with outside agencies to combat technologically �dVasLCe� cnminals to protect our communities and
prevent national security threats involving computers and computer nerivorks. r :`� "� - �� l
r 7
Total Amount of CosC/Revenue Budgeted: � �'
Transaction:
Fundinq Source: Activiry Number:
Financiat Ynformation: �S ��SL�iCsl ���iLi J�� tZ � �Q�s
(Explain)
JllL 0 5 2a�6 � ���� � � ��
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MIlVNESOTA CYBER CRIlVIE TASK FORCE
IvIEMORA.NDUM OF UNDERSTAIVDING/
30INT POR'ERS AGREEMENT
A. PARTIES. This Meriorandum of Understanding (MOi� is entered into by the follow�ng
"Participating Agencies":
1. Rederal Eureau of Investigafion (FB� {AuThorized pwsuant to 28 USC 533, 534; 28 C.F.R. § �.85)
2. Bureau of Criminai Apprehension
3. Minnesota Internet Crimes Against Children Task Force
4. Saint Paul Police Department
5. icamsey County Sheriff's Office
6. Minneapolis Police Department
7. Hennepin County Sheriff's Office
�. pL?�.p�5E. This rd�U delinea:es Lhe :esponsibilities and cc��i�eats of tY:e
Participating Agencies in the Minnesota Cyber Crune Task Force (MCCTF), Minneapolis,
Miiuzesota. The MOU also outlines the mission and procedures for the MCCTF, which aze
described in greater detail in the Standard Operating Procedures (SOP) utilized by the
i�Ci Tr.
C. MTSSION. The mission of the MCCTF is to investigate and apprehend technologically
advanced criminals and to protect our communities by preventing technologically advanced
crime and national security threats involving computers and computer networks. The
MCCTF is established on the premise that the capabilities of law enfarcement agencies to
investigate computer and high teehnology related crimes are enhanced in a task force
setting involving the sharing of resources and expertise. The MCCTF will utiliZe its
speciatized resources to investigate,"and to prevenY when possible, criminal cases and
national security threats when: (1) Computers and othertechnologies are the target of a
crime; (2) computers and other technologies aze the principal instrumentality of a crime; or,
(3) computers and other technologies aze misused to facilitate violations of other criminal
laws or threats to the national security and a specialized understanding of technology is
required for investigation or prosecution.
D. INVESTIGATIVE EXCLUSIVITY. Matters designated to be handled by the MCCTF
�,;il r�r�t 1_c_T!owingly be sti?b;ect to sepazate ��o=. ir.dependent o��+side !a<u e:iforce.^_ler.±
efforts by any of the participating or referring agencies. Eaeh Participating Agency shall
make proper internaI notification regarding the MCCT'F's existence and areas of
investigation.
E. PROSEC�3TIONS. Investigatiens which occur within the MCCTF wi11 be hraught before
the United States Attomey's Office (LTSAO) for appronriate prosecution. If the USAO, in
OtLcial Law Enforcement Use Only Standard Cyber Crime Task Force MOU Qune 2004)
This document contains neither recommendations nor conclusions of the FBL This document is the property of the
FBI ¢nd is loaned to your agency; it and its contents are not tn be dutributed outside your agency.
V �Y / `� ( I
conjunction with the FBI and the USSS, determine that a Federa.l prosecution is
unwarrauted with respect to a paYcicuiaz invesugative matter, an alternative forum may be
considered. This determination shall be based on the evidence obtained and a
consideration of which method of prosecution will result in the greatest benefit to the
overall objectives of the MCCTF and the community.
F. DOCLJMENTS AND AiT'd'HORIITES INCORPORATED �Y REFERENCE. The
Participating Agencies agree to abide by the separate document titled "Cyber Crime
Task Force Standard Operating Procedures." The MCCT'T SOP, as updated from
time to time, is fully incorporated by reference into this MOU.
G. ADMIIVISTRATIVE RESPONSIBILITIES
1. Shzred Responsibilities: All participants of the �✓ICCTF aclaiowiedge tt��at flus is a
joint operation with all Participating Agencies acting towazds a common goa1.
Accordingly, the mission and objectives of the MCCTF will be a shazed
responsibility of the Participating Agencies.
2. Lead A encies: The FBI and USSS are the lead agencies for the MCCTF and agree
to overall management responsibilities for the task force, including but not limited to
record keeping and daily responsibility for personnel work assignments and
inqectigati�� �n2tt�rg. ArLv N(('C'"T'F yni�ect_ia :eci�Pg �yhi�h �an�nt h� riP�i�,le`1 hJ�
the lead agencies, will be decided by the USAO.
3. FBI/CTSSS Prot?ram Mana¢ers: The daily operational conlrol, management,
supervision of, and responsibility for operations of the MCCTF shall be vested in an
FBI and USSS Program Managexs. The FBWSSS Program Managers shall be a
swom law enforcement o�cer (an FBWSSS Special Agent or Supervisory Special
Agent) assigned by his/�er respective FBI/USSS Field Qffice to the MCCTF. The
term of office of the FBWSSS Program Manager generally shall be a minimum of
one (1} yeaz, full-time, to commence upon appointment.
H. PERSONNEL
L Membership: The MCCTF shall consist of a combined body of investigators and
support personnel from the Participaring Agencies.
2. No Emplovment bv the MCCTF: The MCCTF does not direcdy or indirectly employ
any personnel assigned to it. The MCCTF is established for the coordination of
applicable investigations and does not establish employer-employee relationships
with the personnel assigned to the MCCTF from the Participating Agencies.
3. Res�onsibilit�for Conduct: Personnel assigned-to the MCCTF inay not-engage in
any activity which, either in appeazance or in fact, conflicts with their duties at the
MCCT'F or reasonably impeaches the independence of their work for the MCCTF.
In addition to the requirements set forth in this MOU and the accompanying SOP,
each Participating Agency shall ensure that their employee participants remain
Official Law Enforcement Use Onty
Standazd C�ber Crime Task Force MOU (June 2004)
This document contains neither recommendations nor conclusions of the FBI. This document is the property of the
F&I arzd is loaned to your agency; it and its contents are not to be distributed outside yow agency.
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subject to and adhere to the standards of conduct, personnel rules, regularions, laws,
and policies applicable to those of their respective agency.
4. Assi2nwent to the MCCTF: Personnel selections for the MCCTF are at the discrerion
of the FBWSSS and each tespective Participating Agency. Persoanel will be
seiected based on the needs of the MCCTF and the Participating Agencies. As a
general matter, all personnel should make a min;mum two-year work commitment to
the MCCTF due to the specialized nature of the work and applicable traiuing. Tke
MCCTF realizes that not all law enforcement agencies can be bound to a full time or
half-time commitrnent, but rather a working relationship, ag�'eeing to provide
electronic crimes assistance if requested, and as availability of their manpower
permits.
I. INFORMAT'ION 1l�FANAGEM�1l�'I'
1. Records and Reroorts: All MCCTF investigative records/documents will be
maintained at the USSS location or the local FBI Field Office. Investigative
documents will be stored on the USSS and FBI's electronic databases in order to
enhance national information sharing among task forces and other investigators.
USSS documents will be incorporated into FBI documents for uploading into an
electronic database if deemed necessary. In addition, classified information shall not
hP t n,la�P41 in a nprl-FeLlergl PartiGir�atna Aoan�i�c ���5 07 _m__�n_t_2!II�C� �UtS1C�� Of 3R
a a�-
accredited MCCTF location unless approved in advance and in writing by an FBI
Security Officer.
2. Non-Disclosure Aereement. MCCTF information only may be disseminated on a
need-to-know basis and as expressly pernutted. No MCCTF information may be
disseminated outside of the MCCTF without the express written permission of the
FBI and USSS and in accordance with the applicable laws and intemal regulations,
procedures, or agreements between the FBI/USSS and other agencies that would
pernut such agencies, including MCCTF participants' employing agencies, to receive
FBWSSS information direcdy.
3. Media No member of the MCCTF will unilaterally discuss or otherwise reveal
information relating to MCCTF investigations, or other FBWSSS related
investigations known to them, to any media representatives. All releases of
information to the media on MCCTF inatters will be mutually agreed upon and
coordinated jointly under the supervision of the MCCTF Program Managers.
d. LIABILITY. The FBWSSS makes no representation that the United States will provide
legal representation or indemnification to any law enforcement o�cer or employee
assigned to the MCCTF. Legal representation and indemnificafion by the United States is
determined by the Deparnnent of Justice (DO� on a case-by-case basis pursuant to legal
standards and DOJ policy.
Official Law Enforcement Use Only
Standazd Cyber Crime Task Force MOU (June 2004)
This document contains neither recommendarions nor conctusions of the FBL TFeis document is the properry of the
FBI and is loaned to your agency; it and its contents are not to be dlstributed outside your agency.
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K. SALAR�ES AND FUNBING
1. Salarv and Compensation: Salaries, benefits, taxes, and withholdings of MCCTF
members will be paid by their respective agencies.
2. Overtime: Overtime may be compensated to MCCTF members by their respective
a�encies in accordance with their applicable overtime provisions.
3. Fundine: This MOU is not an obligation or commitrnent of funds, nor a basis for
transfer of funds; this MOU is instead a basic statement of the understanding
between the parties of the tasks and methods required for a successful MCCTF.
Unless otherwise agreed in writing, each pariy shall beaz its own costs in relation to
tkis MOU. Expenditures by each party will be subject tc its budgetary processes and
to the availability of funds and resources pursuant to applicable laws, regulations,
and policies. The parties expressly acknowledge that the above language in no way
ixnplies that Congress will appropriate funds for such expenditures. The FBI will be
responsible for the lease payments and all other expenses associated with the office
space ufilized by the MCCTF.
