06-642Council File #
Presented By:
Green Sheet #
D� -��Z._
3031092
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Referred To: Committee:Date:
1 RESOLVED, that the City of Saint Paul, Police Department, acting through its Minnesota Internet
2 Crimes Against Children Task Force is authorized to enter into the attached Memorandum of
3 Understanding with the Minnesota Cyber Crime Task Force (MCCT�. A copy of said agreement is
4 to be kept on £ile and on record in the Office of Financial Services.
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Yeas Nays Absent Requested by Deparhnent of:
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Adopted by Conncil: Date:
Adoption Cerrified by
BY� ��/nu .
Secretary:
Approved
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RESOLUTION
CITYAF SAINT_PAUL. NIINNESOTA
Approved � or for Submissi n to Council:
By:
Q:�Fiscal W O&CR�2006\MNCyberCrimesTaskForcelCA0.cc2006.x1s
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
06 - b�a--
DepartmenUoffice/councit: Datelnitiated: GPP.eII S�eP.I NO 3031092
Pp — PoGceDepartment ' 20-JUN-06
Contact Person 8 Phone- Deoartrnent Sent To Person fnitiaf/Date
Chief John Hartington � 0 olice De ar[men[ Potice De a nt
266-5588 . p�j 1 olice De artment D artment Director
Must Be on Council Agenda by (Date): Number y i pttorne ti A ome
For
Routing 3 or's Office Ma or/Assistant
Order 4 ouncil Coancil
5 � C1erk Ci Clerk
6 olice De artment Police D rtment
Total # of Signature Pages (Clip All Locations for Signature)
Action Requested:
Signatures on the attached councIl resolution authorizing the City of Saint Paul, Police Department, acting through iu Intemet Crimes
Against Children Task Force (ICAC) to enter into the attached Memorandum of Understanding (MOin with the Minnesota Cyber
Crunes Task Force (MCCTF).
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following 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/firm possess a skill not normally possessed by any
- current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The ICAC will participate in the MCCFT. The MCCFT mission is to investigate and apprehend technologically advanced criminals and
to protect our communities by prev8nting technologically advanced crime and nauonal security threats involving computers and
computer networks. For more information regazding this council resolurion please give Cdr Neil Nelson a call at 651-266-5882.
AdvantapeslfApproved:
Opportwrity to partnership with outside agencies to investigate and apprehend technologically advanced criminals.
DisadvantageslfApproved: '
None.
DiSadVanWges If NOt Approved:
Lost opporhmity to partnerslup with outside agencies to combat technologically advanced crixnivals to protect our communities and
prevent national security threats involving computers and computer nerivorks.
Total Amount of � CostlRevenue Budgeted:
Transaction: � � � � � � � �
Funding Source: 'ActivitY Number:
Financial Infocmatio�: ���R �e�����} {��q�f�� �� � r� � '��Qs
(Explain)
&� € ! i /y��A.l �"A I V ��
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1VIIlVNESOTA CYBER CRIME TASK FORCE
MEMORANDUM OF` U
J(,'LNT POWERS A_GR�'EME?v'_r
A. PP,RT�S. :`�••is Memorandum of Understanding (MOLT} is entered into bv the foilowing
"Par�icipating Agencies":
1. Federal Bureau of Invesfigation (FBn (Authorized pux�uant to 28 USC 533, 534; 28 C.F.R. § O.SS)
2. Bureau of Cruninal Apprehension
3. Minnesota Internet Crimes Against Children Task Force
4. Saint Paui Police Department
S. Ramsey Counry Sherif�s Office
6. Minneapolis Police DeparEment
7. Hennepin County Sheriff s Office
B. PTJIL.D^S�'. This P.�OU delineates the respc..s:bilities and cc.�.�i�nents of the
Participating Agencies in the Minnesota Cyber Crime Task Force (MCCTF), Minneapolis,
Minnesota. The MOi1 also ouflines the mission and procedures for the MCCTF, which are
described in greater detail in the Standard Operating Procedures (SOP) utilized by the
iviCCTr.