T., PiTR ATTQN AN�J �VI�DTFif DTi�1N �1F TAFi M�1TJ. 'f'he te,m pf thyg T�(lTT c h��? be
for the duration of the MCCTF operations, contingent upon approval of necessary funding,
but may be terminated at any time upon the written mutual consent of the agencies
involved. A Participating Agency retains the right to tenninate its participation by giving
30 days written notice of its intent to terminate. Should a Participating Agency ternunate
its participation, it must rehun any equipment to the supplying enfity. Sunilazly, as soon as
practicable, and consistent with ongoing investigations, remauring agencies will return to a
withdrawing agency any unexpended equipment the withdrawing agency may have
supplied during its MCCTF participation. Any modification of this MOU will be effected
with the written mutual consent of the involved parties. This MOU may be signed in
counterparts.
M. NO THIRD PARTY RIGHTS. This MOU is not intended, and should not be construed,
to create any right or benefit, substantive or procedural, enforceable at law or otherwise by
any third pariy (other than a Participating Agency of this MCCTF entering into a similar
MOU with the FBWSSS) against the parties hereto, the United States, or the officers,
employees, agents, or other associated personnel thereof.
N. EFFECTIVE DATE AND ADDITIONAL PARTIES. As among the original parties,
this MOU shall become effective when signed by the FBI and the duly authorized
repxesentative of at least one other agency. The parties anticipate that the FBWSSS will
enter into similaz MOUs with other Participating Agencies.
O�cia! Law Enforcement Use Only
Standazd Cyber Crune Task Force MOU (June 2004)
This document contains neither recommendations nor conclusions of the FBL This document is the properry ofthe
FBI and is loaned to your agency, it and its contents are not to be disbibuted outside your agency.
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T��'L�`��
SO AGREED on behalf of the entifies/organizations below:
John M. Ha�gton, �,'ef
St. Paul Police Departrrient
t .
\
St. Paul G:ty Attomey �;%
.�
Financial
Michael Tabman a�✓ '\
Special Agent in Charge (F�BI)
Official Law Enforcement Use Only
Date
Standard Cyber Crime Task Force MOU (June 2004)
This document confains neither recommendarians nor conclusions ofthe FBL This document is the property of the
FBI and is loaned to your agency; it and its contents are not to be distributed outside your agency.
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9
CYBER CRIME TASK �ORCE
(CCTF)
STANI�ARL OPERATIN� PROCEDURES
" (SOP)
Cyber Crme Task Force
C�cial lww Enfarcement Usz Oniy Standard Operatmg Procedures (Sune 2�04)
Ol� ���1
This document contains neither recommendatzons nor conclusions of the FBL T7xis documenl is the property of the
FBZ and is loaned to your agency; it and its contelzu are not to be dutributed outside your agency.
�(o ���-/!
A MESSAGE FROM TI-� FBI
The first FBI-led Cyber Crime Task Force (CCTF) was established in Pittsbutgh in
14S7. Since that time, the need has grown even stronger for pulling ttze law enforcement
community together to meet the challenges of high technology crime. Tne task force model
has proven successful to comhat a wide range of the most challenging threats to our narion,
including domestic and intemational terrorism, narcotics smuggling, organized crime and,
now, cyber expioitation.
Many members of the CCTF have also been members of other task forces, and their
p,;or exper?ence and insights will prove invaluable to this effort. Others will find their service
with the CCTF to be an entirely new undertaking; we look forv✓ard to their fresh ideas and we
welcome them to our expanding integrated law enforcement netwoxk.
Worldng together, pooling our unique capabilities, resources, and energy, we are
confident that the greater law enforcement community can and will make considerable
progress -in pr-euenting .cyber .crime,-protecting o.ur..crirical infrastructures, and bzinging. to
justice those who would take advantage of eves-changing technologies to do us harm. We
wish you every success.
O"mciai Law eniorcement Use Oniy Cybci Crme i as`d Fo�C2
Standard Operating Procedures (June 2004)
Thls document contains neither recommendatioru nar conclusions of the FBL This document is the property of the
FBZ mzd is loaned to your agency; it and ifs contenu m'e noi to be distributed outside your agency.
(>��1��/
TABLE OF CONTENTS
L CCTF PRIORITIES AND CASE ASSIGNMENTS . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -1-
Investigative Priorities . .............................................................•
Non-investigative Priorities . ................................................................
II. ORGANIZATIONAL STRUCTURE ... .. .. .. . ... .. . . ..... .......... . ...... .... . . .. . . . . ... .. .?-
Law Enforcement/Intergovernmental Entity. . . . . . ..
.........................................
Daily Operational Conirol: RBI Program Manager and Parlicipating Agency Team Manager. ........-2-
]II. ASSI6NMENT OF CASES/EXCLUSIVITY OF DUTIES DURING ASSIGNMENT TO THE CCTF ..-3-
IV. OPERATIONAL MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-
Attomey General Guidelines .................................................................3-
F1eld Taci9cal Operations . .................................................................
Undercover Operations. " " " " "' � � " � � � � � � � � � � � ¢
........................................
Officer InvolvedIncidents . .................................................................
V. ��STIvtiT. JE �:,, E` �E :':;.32Y PR��E,^,L'�; S . .... .. .. .. ... . . .. .... .... . . . . . . . . . .. . =-
No Superseding Standazd of Care, DuTy or Conduct . ...... ... . . . . . . .... .. ..... . .... . . . . . . • • • • • •
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ApplicableInvestigative LegalProcess . .......................................................
Report Format ............................5-
..............................................
FBI Databases and Information Systems . .......................:............................
Forensic Examination Procedures . ...........................................................
VI. ADMINISTRAT'IVE PROCEDURES ............................................... ......... .7-
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Cross-deputation ofSworn Personne ...........................................
Intergovemmental Personnel Act Assignments to Federal Agencies . .... . . .. .. .. . . . ... . .. .. .. .. . . . .8-
Personnei AdministrativeIssues ............................................................io-
Personnel-FinancialIssues ...............................................................• _
VII. NON-DISCLOSURE OF INFORMATION/MEDIA POLICY ... . . . . ...... . .... .. . . .... .. . ..... .13-
Non-Disclosure Aareement ....... ..............................................-13-
........
Media lnquiries Referred to the FBI Program Manager or the Team Manager . . . . . . . . . . . . . . . . . . . . -13-
VIII. FIlVANCIAL AND CIVIL LIABILTITES IN GENERAL . . ........... .. . .. ..... . .... . . . . ... . ... .14-
Federally Deputized Personnel. . .. . ... . . -14-
...................................................
Federai Tort Clai,ms Act . .................................................................
��Employee" 9f the United States. . . .... . . . . .. .... .... ........... .. . . .... . ... -14
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Scope bfEmploymenf . .................:....................:
Peiition for Scope of Empioyment Designation . .. .. .. .. ...... . .. . . .. .. .. . . .. . .. .. ... .
Liability. . ........ .. . . ... .. .. . .14
.........................................................
BivensAciaons . ..........................................................................
�cial Law Enforcement Use Oniy Cyber CtiR1e Task ForCe
Standard Operating Procedures (June 2004)
This document contains neither recommendations nor conclurions of the FBl. This document is zhe property of the
FBI and u loaned to your agency; it and its contents are not to be distributed outszde your agency.
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Ol� -CP �/ /
Indemnificafion. .........................................................................1S
Qualified Immunit5'• . .. . . . . . . .. . . . . . . . . . . . . . . . . . -1S
........................................
Represenfation . ..........................................................................IS
_ 4
� ................. 1
Notifrcaiion of CIaims . ..................................•-•-............
IX. VEffiGZES, EQIIIPNIEA'T, PROPERTY, AND GIFTS ........ . ..... . .. . ...... ...... .. .. ..... .i6-
Velucles. ...................
.......
..........................................
............
property of Participating Agencies Tei•minating Their Relafionship with tLe CCTF . . . . . . . . . . . . . . . . _
Certain Tangible Properfies & Monies Acquired for CCTF Use . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . .. .16-
IntellectualProperty. ......... ................
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.....................................
EducationalTeets & Journalsof Assignees . ..................................................
Assumpton ofILsk of Loss of P�ency Progerty . .............................................
OperationalSupplies/Equipment . ........................................
..................
Giftsby Non-Govemmentat, Non-Participating Entities ........................................
x . cesTs ................................................................................ -is-
XI. NO THII2D PARTY RIGHTS ..............................................................18-
XII. MODIFYCATIONS AND AMENDMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -18-
XIII. LEGAL CONSTRUCTION AND SEVERABIIJITY ... .. .. ... .. . .. .. . ... .. . . . . ..... ... .. ...... -19-
C'yber Cirr�e Task Force
D"mcia7 Law Eniorcemeni Use oniy Sfandard Operating Procedures (June 2004)
T'his document contains neither recommendafions nor conclurinns of the FBI. This document is the properry of the
FBI and u loaned to your agency; it and its contents are not to be distributed outside your agency.
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6�-��//
I. cc� rxioxrr�s nrm cnsE :LSSiGx!v�n':s
A IavestiQative Priorities. The investiaative prioriries oi the CCTF shall be to prevent, detect, deter,
and bring to jusrice, those persons and or�anizarions involved in the iollowin� illegal acuvities:
1_ The commission, attempted commission or conspiracY to commit any act which results in
the compromise of the inte�ity, availability, or conndentiality of the contents of any
computer> computer network, or similaz' devices using hi2h tecLnologies which results
directly or indirectly in:
a. Physicai injury to an➢Person,
b. A threat to public health or safety, or
c. A threat to the National Security of the United States;
2, The unlawful access, destrucrion of, or unauthorized entry into private or government
computers or computer networks;
3. The dissemination of softwaze, often known as virnses and worms, that results in tlie
criminal �isuse of compute:s or computer ne?works;
4. Identity theft facilitated by computers and high technology;
5. Intemet fraud;
6. Softwaze piracy and other unlawful uses of inteilectual property;
7. Intemet threaTS; and,
8. Sexual exploitation of children over the Intemet, including child pomography.
g. Non-investiearive Priorities. The non-invesligative priorities of the CCTF shall be as follows:
1. To facilitate and promote ttie shazing of federal and state law enforcement expertise and
information about the invesrigarion and prosecution of computer-related and technology-
facilitated crime with law enforcement personnel and prosecutors; and
2. To provide haining and education for federal, state, and local law enforcement personnel
and prosecutors regarding the investigation and prosecurion oi computer-related or
technologically-facilitated crime.
IL ORGANIZATIONAL STRUCTURE
A. Law EnforcemenUlntereovemmental Enritv. The CCTF is a multi-jurisdicrional task force
comprised of personnel assia ed pnmanly from law enforcement and criminal jusrice agencies.
The CCTF is not intended to, and shall not, be deemed to have any independent legal sfatus
separate and apart from the individual sovereign govemments from which its members emanate.
Nothing contained in this SOP, or any accompanying MOU, shall be deemed or consizued to
create a nartnershiu or j oint venture, to create relationships of an employeremployee or principal-
agent, or to otherwise create any liability for one agency whatsoever with respect to the
indebtedness,.liabilities, and obligatioas of the other_agencies or any other parlies.
Official Law Enforcement Use Only Cybe� C�me Task PofCe
Standard Operaiing Procedures (June 2004)
This document contains neither recommendafions nor conclusions of the FBI. This document is the property of the
FBI and is loaned to your agency; zt and ifs contents me not to be distributed autside your agency.
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g, Daiiv Onerarional Consol: kBI Froeraai Manaeer ane Particivatina Asencv Team Manaeer.
1, The daily operazional control, management, supervision oi, and responsibiliTy for
operarions of the CCTr shall be vested in an FBI Progam Manager. The FBI Proaram
Manager sLall be a sworn iaw enforcement officer (an FBI Special A�ent or
Su ervisorv S ec�a1 ent assi ed bv luslher re ecttve FBI �eld Office to tbe
CCT'F. The term oi office of the FBI Pro�am M�B� veneraily shall be a minimum oi
one (1) yeaz, full-time, to commence upon appointrnent
2. Day-to-day operational matters may be assi�ed by the FBI Program Manager to a Team
Manager. The Team Mana er shall be from a Partici atin A encv other than the
FBI and snail be selected bv the FBI in consultation with all CCTF Particivating
Agencies. The Team Manager shall be a full-hme employee assigned to �.he CCTF :7ie
term of office of the Team Manager generally shall be a minimum of one (1) yeaz, full-
time, to commence upon appoinhnent.
3. FBI Proeram Manaeer and Team Manaeer Duries. The FBI Program Manager shall be
responsioie ior che day-w-day operahons of the �,�� Specifically, the FBI Program
Nianager, who may delegate as appropriate to the Team Manager, shall be responsibie for
proposing, implementing and enforcing such policies, procedures, ptactices and/or mles
(in consultation with the Participating Agencies) as may be necessary or reasonably
calc�Vlz?ed !o effectu2*-e +he pL*poses acd mission of the CCTF including:
y, yssign.ing cases which are submitted to the CCTF;
b, prioritizing the assignment of cues in conformity with this SOP;'
�, assigning responsibilities rela6ng to administrative andlor educarional duties;
d. establiskung minimum qualification standards for prospective personnel offered
for detail to the CCTF;
e. esiablisbing additional ethical and conflict of incerest guidelines for assignees
and operations of the CCT`F to supplement and augnent the ethical and conflict
of interest guidelines or rules established by each Participating Agency with
respect to their individual assignees;
f establishing standard forms and reports for use by the CCTF;
g, collecting, recording and submitting quarterly reports to the Participating
Agencies regarding non-case specific data zefle�ting the operations and
activities of the CCT'F;
$. coordinating and controiling contacts with and responding to inquiries from
members of the mass media in consultation with the appropriate Participating
Agencies, or submitting law enforcement agency, if the inquiry is case specific;
1, requesting, when necessary, properiy, equipment, supplies or material &om
Participating Agencies;
� mai�taining an asnval inventory of all property used, held by or on beha7f of the
CCTF, which inventory is to be recoided annualiy; and,
-- kr perfocming such other functions and duties as are reasonably related to the
successful operarion of the CC"I'F.
4. Team Manaeer RenewallTemunation/Removal. The teim of office o£ the Team
Manager may be renewed without uuut by the PBI Program Manager, contingent upon
the continued consent of the Team Manager's employing Parricipahng Agency. Baznng
Official Law Enforcement Use Only Cyber Crime TasK rorCe
Standard Operating Procedures (June 2004)
This document contains nezther recommendations nor conclusions of the FBL This document is the properTy of the
FBI cmd 'u lomzed to your agency; it and its contentr are noi to be distributed outside your agency.
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exaaordinary circumstances, the Pazticipating Agenoy employing the Team Vlana�er
shall not wrthdtaw consent except upon prior written notice of not less than thsry (3�)
days to the FBI Pro�am Mana�er. The Team Manager shall serve unul the eazlier of:
A) expirarion oi the tem�; B) his or her resignation; G� removal from the Team Manager
posinon by the FBI Pro�em Manager; or, D) removal from employment or the Team
Manager posirion by his or her Panc�ipacin� Agency.
�. ASSIGNMENT OR CASES/EXCLUSIVITY OF DUTIES DURING ASSIGNMENT TO TFIE
CCTF
A. Cases genernlly will be assi�ed foz mvestigation to CCTF assignees at the discrerion of the FBI
Program Manager or the Team Manager wi�hout regazd to the identity of the assignee's emplo}wg
agency or the identiry of the submitting agency, except that cases or categories of cases requiring
spec�c security dearance or lawfut authoriry (e.g., state or federal grandjury invesrigations
requiring express court-authorized disclosure, Foreign Intelligence Surveillance Act (FISA) or
other national security maC�ers) may be specifically assigned by the FBI P;ogr� Manager bosed
upon such criteria as he or she deems necessary.
B. Cases generally will be assigned for investigation at the discretion of the FBI Program Manager or
the Team Manager on the basis of case nriority as set forth above and the exnerience and
workload of an assignee. Except as anthorized by the FBI Program Manager or the Team
Manager, Participating Ageneies agree that they shall not task their full-time CCTF assignees with
other investigative or adminis�a.tive obligations outside of those of the CCTF during ihe period of
their assignment or pemut them to take on such obligations.
C. All assignees undeistand and agree that assignment to the CCT'F does not create any right to
investigate any specific matter or class of matters failing within the purview of the CCI'F.
IV. OPERATIONAL NLATTERS
A. Attomev General Guidelines. All fedezal agency participants and all federally deputized
personnel will be subject to Attomey General Guidelines when acting on CCTF operational
mattets. All CCTF inatteis must be conducted pursuant to Attorney General Guidelines except
for CCTF invesrigations that aze exclusively being pursued as a state/local matter m which
state/local prosecution is anticipated, federal prosecution is considered unlikely, and a statellocal
law enforcement officer is the primary investigative officer for the case.
B. Field Tactical Onerations. A field tacrical operatron is an invesrigative or enforcement acrion
which is intended to interact with criminal suspects or witnesses and ozesents a�ea.tsr than
noxmal danger to agents, officers, and the public. Field tactical operarions include planned
-- seazches-of physical-locations, coordinated surveillance, confrolled buys, and controlled
deliveries. Most undercover investigarions will include one or more 5eld tactical operations.
Official Law Enforcement Use Oniy Cybe� Cfifne TaSK FofCe
Standard Operating Procedures (June 2004)
This document contalns neither recommendahons nor conctusions of the FBI. This document is the property of the
FBI med zr Zocmed to your agency; it mad its cantents me not to be distributed outside your agency.
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Subject to the limited exceprion nor.ed in subnare�°mPh A above, all neld tactical ooera�ons will
be conducted pursuant to the Attorney General's Guidelines on General Crimes, Racketeering
Enterprise and Terrorism Enterprise Investigations.
All field tacrical operations will be docnme�tedwith Tactical Operncions Plan, describing at least
the nature of the investigation, the intended procedises, the targeted individuals and locarions, the
personnel assignmenu for the duration of the opemtion, and emergency procedures.
C, Undercover Qoerntions. An undercover opeiarion is an investigative or enforcement acrion where
a law enforcement agent or ofFicer interacts with criminal subjects and the agenUofFicer is not
readily �denrified as a]aw anforcement officer. Undercover field tactical operarions present a
greater than normal danger to law enforcement officers/agents and the public.
1. Subject to the limited exception noted in subpazagraph A above, all undercover
operarions will comply with the U.S. Attorney GeneraPs Guidelines on FBI
Undercover Operations.
z. All undercover field tactical operntions will be documented with a Tacdcal Operations
Plan.
3. The undercover Tacrical Operations Plan will address issues of officer and public safery
as follows:
a. Whether the undercover officer will have case agent zesponsibiliries during an
undercover operarion.
b, Whether the undercover officer will be azmed during an undercover operation.
�, Whether the undercover ofFicer will normally weaz an electronic monitoring
device or whether the plan specifically jushfies not usmg such equipment
g. Whether a security team shall be dedicated to the undercover officer's safety.
e, Whether other teams may be included to address perimeter securiry,
communications, and surveillance as needed.