C. MISSION. 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 computexs and computer networks. The
MCCTF is established on the premise that the capabilities of law enforcement agencies to
investigate computer and high technology related crimes aze enhanced in a task force
setting involving the sharing of resources and e�pertise. The MCCTF will utilize its
specialized resources to investigate, and to prevent when possible, cruninal cases and
national security threats when: (1) Computers and other tecluiologies are the target of a
crime; (2) computers and other technologies are the principal instruinentality of a crime; or,
(3) computers and other technologies are 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
wiii_ not i�!ewingly be snbject t^ sepazate ar.d/�z i.^.deper.de.^.: e�utside law enf rcer.�er.t
efforts by any of the participating or referring agencies. Each Participafing Agency shall
make proper internal nofification regarding the MCCTF's existence and areas of
investigation.
E. PROS�CUTdONS. Inves�gations wl�ich occur within the MCCTF will be brought before
the United States Attorney's Office (USAO) for appronriate prosecution. If the USAO, in
Official Law Enforcement Use Only Standard Cyber Crime Task Force MOU (Sune 2004)
This document contains neither recommendations nor conclusions of the FBL This document is the properry of rhe
FBI and is loaned to your agency; it and its contents are not to be distributed outside your agency.
D l� - (� �a--
conjunction with the FBI and the USSS, determine that a Federal prosecuuon is
unwarranted with respect to a particulaz investi2ative matter an aiternarive forum may be
considered. This detem shall be based on the evidence obtained and a
considzration of which method of prosecution will result in the a eaiest benefit to the
overall objectives of the MCCTF and the coaununity.
F. DOCUMEi�TS AND t3LJ'I`HORTI`iES IlV��RPQR?,TE,'�3 EY REFERENCE. Tbz
Participating Agencies agree to abide by the separate document fitled "C�ber Crime
Task Force Standard Operating Procedures." The MCCTF SOP, as updated from
time to time, is fully incorporated by reference into this MOU.
G. ADNIINISTRATIVE RESPONSIBILITIES
1. Sha:ed Res�nsibilit�es: F,:1 participans of the MCCTF acknowledge that this is a
joint operation with all Participating Agencies acting towards a common goal.
Accordingly, the mission and objectives of the MCCTF will be a shared
responsibility of the Participating Agencies.
2. Lead Aeencies: 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 wark assignments and
ir_ves±iga+�ve :natters. e,��, T�iTr('TF in�J°.3t:�?.*:`J°. :SS»eS ::'�'1,^,�: C�y �Jt �Je'a�C:rl�Yl 7���
the lead agencies, will be decided by the USAO.
3. FBI/USSS Pro�ram Managers: The daily operafionat control, management,
supervision of, and responsibility for operations of the MCCTF shall be vested in an
FBI and USSS Program Managers. The FBI/CTSSS Program Managers sha11 be a
swom law enforcement officer (an FBWSSS Special Agent or Supervisory Special
Agent) assigned by :us/her respective FBI/USSS Fie1d Office to the MCCTF. The
term of office of the FBI/USSS Program Manager generally shall be a minimum of
one (1) year, full-time, to commence upon appointment.
H. PERSONNEL
1. Membershio: The MCCTF shall consist of a combined body of investigators and
support personnel from the Participating Agencies.
2. No Emplovment bv the MCCTF: The MCCTF does not directly 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. Responsibility for Conduct: Persannel assigned to the MCCTF inay not engaae in
any activity which, either in appeazance or in fact, conflicts with their duties at the
MCCTF 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 Participatir.g Agency shall ens•,u�e t�':at thei� e:nplopee partic:pants :emain
Of£cial Law Enforcement Use Only
Standazd C�ber Crime Task Force MOU (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 contenu are not to be distributed ouuide yow agency.
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D��C��f�
subject to and adhere to the standards of conduct, personnel rules, regulations, laws,
and policies applicable to those of their respective agency.
4. Assianment to the MCCTF Personnel selections for the MCC"T'F are at the discretion
of the FBWSSS and each respective Participating Agency. Personnel wi11 be
selected based on ttse needs of the MCCTF and the Participatin� Agencies. As a
general matter, all personnel should make a mivimum two-yeaz work commitment to
the MCCTF due to the speciaiized nature of the wo.-k and applicable training. The
MCCTF realizes that not all law enforcement agencies can be bound to a full time or
hatf-time commitment, but rather a working relationship, agreeing to provide
electronic crimes assistance if requested, and as availability of their manpower
pernuts.
a. rn�o�Taox �.����r���r
1. Records and Reports: 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 docusnents for uploading into an
electronic database if deemed necessary. In addition, classified information shall not
he ni2�Pd i� a nnn-�PGlPral Partirinatina 11 oPn�:�a,� f��S �n,T mayntg�nP� n'�t�c,:A�a, �f,?
r Y"""'o "
accredited MCCTF location unless approved in advance and in writing by an FBI
Security Officer.