D. Use of Confidential Informants. Any CCTF use or development of a confidential informant
("CI") wiii be in compliance with the U.S. Attorney General's Guidelines Regarding the Use
of Confidential Informants including, but not limited to, for pnrposes of deternuning the
suitability of a CI, the registration and use of a CI, payments to a CI, authorization for a CI to
commit otherwise iilegal activity, sharing sensitive invesrigarive informanon with a CI, and
protecting the identiry of a CI.
E. International Criminal Invesriearions. No matter being handled by the CCTF shaIl lmowinglY
involve any intemational inveshgarive activity (to �lude internarional commun�o i`h'lthout
FBI participarion and approval. The FBI shall be res onsible for coordinating p
Attorney General Guidelines, any extraterritonal crim�nal invesrigations.
Cyber Crime Task Force
Official Law Enforcement Use Only S��dard Operating Procedures (June 2004)
This document contains neither recommendarions nor conclusions af the FBL This docwnent is the property of the
FBI and is lom�ied to your agency, it and its conlents me not to be distributed outside your agency.
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F. Officer Involved Incidents.
1. Any incident involving injury to CCTF personnel or damage to equipment will be
reported to the Project Manager or Team Supervisor. The incident will also be reported
to the Participaring A�ency according to its agency policy.
2. Any incident involving the dischazge of a fireazm by CCTF peisoanel, other thaa during
training, will be reported to the Project Manager or Team Supervisor. The incident will
also be reported to the ParticipaYing Agency according to its a�ency policy.
V, 1NVESTIGATIVE AND EVIDENTIARY PROCEDURES
A. No Suoersedina Standard of Caze, Dutv or Conduct. Nothing in the SOP or any policy,
pmcedure, practice, protocol or guideline resulting therefrom is intended to alter or afFect, or does
atter or affect, any standard of care, sta.ndard of conduct, or lawful authority to search, seize or
arrest under the Consritution of the United States, any federal or state law or internarional treary or
its equivalent, or any policy or procedure of the FBI or any other iaw enforcemenc enrity.
g. Anplicable Investisafive Leeal Process. The selecrion of applicable legal process to facilitate
CCTF investigarions (e.g., seazch warrants, adminis�az.tive or grand jury subpoenas, pen register or
uap and trace otders, intercept order v,d consensua: �oaite::ag 3ec�:�.�tatien req
shall be designated by the FBI PLOgam Manager or the Team Manager in consultation with
appropriate prosecutive agencies.
G Reoort Format. In order to facilitate the national sharing of information, all Participaring Agency
personnel shall prepaze written reports in compliance with the foimat and manner utilized by the
FBL Any exceprions to this general requirement must be approved in advance by the Program
Manager. In addirion, only one evidentiary document, such as a report of investigarion, will be
prepared in joint investigarions.
D. FBI Databases and Information Svstems. All reports shall be uploaded into applicable FBI
databases or information systems so that informahon sharing is enhanced beriveen task forces and
other law enforcement investigatoxs.
g. Oumershin and Retention of Information.
2.
3.
Any records developed in an investigation in wknch the FBI is a participant will be
considered exclusively FBI records, although copies may be loaned to other Task Force
Participaring Agencies subject to law, regulation, and policy.
Records developed in investigahoas ia which the FBI is not z puticipznt wi11 be owned
and retained as agreed upon by the relevant Participating Agencies.
AdminisRarive records of the CCT'F, and CCTF recordsthatare not otherwise awned by
another Pazticipating Agency, also will be considered exclusively FBI records and
similazly may be loaned to other Task Force Participating Agencies sub�ect to law,
regulation, and policy.
Official Law Enforcement Use Only Cyber Crime Task Force
Standard Operating Procedures (June 2004)
Thu document contains neither reco»zmendations nor conclusions of the FBL Thir document is the properry of the
FBI and is Zoaned to your agency; it and zfs contents are not to be diriributed outside your agency.
_S_
D(� - 1� �/
4. FBI records and information shall not, if provided to a Stace or local �ovemm.,°nt
?articipaiing A'ency, be made available pursuant to acy State or local law requiring
disclosure of information or records. Raiher, any requesu to a Srare or iocai �ovemment
pazticipating Agency for any FBI or other Federal government records or informarion
shall be referred to the FBI for proper handting.
p. Forensic Examination Procedures.
1. Forensic Examinarions aze Reshicted to CCT'F Evidence. The miss9on of the CCT'F is
invesrigative and not forensic. Any forensic acquisition and examination of evidence
must be authorized by the Program Manager, and shall oniy be conducted on evidence
from an mvestigation initiated or adopted by the CCTF.
2. Procedures for Handlin Di tal Evidence Generated b CCTF-Imriated Invesri ations.
Digital evidence accepted, seized, acquired or intercepted by the CCTF pursuant to a
eriminal investigation iniriated or adopted as a CCTF investigation, shal] be forensically
examined only when expressly authorized by the Program Manager and oniy as ioliows:
a. By any assignee to the CCTF who:
(1) is affiliated with cemfied, and monitored or supervised by an
established and recognized crime "laboratory" of his or her respecfive
P� uc;ps�g , ;g u�y; znd
(2) conducts such e�nunation in conformity with the written protocols,
policies and procedures of such laboratory;
b. By any non-CCTF personnel belonging to the criminallaboratory of a
Participating Agency who:
(1) is affiliated with, certified, and monitored or supervised by an
established and recognized crime "laboratory" of a Participating
Agency; and
(2) conducts such eramination in conformity with the written protocols,
polic�es and procedures of -- and onsite at -- the Participating Agency's
]aboratory;
c. By FBI personnel who:
- (1) aze FBI Computer Analysis Response Team (CART) trained and
certified (oi otherwise aze ttained and certified in a manner expressly
accepted by CART), and will conduct such eraminarion m confomvi}'
with the written Standard Opernting Protocols and Quality Assurance
Manual requirements of FBI CART; or,
(2) are FBI Forensic Audio/Video Image Analysis Unit (FAVIALn �ained
and certified and will conduct such examinations in confomvty with
tlie w;i�ten Standar3 Operatiag Pretoccls aad Quzlit3' ° ssL*z.ece
Manual requirements of FBI FAVIP.U; oz,
d, Any FBI C:ART trained and certified personn�el (orpezsonnei othenvise irained
and certified in a mannei' expiessly accepted by CART) assigned to an FBI-
Affiliated Regional Computer Forensic Laboratory (RCFL) who will conduct
such examinarions in coniormity with the written Standazd Operating Protocols
and Quality Assurance Manva.l requirements of that RCFL.
Cyber Crime Task Force
o�cial Law Enforcement Use only Standard-Operating Procedures (June 2004)
Th1s document contains neither recommendations nor conclusions of the FBL This document is the properry of the
FBI and 'u loaned to your agency, it and iu contents me not to be distribuzed outszc3e your agency.
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Ol� -� �F/
3_ DeSnition of the term "Labordtorv." r or pisposes of inclusion but not exclusion tmder
this section, a"laboramry" shall be considered established and recognized i: it has
become acccedited'm di�ital evidence examinarions by the Amencan Society oi Crime
Laborntory Direcmxs Laboramry Accreditation Boazd (ASCLD-LAB}.
4. Dieital Evidence Generdted b FBI-Sniriated Investieaiions. Digiral evidence accente�,
seized, acquired or intercepted by FBI personnel which, at the time of its acceptance,
seizure, acquisition or interception relar.ed to a non-CC1'F des a�naSed, FBI-�tiated
invesrigation shall be forensically examined by FBI personnel w�� �d certified, and
a. Are FBI Computer Analysis Response Team (CAR'1�
will conduct such examination in conformiry with �he `nmtten Standard
pperaung protocols and Qvality Assmance Manual requ:rements of FT3I CART,
or
b. Are FBI Forensic Audio/Video Image Analysis Unit (FAVIAT.T) trained an
ceriified and will conduct such exasmnarion in conformity with the written
Standard Operating Pzotocols and Quality Asswance Manual requirements of
r'"�I FAVIAU, or
�, Are otheiwise expressly authorized in advance by an appropriate FBI Program
Manager of the FBI Investigative Technology Division.
5. FBI Di �tal Forensic Examinations Conducted Onl Pursvant to FBI CART
?roced^W es znd?*_e±ocols. All digital evidence examinations on either CCTF or FBI-
initiated or adopted inveshgations which aze conducted by FBI peisonnel shall be:
a, conducted by FBI CAR.T tcained and certified personnel in conformity with the
written Standard Operating Protocols and Quality Assurance Manual
requirements of FBI CART, unless otherwise expressly authoriaed in writing bY
FBI-HQ CART, or
b_ in the case of digital audio/ video / image forensic analysis, by FBI FAVIAU
trained and certified personnel who will eonduct such examinations in
conforuntywith the written Standard Operating Pzotocols and Qualit3�
Assurance Manua1 requirements of FBI FAVIAU.
(, Evidence Storaee. The FBI Program Manager may designate a volunteenng Paniciparing
Agency to exercise control over some or all of the evidence gathered by and in the course
of CCTF mvestigations and, thereafrer, the niles and policies of that Participaring
Agency relating to the submission of evidence, retrieval, destrucrion and chain of custody
shall apply. In the absence of a desigiation, the FBI sha11 �ercise control over all such
evidence and its mles and policies shall apply.
�, ,ADIVIIlVISTRATIVE PROCEDURES
A. C:ess-deputarionofSwomPersonnel
l Definition of the term "Swom L.aw Enforcement Assi�. For pucposes of this SOP,
"swom law enforcement assignees" means those state and local law enforcement officers
authorized by law to enforce criminal statutes andjudicial sanetions (including The powei
to invesrigative, and arrest), and who aze authorized to carry a firearm and exercise
appropriate force (including deadly force) in the lawful exercise of those duties.