2. Non-Disclosure A gzeement. MCCTF information only may be disseminated on a
need-to-know basis and as expressly permitted. No MCCTF information may be
disseminated outside of the MCCTF without the express written permission of the
FBI and TJSSS and in accordance witii the applicable laws and i:�ternal regulaµons,
procedures, or agreements between the FBI/USSS and other agencies that would
pernut such agencies, including MCCTF participants' employing agencies, to receive
FBWSSS information directly.
3. Media: No member of the MCCTF will unilaterally discuss or othercvise 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.
J. LIABILITY. The FBWSSS makes no representation that the United States will provide
legal representation or indemnification to any law enforcement officer or employee
assigned to the MCCTF. Legai representation and indemnification by the United States is
determined by the Deparhnent of Justice (DO� on a case-by-case basis pursuznt to legat
standards and DOJ policy.
O�cial Law Enforcemeet Use Only
Standazd Cyber Crune Task Force MOU (June 2004)
This document contarrrs neither recommendatioru nor conclusions ofthe FBL This document is the property of the
�'BI and is loaned to your agency; if arrzd ifs contents are not to be distributed oufside yow agency.
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�l�-���
K SALARIES A1VD FUNAING
Salarv and Compensation: Sataries, benefits, taxes, and withholdings of MCCTF
members will be paid by their respective agencies.
Overtime: Overtime may be compensated to MCCTF members by their respective
agencies in accordance with their applicable overkime provisions.
Fundin2: 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 parry shall beaz its own costs in relation io
this MOU. Expenditures by each parry will be subject to its budgetary processes and
to the avaitability of funds and resources pursuant to applicable laws, regulations,
and policies. The parties expressly acknowledge that the above language in no way
implies that Congress will apnronriate funds for such expenditures. The FBI will be
responsibie for the tease payments and all other expenses associated with the office
space utilized by the MCCTF.
i, �r,m�'r�n;v �,�vr,� i,yr�n�r�rr ��rrn�j nr� Tur �p,r�rT mw c.L: �,,rnr r.,L,.>> �
v ii�i�.ca.iiv. va aia.0 Ivv. luZ icitu vl uu51 ivv Jllcui c
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 terminate its participation by giving
30 days written notice of its intent to terminate. Should a Participating Agency terminate
its participation, it must return any equipment to the supplying en6ty. Similazly, as soon as
practicable, and consistent wi�h ongoing investigations, remaining 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 parEies. This MOU may be signed in
counterparts.
M. NO TEiIRD 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 FBWSS5) against the parties hereto, the United States, or the o�cers,
employees, agents, or other associated personnei thereof.
N. EFFECTIS� DATF APII) AD�ITIONESZ. PAl2TIES. As among the original parties,
this MOU shall become effective when signed by the FBI and the duly authorized
representative of at least one other agency. The parties anficipate that the FBI/iJSSS will
enter into similaz MOUs with other Participaring Agencies.
OfScial Law Enforcement Use Only
Standazd Cyber Crime Task Force MOU (June 2004)
This document contains neither recommendafrons nor conclusions ofthe FBL This document is theproperry ofthe
FBI and is Ioaned to your agency; it and its contents are not to be dzstri6uted outside your agency.
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SO AGREED on behalf of the entities/organizations below:
Minnesota
Neil Nelson, Co�iunandzr (SPPD}
Minnesota ICAC
� �
Date
Date
Offictal Law Enforcement Use Only
Standard Cyber Crune Task Force MOU (June 2004)
Thzs document contains neither recommendatiorrs nor conclusions of the FBL This document is the properry of the
FBI and zs loaned to your agency, it and its contents me not to be distributed outside your agency.
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Michael Tabman
Special Agent in Charge (FBI)
Ole C� ��
CYBER ( :RIME 'I`A5K FOR�E
(CCTF)
STANDARD OPERATING PROCEDURES
(SOP)
Official Law Entorcement Use Only Cyber Cnme Task Fofce
Standard Operating Procedures (June 2064)
This document contains neither recommendakons nor conclusions of the FBL This docu»zenf is the property of the
FBI and is loaned to your agency; it and its contents are not fo be disbibuted outside your agency.