Cybes Crime Task Force
pfficiat Law entorcement use oniy Standard Operating Procedures (June 2004)
772ir document contains neither recommendafions nor conclusions of the FBL 77iis document is the praperry of zhe
FBI and is loaned to your agency; zt and tts contenu m'e �n�Ot to be distributed ouuide your agency.
� l� -� �F/
2. Federai Denutation of Swom Izw Enforcement Assiffiee: In limited circumstances and
subject m the successnil comnlenon of addirional documentation and a�eemenu
(including non-disclosure agreements), background investigarion inquines and security
clearances as may be deemed appropnare, State Executive Agency (SEA) "swom law
enforcement assi�ees" may be federnlly deputized for the limited puroose of providing
direct support tn the CCTF. The FBI or another Federal Executive Agency (FEA) shall
coordinate the securing of the zequu'ed deputation authorizations. These deputations may
remain in effect throughout the tenuce of each individual's assigpment to the CCTF, as
Iimited by the tecros of the deputation or until temunation of the relarionship between the
FBI or other FEA and the CCTF or the termination or dissolurion of the CCTF itself,
whichever comes first. Adminis¢ative and personnel policies imposed by the
participating Agencies will noi be voided by deputation of tt�eir respecrive swom
personnel. Any federal iaw enforcement powers authorized under any federnl deputation
program shall be suspended upon the suspension of any state, local or municipallaw
eniorcement authority.
3. State D utation of r ederai Swom Personnei: In limited circw aad subj ect to
the successful complerion of adclirionai documentarion and agreements (including non-
disclosure agreements), background investigarion inquixies, FBI and other FEA agents
may be cross-depurized as state peace officers with state law enforcement authoriry.
�� .��Y�r,�,t;��� �2y =eW�^_ � e�ect throughout the tenure of each mdividual's
assignment to the CCT'F, as limited by the terms of the deputation or untii termination of
the relationship between the FBI or oTher FEA and the CCTF or the terminarion or
dissolurion of the CCTF itself, whichever comes first. Administrative and personnel
policies imposed by the Participating Agenctes will not be voided by deputation of their
respective swom peisonnel. For purposes of this SOP, any state law enforcement poweis
authorized under any state deputation program sha11 be suspended upon the suspension of
the CCTF member's sepazation from the CCTF for any reason.
B. Intergovemmental Persoanel Act Assignments to Federnl Agencies
1. SEA Personnel Mau Be Formall Detailed to the FBI or Another FEA and Thereafter
Assi�ned to the CCTF. Subject to approval by the afFected FEA and SEA, any SEA
employee, including but not lunited to administrative support personnel, assigaed to the
CCTF inay seek to be formally "detailed" to the FBI or another FEA as a civilian
employee pursuant to the Intergovemmental Personnel Act (IPA), 5 U.S.C. §3374, and
Yhereafter be assigned by the FBI or other FEA to the CCTF. Thetea.ftet, during the
period of the detail and pursuant to 5 U.S.C. §3374(c)(2), such an employee acting
witivn the scope of their assignment shail be enritled to all of the rights, pnvileges and
;..-hmuaities accorded by laa� including being "deemed an employee of the [FEA] for the
purpose of .... the Federal Tort Claims Act and any other Federal tort liability statute."
- 'Fhe FEA acceoting the "detailed" employee shall be presumed to have acceoted the.SEA
employee under an agreement not requiring reimbutsement from the FEA to the SEA of
compensation (wIuch shall continue to be paid by the SBA to the employee during the
period of the detail). The failure to be formally deTailed pursuant to The IPA to an FEA
for purposes of assignment to the CCTF shall not prohibit any SEA Participating Agency
Cyber Crime Task Force
official Law EnForcement Use only Standard Operating Procedures (June 2004)
This document confains neither recommendations nor conclusions of the FBI. Thir document is the property of the
FBI med u loaned to your agency: it and its contents me not to be dutributed outside your agency.
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Ol�-��i
$om offering to assign an employee to The CCTF and sk�a71 not pre�udice the rights oi
such a SEA employee (as descnbed in other nrovisions of this SOP) to seek le�al
renresenrauon, substinition and/or indemnificahon from the Federal govemment ior acfs
or omissions occmring pmsuant ru ana wiflvn the course and scope oi their assi�ed
duties while assi�ed to the CCT'F.
2. Emnlovees of Insutunons oi HiPher Education and "Other Oreani2ations" ?�Iav Be
Formail Detailed to the FBI or Another FEA and Thereafter Assi�ed to the CCTF.
Any employee of an Institute of Higher &lucation (IE�,), or an "other o a°anization"
(00) as defined by 5 U.S.C. §3371(4), possessing the knowledge, sldlls or aoility
necessary to facIlitate the mission of the CCTF inay seek to be ioimally "detailed to the
FBI or another rEA pursuant to the Incergovemmental Personnel Act (iPA), 5 U.S.C.
§§3372(b)(2) &(e)C2), aaa the�eaner be assigned by the FBI or other FEA to the CCTF
m a civilian support role. During the period of the detail, pursuant to 5 U.S.C. §3374
(c)(2) such an employee acting v✓ithin the scope of their assignment shall be entitled to
a11 of the rights, privileges and immunities accorded by law including being "deemed an
empioyee of ine �rEA] for she putpose of .... the Federnl Tort Claims Act and any other
Federal tort liability statute." An employee detailed pursuant to The IPA shall be
presumed to be accepted under an agreement not requiring reimbursement from dte FEA
to the II3E or 00 of compensation (which shaIl continue to be paid by the IHE or 00 to
rhe e�:pleyee d rhe pen.ed of+he detail;. .
c. Personnel Administrative Issues
1. FEA Personnel Generall Shall Not be Deemed SEA Personnel. Except as expressly
authorized in a separate writing pursvant to an established state, local or municipal
deputarion program for swom personnel, or the IPA for non-civilian support personnel,
FEA peisonnel, including FBI personnel, assigned to the CCT'F shall not be deemed
empioyees of any SEA for any piupose merely by vir[ue of their asssgnment to the
CCTF.
2. SEA Personnel Generall Shall Not be Deemed FEA Personnel. Except as expressly
authorized in a separate writing pursuant to an established federal deputation program
for swom personnel, or the IPA for non-civilian support personnel, SEA personnel
detailed to the CCT'F shall not be deemed employees of the FBI or the United States of
America for any pwpose merely by virLUe of their detail to the CCT'F.
3. No CCT'F Em�lovees. The CCTF is not a separate legal entity capable of maintaining an
employeremployee relationskup and, as such, all personnel detailed to the CCTF shall
NOT be considered employees of the CCTF for any puzPose.
4, Duration of CCTF Detail bv Partici�arine Aeencies. Except for uersonnel assigned to
the CCTF to perform pL*ely a�mst*ahve fvnchons, each Participating Agency
generally shall offer for assignment to the CCTF the full-rime services of not less than
-one (1) of its respecnve personnel (acceptable fo* 8etail by the-CCTF) to �serve for a
period of at least one year, renewable annually thereafter.
5, Trainina Ooportunities Pursuant to 42 U.S.C. §3771(a) and 28 C.F.R. §0.85 and other
legal authority, the FBI may, in its discretion and subject to available iunding, oiier, at
FBI expense, such isaining �d educational opporiunities as may be appropriate.
Offiaal Law Enforcement Use Only . Cybef Cnme TaSk FofCe
5tandard Operating Procedures (June 2004)
This document contalns neither recommendafions nor conclwrions of the FBI. This document u the properry of the
FBI and is Zoaned to your agency; it and its contents m'e not to be distributed outside your agency.
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Training by other law enforcement entities, privare vendozs, and educarional insrinmons
also may be made available ior CC'I`F assi�ees putsuant to training needs and available
��5.
(_ Conflicts of Interest Pexsonnel assi�ed to the CCI`F inay not enga�e in any acuvitY
which, either in apoeaz'ence or in fact, conflicu with their duties at the CC'I� or
reasonably impezehes the independence of theu work for the CCTF. Except uoon The
express anproval of the FBI Pro�'� Managei or the Team Manager no assi�ee shall
act as a consultant regazding computer crime either for free or for profit or remuneration
beyond the salary pud by their employing agency during the period of their detail to the
CCTF. CCTF assignees shall not endorse any hazdwaze, soRwaze, or other product, on
behalf of the CCTF or in their capacity as a member of the CCTF.
7. - CCTF Assi ees Continue to Periodicallv Reoort co Tneir Emuiovets. Each CCT'F
assignee will continue to report periodically to lus or her respecrive agency supeivisoz or
CEO for admimstrarive matters unrelated to the case-specific ass a�nments of the CCT'F'
which aze not otherwise specifically described in this SOP.
8. CC1'P Not to Conduct Performance Avoraisals. Pzrs"oxmance appraisals of personnel
detailed to the CCTF shall not be conducted by the FBI Program Manager or the Team
Manager on behalf of that employee's Participating Agency unless the FBI Pr a�ram
Manager or ihe Team Manager is otherwise an assignee oi the same Participating
Agen�� as :ha pz;sc;,ae: •�:;.der pe::o:u:znce re:^:e�z�, exc� flsat rhe FBT Prog*am
Manager or the Team Manager may, at The written request of an appropriate rating
official, provide written comments for possible use by that official regazding
perfoanance related issues/appraisals.
D. Persoanel Financial Issues:
l. Em�lovment related Exvenses of Personnel Assianed to the CCTF. Pazticipating
agencies shall beaz all personnel bosts for any personnel detailed to ttxe CCTF including
but not limited to salaries, benefits, employment tuces, w�thholdino , izavel expenses,
insurance, retirement expenses, disability and all other employment-related benefits
incident to theu employment with their respecrive agencies.
2. Travel Ex enses Incurred on Behalf of the CCTF. Assignees must receive written pre-
approvai by the reimbursing enhtS' for all travel expenses incurred on behalf of the
CC1`F- Subject to funding availability, any Participating Agancy may, in its discrerion,
pay travel costs for out-of-state travel of CCTF assignees, should ffie Participating
Agency deem such h'avel necessary, provided that the fad of such a payment in any one
instance or number of instances sha11 not create or support any duty or obligation to make
{nture payments unless otheiwise ageed to in wnring.
3. Ovefume and other Compensarion for CCTF P.ssiQnees. Co�pensation for overtime,
holiday pay, vacation, and sick leave, shall be ffie responsibility of each Par[iciparing
Agency with respect to their assigned employee(s). It shall be the jo'snt responsibility of
each Participating Agency and its assigned emnloyee to xegulazly and timely inform ihe
FBI Program Manager or the Team Manager of available overtime, scheduled vacation,
annual leave or sick leave. Participating Agencies may, in their discretion, delegate to
the FBI Pro�'am Manager or the Team Manager limited authorization to schedule their
Cyber Crime Task Force
�cial Law Enforcement Use Oniy Standa�d Operating Procedures (June 2004)
Thir document contadns neither recommerulatiorcr nor coneZusions of the FBL This document is theproperry ojthe
FBI m+d is Zoaned to your agency; it and its contents are i�Ot to be dzstributed outride yozn" aSe"�7'�
o�-��i
4.
�.
detaiied employee(s) ror overbme or houday pay or other appficable coapensation as
may be nec�sary to efrecwate the purpose and mission of the CCTF. "I'he FBI Pro�am
Mana�er or the Team ?vlanager shall coordinate with the Participarin� Agencies, i; and
when altemate funding is available, ior The payment or reimbissement oi overtime or
other compensation provided that the iact of such a nayment in any one instance or
number of instances shall not create or support any dury or obligation to make iuture
payments vnless otherwise agreed to in wrivng-
particinatina Aeencies to Suonl Their Assi�ees with Communication Devices. Exceot
as otherwise a�eed to in writ�ng each assi�ee wiil be provided a cell phone and/or
pager by the assignee's Participating Agency to ensure communication capabilities with
the CCT'F.
Grievances. Comnlaints_ Discinline.
a. Emolo ee Ri2hts Unaffected b Assi ent to CCTF/Remedies with
Assienina. Because FEA assigned personnel aze not employees of the CCTF or
of any of the SEAs and, similazly, because SEA assigned personnel aze not
empioyees of the CC i r or oi any oi fhe rEAs, the substanrive and procedural
ri�pts of such personuel regazding employment-related grsevances oz discipiine
aze governed solely by the contracts,-mles and regulations existing between the
assigned personnel and their respective employing agencies. Assig�ment to the
CC?'F c:eat�s ao Iega.�1S =nf^*ce2ble no hts in such personnet to the
conrinuarion of the assignment to the CCTF or othenvise.
b. SEA Assienees ShaIl V oluntarilv Consent to Assienment. SEA personnel may
not be assigned to the CCTF unless they voluntarily consent prior to the detail.
Upon detail to the CCTF, SEA assignees shall be provided a copy of this SOP
and any related MOU by the Program Manager or Team Manager. The Program
Manager shall maintain a zecotd that he oi she provided each assignee with this
SOP and any related MOU. It shall be the duty of all SEA assignees to
promptly notify the Program Manager in wriring within seven (7) days of
provision of this SOP if such assignee does not voluntarily consent to The
assignment and the terms of this SOP and any related MOU, in wluch case the
assignee shall retum to his or her Participating Agency.
c. No CCTF-vested Riehts. There shall be no disciplinary or grievance procedure,
policy or process within the CCTF which will vest any rights m any CCTF
assigned personnel, FBI Progrnw Manager, or Team Manager, and all
participatwg Agencies and theu assignees agree that no alleged procedure,
policy, process or practice shall be relied upon or be binding upon the
Participaring Agencies or theu assigned personnel.
g. A�plication of Grievance Procedures. Any CCTF assignees with complaints,
suggestiors, comman*s o* concems regazding the policies, procedures nractices
or decisions of the FBI Program Manager or the Team Manager aze strongly
encrnuaged, butnot required, to firsc infonnally discuss such matters with the
FBI Program Manager or the Team Manager. Any CCT'F assignee who is
unsatisfied with CCTF policies, procedures, prnctices or decisions may refer the
matter tr� his oz her employing agency for processing pursuant to that agency's
� procedure, the sole remedy for which (as enforceable against the
Official Law Enforcement Use Only Cyber Crime Task Force
Standard Operating Procedures (June 2004)
This document contains neither recommendafions nor conclusions oJthe FBL Thi.s docvment is the properry of the
FBI and is toaned to your agency; tt and iu contents m'e not to be disiributed outside your agency.
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CCTF) shall be the disconrinuan.^.e oi fne assignw s assi�enz ra r.'ne CCTF
and his or her retum to his or hei emoloying agency.
Crrievances Tniriared bv CC"!`F °ersonnell CCTF Rasoonse. In the e�en*. that a
y CCT'F assi�ee reiers a matter to tus or her enploying agencY for appropnate
�ievance processin�, the Pazticipavng Agency shall, to the maximum extent
possible, inform the FBI Pro�am Manager or the Team Manager of the nature
and circumstances of the grievance and the agency's �'ievance procedure as
permitted or authorized by that participating a�ency's regulations, policies,
practices, employee related conh'actuzl agreements or consent of the
complainant. The Participating Agency shall order the temporary retum of the
grieving assignee to lus or her employing agency during the pendency of the
grievance procedure uniess otherwise ao_eed to by the FBI Proa am Mznzger or
the Team Manager. The Participating Agency shall, at the conclusion of the
grievance pzocedure, infoim the FBI Program Manager or the Team Manager of
the grievance findings and/or recouunendahons, if any. The FBI Program
Pdzaage: or fl:e Team Manager a:e not bowd by azry such final or i*te:'mediary
decision of any SEA or FEA grievance pmcedure and aze not required to
implement any final or intermediary gnevance recommendarion. fiowever, the
FBI Prograzn Manager or the Team Manager may, in their discretion, oonsider
incorpornting or adopring all or part of any agency's grievance recommendarion.
All Participating Agencies shall insure that discontinuance of an assignment to
the CCTF following an assignee-inihated grievance procedure SHALL NOT be
cons�dered or interpreted as discipline or otherwise negarively affect or reflect
upon that person's performance while assigned to the CCTF.
£ Reoorts of AssiQnee Misconduct or Unsatisfactorv Performaace bv FBI
Proaram ManaQer or the Team Manaeer to Particinatine A¢encies for Possible
Disci�line. In any instance in which an assi�ee, in the judgment of the FBI
Program Manager or the Team Manager, may have engaged in misconduct or
failure to fulfill the mission or purpose of the CCTF as requested, the FBI
Program Manager or the Team Manager sball notify the Participating Agency of
the assignee's employing agency in writing of ffie details of the alleged
misconduct or failure. The notification shall carry no greater weigbt or effect
than any other complaintby another law enforcement agency. The Participating
Agency shall then take such steps as rt deems appropriate in confomuty with the
statutory or conh'actual obligarions, policies, procedures and/or practices of that
agency. The Pazricipatine AQencv shall order t he temnorarv return of the
assienee to their emplovin aeencv durine the pendencv of that asencv's
disci lin or review rocess unless otherwise affeed to bv the FBI Proeram
Manaeer or the Team Manaeer. At the conclusion of the disciplinary procedure
of the employing agency, ffie Participatrng Agency shall norify the FBI Program
Manager.or..the Team Manager of the employing agency's findings, decisions,
and/or actions, ii any. The FBI Program Manager and the Team Manager may
or may nof, in their independent judo nent and discretion, accept fhe findings,
decisions, and/or action of the assigning agency. In the event that conduct is
found by the employing agency not to consritute misconduct or any violarion
Official Law Enforcement Use Oniy �oer Clime Task FOrCe
Standard Operating Procedures (June 2004)
This document contains neither recommendarions nor conclusions of the FBZ This document is the property of the
FBI and ir Ioaned to your agency; ii and its contents are not to be distributed outside your agency.
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D�
requiiing any action, but the FBI Progrnm Mana�er o; tiie Tea� Man�er
nonetheless elecu to discontinue the assig�ment to the CCTF, t.he
diseontinuance of the assignment shall not be cansidered or interore:ed as
discioline or othervnse ne�arively aziect or ;efleet upon 1�at oeison's
pec{olmance while assi�ed to the CCTF. The CCTF is not ho�md by any final
or intermediary disciulinary decision of an employing agenc�, EXCEPT that the
FBI Program Managez or the Team Manager is bound by and shall honor any
agency decision or ruling suspending from employment or oTheiwise suspending
the law enforcemeat powers of any employee. Any federal law enforcement
powers authorized under any federal deputation pro�am shall be suspended
upon the susnension of any state, loca: or municipal law enforcemen: powers.
VII. NON-DISCLOSURE OF INFORMATION/MEDIA POLICY
A. Non-Disclosure Aereement. CCT'F assignees agree not to disclose any classified or otherwise
seasitive case mfo�a.tion to non-CCTF assigr.ees (to :nctude an assigcee's ea:pieying
participating Agency) without the express permission of the FBI Program Manager or his
designee and shall agree to execute any applicable non-disclosure ageements, including SF-312
and FD-868, as may be necessary or required by the FBI. To the extent cuirent or former CCTF
assi�aees desire to disclose outside of their official investigative duries (including, but not limited
to, for purposes of teackung or withm a fiction or non-fiction book) -- any information acquired
from or relating to their CCT'F participarion, they will do so only with advance written permission
and in compliance with the FBI's prepublicarion review procedures. CCTk' assignees have a
convnuing obligarion after leaving the CCTF to maintain their non-disclosure comsnitment If
assignees have access to Title III, FISA, federal grandjury, or other uiformation subject m
shtutory or court-imposed restricrions, the assignee will be briefed by ffie FBI on his or her
responsibilities under any applicable statutes, court orders, or minimizarion procedures.
participating Agencies and assignees agree to be bovnd by all CCTF policies on the disclosure of
information, and agee to consult with the FBI prior to any such disclosure during or after the
assignment. The assignee is encouraged to seek authonzation to disclose information whenever
he or she believes disclosure would be appropriate.
B. Media ln uiries Refesed to the FBI Pro am Mana er or the Team Mana er. All media inquiries
aze to be referred to the FBI Program Manager or the Team Manager. The FBI Progrem Manager
or the Team Manager or lu.s/her desie,pee may comment to the media upon the general opernrion
of the CCTF and the participation of the member agencies and departments after consultation with
the appropriate Participaring Agency(ies). VJhere the inquiry is case specinc, comments, if any,
wiA be left to the discrerion of the submitting law enforcement agency. In the case of the public
release of information by a Denartment of Justice emnloyee or information relating to a case or
matter invesrigated or prosecuted by the Depamnent of Justice, the release of such infomiation
shall-comnly with,the requ¢ements Qf 28 CF.R §50.2.
Official Law Enforcement Use Only CyDef Crime Task rorCe
Standard Operating Procedures (June 2004)
This document conZainr neither recammendations nor conclusions of the FBL This document is the property of the
FBI and is loaned to yaur agency, it and its contents are not to be dutributed outside your agency.
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vII. Fm�HC�T_, �1vn c?v�, r��su.rr�s �v cF?.�'�
A. Federallv Deourized Pezsoanel. The Pazricipating Agencies and their assi�ees aclmowledge that
5nancial and civil liability, if any and in accordance with anplicable law, io: the acts and
omissions of each assi�ee committed in conjvnction with or duriag assianIDent to the CCTF
zemains vestd with the assi�ee's employing agency. Howevei, the United States Department of
Justice may, in its discretion, formally detem'une that an individuat should be afforded a legal
defense and/or indemnification pursuant to federal law and the policies of the Department of
7ustice, for instance to:
1. those sworn law enforcement officers who have been properly federally deputized by an
FEA and aze acting within the scope and course of their deputation and theu duries as
providedbyFederallaw; and
z, those employees formally detailed to a FEA pursuant to 5 U.S.C. §33'74 (the
Intergovemmental Personnel Act of 1970);
B. Federal Tort Claims Act. Congress has provided that the exclusive remedy for the negligent or
wrongfiil act or omission of an employee of the United States government, acting within the scoue
of his/her employment, shall be an action against the United States under the Federal Tort Claims
Act (FTCA), 28 U.S.C. § 1346(b), §§ 2671-2680.
C. "Em Iovee" of the United States. For The limited purpose of defending claims arising ont of a
CCTF in which the FBI is a Participating Agency: Those State or locallaw enforcement officers
who have been federally deputized, and those State and ]ocal personnel who have been formally
detailed to the FBI ox any other FEA pursuant to 5 U.S.C. §3374, and who aze acting within the
course and scope of his or her official duries, details, and assignments pursuant to ftris SOP, may
be considered an "employee" of the United States govemment as defined in 28 U.S.C. § 2671.
See 5 U.S.C. § 3374(c)(2).
D. Scope of Emolovment Under the Federal Employees Liability Reform and Tort Compensation
Act of 1988 (commonly lmown as the WestFall Act), 28 U.S.C. § 2679(b)(1), the Attomey
General or his/her desienee may certify that an individual defendant acted wrthin the scope of
his/her employment at the tune of the incident giving rise to the suit. Id., 28 U.S.C. § 2679(d)(2).
The United States can then be subsrituted for the employee as the sole defendant with respect to
any tort clazms. 28 U.S.C. § 2679(d)(2). If the United States is subsrituted as a defendant, the
individual employee is thereby proteeted from suits in his/her officiat capaciTy.
E. Perition for Scone of Emolovment Desienarion. If the Attomey Genezal declines to certify that an
employee was acting withm the scope of employment, "the employee may at any time before tdal
perition the court to find and certify that the employee was acting within the scope of tus/her
office or employment" 28 U.S.C. § 2679(d)(3).
F. Liabili . The Parlicipating Agencies do not waive, and intend to assert, available liability
limitarions in all cases. Unless otherwise indemnified or immune, each Pazticipating Agency shall
assume the responsibiliry and liability for the acts and oaussions of its own officers, agents, or
employees in connection with the performance of their o�ce duties. For tort liability ouiposes,
G ^�er Crme Task Fc;ce
C�ci=1 Law En£orr.emen: use orly St ndard Operating Procedures (June 2004)
This document contains neither recommendations nor conclusions of fhe FBL This document is the properry of the
FBI and u lomied fo your agency; it and its contents are not to be distributed outside you� agency
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no Particinatin� Agency shall be considered rhe a�ent o: the other Participa�ag A�encies. Each
participavng A�ency shall be liable (ii at all) only for the torts oi ivs own of6cers, agents, or
employees that occur within the scope of their officiai duties.
G. Bivens Ac7ions. Liability for violarions of iederal constiturional law rests with the individual
Federal a�ent or o,�cer, or employee, pursuant to Bivens v. Six Unlmown Named Aeenu oi the
Federal Bureau ofNarcori�s 403 U.S. 388 (1971) or pursuant to 42 U.S.C. § 1983 for State and
local officers or cross-deputized Federal officers.
H. Indemnification. If a federally deputized officer or an employee formally detailed to an FEA
pursuant to 5 U.S.C. §3374 is found to be liable for z constitu6onal tort, he/she may request
indemnification from DOJ te satisfy an adve:se judgment rendered agawst the employee in his/ner
individual capacity. 28 C.F.R. § 50.15(c)(4). The criteria for indemnificarion are substanrially
similaz to those used to detemune whether a Federnl employee is enritled to DOJ representation
under28 C.F.R. § 50.15(a).
I, pualified Immunitv. Both state and federal officers enjoy qua.lified immunity from suit for
consrituhonal torts "insofar as theu conduct does not violate cleazly established statutory or
consritutional rights of which a reasonable person wouid have lmown." Hazlow v Fitzgerald, 457
U.S. 800 (1982).
3. Reoresentation. CCTF pezsonnel may request xepresentation by the U.S. Department of 7usrice
(aad subject to its determination) for civil suits aga'vist them in their indroidual capacities for
actions taken within the scope of employment. 28 C.F.R §§ 50.15, 50.16.
1. An "employee" may be provided representation "when the actions for which
representation is requested reasonably appear to have been performed within the scope of
the employee's employment and the Attorney General or his/har designee determines that
providing representarion would otherwise be in the inteiest of the United States." 28
C.F.R. § 50.15(a).
2. A CCTF assignee's written request for representation should be directed to the Attomey
General. In the case of officers federally deputized through the FBI, or detailed to the
FBI pursuant to 5 U.S.C. §3374, written requests should be provided to the CYrief
Division Counsel (CDC) of the FBI division participating in the CC1'F. The CDC will
then forward the representation request to the FBI's Office of the General Counsel
(OG� together with a Letterhead Memorandum conceming the factual basis for the
lawsuit. FBI/OGC will ffien forwazd the request to the Civil Division of DOJ together
with an agency recommendation concemmg scope of employment and Departrnent
representation. 28 C.F.R § �0.15(a)(3).
K Notification o£ Clauns. The Participating Agencies agee to notify each other of any clann or law
suit arising out of an activity conducted piusuant to this SOP or the relatzd MOU. Nothing in
this para�aph shall prevent any Participating Agency made a party to or affected by any claim or
law suit from conducting an indzpendent adminish'ative review of �y matter giv;ng rise to the
claim or lawsuit All Pazticipating Agencies agree to cooperate fully with one another in the event
Ofriciai Law enforcement lise Oniy Cyber Crime Task Force
Standard Operating Procedures (June 2004)
This documenl contains neither recommendations nor conclusions of the FBL This document is the properry of the
FBI and 'u doaned to your agency, it and iu contents are not to be distributed ouzride your agency.
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of an adminisaative review or official investagation of alIeaed nealigence or misconc�zc*. a.'�sing
out of activiry conducted pursnant to tlus SOP or the related MOU. NoThing in this paragraph
shall be constcued as supplanting any aoplicable sta.Nte, rule, or regulation.
1X. VEHICLES, EQUIPMEn°I', PROPERTY, AND GIFTS
A. Vehicles.
1. Pazticinatine A encies to Sun�lv Theu Assienees with Vehicles, Transportation, both to
and from the CCTF and in support of the mission and operational requirements oi the
CCTF, will be the responsibility of and provided in accordance with the policies and
procedures of the assignee's employing agency. Except as provided in subpara�raph
IX.A.2 below, each Participating Agency ao ees to defend, indemnify, andhold all othei
Participating Agency members from any claims or liability arising out of the use of the
foimer's velucles.
2. FBI Vehicles. On a case-by-case basis, and as may be subject to a sepazate vehicle use
agreement, an FBI division may authorize State or local law enforcement personnel
assigned Yo the CCTF to use (operate oz be tcansported in) available velvcles owned or
leased by the FBI when necessary and in direct support and in connection with the
official business of the CCT`F. When such vehicle use is authorized, the employing
Partrciparing Agency agrees to be resoonsible for, defend, indemni "ry, and hold the FBI
and the United States hazmless for any claims or liability resulting from its asstgnee's use
of the FBI owned or leased velucles, and for any damage to said vehicles or to CCTF
assignees or third parties as a result of any action or omission on the part of the
Participafing Agency or their employees. When authorized, CCTF assignees vsing FBI
vehicles agree to opemte the velucles in accordance with all applicable FBI rules and
regulations as ouflined in the FBI Manual of Administrative Operations and Procedures
(MAOP), Par[ I, Section 3.1.
B. Properiv of Participarinz Aeencies Terminatine Their Relationshin with the CCTF.
Equipment and other tano ble property, excluding monies, provided by Panc�ipahng A�ncies will
remain the properry of each agency and will be reirieved by that agency withim m�ety (90) days of
the teimiaation of that agency's relationship with the CCTF, unless otherwise agreed to in
writing. Equipment and other ta.ngible properry not so reh shal] be deemed abandoned
prooeriy h�ansfeaed in tifle to the FBI for the collective benefit of the CC'I'F Pariicipating
Agencies until termination of the CCTF.
C. Certain Taneible Properties & Monies Acquired for CCTF Use. Unless otherwise directed by the
FBI, or mandated by applicable law, the following tano ble property and monies -- where
acceptance is authorized -- shall be used for the collecrive benefit of acrive CCTF Participating
Agencies during the e�stence of the CCTF:
1. Tangible and intangible properiy and�or monies forfeited to any Participating Agency
primarily as a result of services rendered by the CCTF;
2. Tan�ble and intangible property and/or monies ob:ained through a grnt by cr for the
CCTF; and,
�icia; Law Erforcemen.,Use Cniy Cyb'c Cn171e Task FGfCE
Standard Operating Procedures (June 2004)
This document contains neither recommendations nor conclusions of the FBL This document is the property of the
FBI and is loaned to your agency; it and Its contents are not to be distributed outside your agency
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3. Tangible and intangible propeny and�or monies e�ressly donated to or for the CCTF.
D. Intellecmal Pro�ertv. Intellectual Properry ri�hts genernced, in whole or in part by or as a
consequence of the opernuons oi the CCT'F shalI be �ovemed as follows:
2.
3.
All patentable rights generated by 1) FEA pexsonnel, 2) personnel assigned to an FEA
p�ssuant to 5 U.S.C. § 33'J4, and/or 3) SEA swom law enfoLCemenc pecsonnel who have
been federnlly deputized and assigned to the CCTF, shall be the properry of the United
States Govexnment, the disposition of wluch shall be govemed by Bxecmive Order
10096, or its successor, and 37 C.F.R, Part 501 as may be amended.
All patentable rights generated by any non-for-profit organization or small business
wluch were funded, either in whole or in part, under gants, conirncts or cooperarion
a�eements wiTh the United States Govemment shall be conffolled by and disposed of
pursuant to 37 C.F.R., Part 401.
All other intellectual properry rights and interests generated in whole or na part by the
CCT'F assienees, or otherwise generated in whole or in part through the use of equipment
or properiy gi'anted, Purchased, donated, forfeited or abandoned to or for the benefit of
the CCTF shall transfer to or be tided in ihe name of the United States Government for
the collecrive benefit of the CCTF Participating Agencies and shall be controlled by the
United States Govemment, except that intelleeNal properiy rights in educational texts,
journals, or tseatises of assignees which have been subject to pre-publicarion review and
approval shall not, in the absence of a specific directive by the FBI, inure to the benefit
of the CCTF, but instead shall be govemed by ffie policy of the assignee's Participating
Agency, if any.
E. Educarional Texts & Joumals of Assienees. Except as authorized by the FBI Program Manager
or the Team Manager, no assi�ee shall disseminate to the public at lazge (during the existence of
the CCT'F) any text, joumal, h'e.afise or other material relaring to the investigation or prosecurion
of cyber crime or the collection, acquisirion ancllor interceprion and examination of digiial
evidence which discusses or discloses any investigative informadon, or any policy, practice, or
procedure used by the CCTF or any of its Pazticipating Agencies, past or present, which has not
cleazky been identified as authorized for public dissemination, or has otherwise not been made
public. 13or shall any assignee diseSose his oi hei present affiliation with the CCTF except in
accordance v✓ith � C.F.R. §2635.807(b) in a manner approved by the FBI Program Manager or the
Team Manager.
F. Assumntion of Risk of Loss of Acenev Properiu. Each Participating Agency a,gees to assume
the risk ofand financial responsibility for dama�e to or loss of its property as a result of its use by
or in conjuncrion with CCT'F operations.
G. Ooera4onal Supplies/Equivment Office supplies, eauipment, fiuniture and other oroperty
necessary to operate the CCTF shall be provided to the CCTF by Panc�ipating Agencies and(or be
purchased through available funds by the FBI Pro�am Manager or, as separately authorized, by
the Team Manager or his/her designee.
CfFicia: Law Enfc:cemer.t �Jse Cn;q Cybe� Cnme Task Ferc°
Standard Operating Procedures (June 2004)
This document contains neither recommendations nor conclusions of the FBL This document ir ihe property of the
FBI and is loaned to your agency; it mxd zts contents m-e not to be d'utributed outside your agmcy. .
-17-
Ol�-�y
_u_ Crif}s b� rion-Gove:nmen�l_ Non-Parncivarine Entiues. Neither the CCTF, any Participa5ag
Agency, nor any assi�� m the CCTF inay solicit or accept any monies, or any tanv,,ible or
intanmble pronerry o* seivices wiThou! jut compensation in exchznge therefor, for the benefit oi
any Deparcment of Jusuce °articiparing Agency or assi,gnees oi /deailees to such a D07 A�ency
from any non-Pazticipatin� Ageney or non-govemmental entity or person, exceot thaT:
1. Nothing in this provision shall prohibit the solicitation, temporary or incidental
acceptance of infomiation or soflwaze from any person as may be necessitaced by the
need to conduct an analysis oi evidence in a case-specific matter;
2. NoThing in this provasion shall prolubit the solicitation oc acceptance of any technical
tr-dining offered to all law enforcement wiuch is not promotional in nature and may be
solicited o* accepted in accordance with applicable :ules, regulations and laws;
3. Nothing in th:s provision sha11 prohibit any SEA, acting in accordance with is apglicable
rules, regulations and laws, from soliciting or accepting on behalf of any SEA any
properiy, monies or services for the benefit of the SEA, or fellow SEAs, regardless of
whether such properry, monies or services shall be used by personnel assigned to the
CC'?'F, prov:ded tha*.:
a. Title to property so sohcited andlor accepted shall not pass to a Federal agency;
and,
b. The origin of property so solicited and/or accepted during the existenoe of the
CCTF shall be disclosed to the FBI Program Manager or the Team Manager if it
is Used by the CCTF generally or is made available to all assignees;
4. Nothing in this provision shall prohibit the acceptance or solicitation of any �ft by any
Federal agency in accorda.nce wrth 28 U.S.C. § 524(d)(1) and applicable DOJ orders, or
any amendments thereto or other lawful authonty. All DOJ entities and theu
assignees/detailees shall, at all rimes, comply with 5 C.F.R. 2635201 et. se . as well as
any rules and regulations of their respective agencies.
X. COSTS. Unless otherwise provided herein or in a supplementary writing, each Participahng Agency shall
bear its own costs in relahon to this SOP and any related MOU. Even where a party has agreed (or later
does agree) to assume a pariiculaz financiai expense, the par[y's express written approval must be obtained
before the incurring by another pariy of such expense. All obligations of and expenditui'es by the parties
will be subject to their respective budgetary and Sscal processes and availability of funds pursuant to all
laws, regulations, and policies applicable thereto. The pariies aclmowledge that there is no intunation,
promise, or guasantee that funds will be available in future yeazs. .
XI. NO THIRD PAR'i'P RIGHTS. This SOP is not intended, and should not be constxued, to create any
right or benefit, substantive or procedural, enforceable at law or otherwise by any third pariy against the
parties to any related MOU, the CCTk', any CCTF Participating Agencies, the United States, or the
ofncers, emp]oyees, agenrs, or other associated personnel thereof.
XII. MODIFICATI01�'S AND AMENDI�'IENTS
A. Modificarions/amendmentstottrisSOPshallbebroughttotheatten
O�cial Law cnforcement Use Oniy Cyber Cflme Tesk �ofce
Standard Operating Procedures (June 2004)
This document contaires neither recommendations nor conclusions of the FBL This document is the properry of the
FBI and is Zoaned to your agency; it and its contents me not to be distributed outside your agency.
_j$_
�i�-�
B. Particinatin�AgenciesandTheirassign.eesareboun�bythetennsofth.isSOP
to time, although a Particioating Agency may terminaze iu patticipation with the CCTf pursuantto
the temvs of the related MOU.
C_ participating Agency will not be considered bovnd by any amended terms oi the SOP during any
norice period (currendy 30 days) required by the MOU prior to teiminating participation.
XIII. LEGAL CONSTRUCTION AND SEVERABILITY
A. If any poriion of ttus SOP or a related MOU is declazed invalid by a court of competent jurisdichon,
this SOP shall be consffned as if such portion had never existed, unless such construction would
constitute a substantial deviation from the intent oftheParticipating Agencies as reflected inthis SOP
or a related MOU.
B. If any portion of this SOP or any related MOU aze found to be in conflict, The MOU shall be deemed
to control.
r.x�x
end
C�icial Law Erfc:ca�-ent Usa C. Cyber Cr�r2 Task Fcrce
Standard Ope2ting Procedures (June 2D04)
Thrs document contairr.r neither recommendakons nor conclusions of the FBL Th£s document is the property of the
FBI and is loaned to your agency, it and zts contents are noi to be d'uTribvEed oufside your agexcy.
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