6 ( ld-��
A MESSAGE FROM TI�E FBI
The first FBI-ied Cyber Crisne Task Force (CCTF} was established in Pittsburgh in
1997. Since that time, the need has grown even stronger for pulling the law enfarcement
commuuity together to meet the challenges of high technology crime. The task force model
has proven successful to combat a wide range of the most challenging threats to our nation,
including domestic and international terrorism, narcorics smuggling, organized crime and,
now, cyber exploitation.
Many members of the CCTF have also been members of other task forces, and their
prior experience and insights will prove invaluable to fhis ei"iort. i�riiers wiii nnd tneix ser�ice
with the CCTP to be an entirely new undertaking; we look forward to their fresh ideas and we
welcome them to our expanding integrated law enforcement network.
Working together, pooling our unique capabilities, resources, and energy, we are
confident that the greater law enforcement corilr�uniry can and will xnake cor.siderable
proa ess in preventing cyber crime, protecting our critical infrastrdctures, and bringing to
justice those who would take advantage of ever-changing technologies to do us hazm. We
wish you every success.
O�cial Law Enforcement Use Only Cyber C�ime TaSk FofCe
Standard Operating Procedures (June 2004)
This document contazns neither recommendations nor concZusions of the F$L This document is the property of the
FBI c�d is loaned to your agency; it and its contenu me nof to be distributed outside your agency.
D � .-� ��-
TABLE OF CONTENTS
I. CCTF PRIORITIES �n'D CASE ASSIGAi�NTS . . . .. . .. . ... . .. . .. .. . . .. ... . . . . . ... . . .. .. .. . -1-
Investigative Priorities ...................................................................�'_1_
Non-inves4aative Priorities . ................................................................ _
II. ORGANIZATIONAL STRUCTURE .. . . . .. .... .. . .... . . .... .. .. . . .. ... .. .. .. .. . .. . .. ....... .1-
Law Enforcement/Interaovernmental Entity . ...................................••-••�•••••-�'
�7aily Operafional :.onh'oL• FBI P: ogra� Ma :zge: znd Parficipa*�� P_gency Team Manager. ........-2-
III. ASSIGNMENT OF CASES/EXCLUSIVITY OF DUTIES DURING ASSIGNMENT TO THE CCTF .. -3-
IV. OPERATIONAL MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-
, ....: _,__ . . . . . . .. . .. .. . . ... .... . .3-
Fiftorney i�nera, v �.d�,.�.es . . .. .. . . . . .. . . . .. .. .. . .. ... . . . .. .. .. . . . . .
F7eld Tactical Operations . ..................................................................
Undercover Operations.� .................................................................. 4
Officer Involved Incidents. ' ' ' � � ' ' ' ' � ' S
.....................................................
V. INVESTIGATIVE AND EVIDENTIARY PROCEDUR�S . . . ... . . . . . . . . .. . . . . . . . . .. .... . . . . . .. . -5-
No Superseding Standard of Care, Duty or Conduct ••••""' ' -5-
.................................
AppIicableInvestigative Legal Process . .......................................................
ReportFormat .....................5-
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.........................................
FBI Databases and Information 5ystems . .....................................................
Forensic Examination Procedures. " " " " " " " """ —
......................................
VI. ADMIlVISTRA PROC�DiTRES . . . . . . . . . . . .. . . ... .. .... _. . . . .. . . . . ... . . . .. . . . . . . . . . . . . . . -7-
Cross-deputation of Sworn Personnel ........................................................-7-
T_ntergovernmental Personnel Act Assignments to Federal Agencies . .. . . . . .. . . . . ....... .. ... ... .. . .8-
Personnel AdministrariveIssues ................................................•-�••• " '��_10-
PersonnelFinancialIssues ................................................................ _
VII. NON-DISCLOSIIRE OF INFORMATIONlMEDIA POLICY . . . .. ......... . . .. . . . . ... . . .. .. . . . -13-
Non-Disclosure Agreement. .................................13-
.............................
Media lnquiries Referred to the PBI Program Manager or the Team Manager . . . . . ... . . . . . . . .. . .. .13-
VIII. FINANCLAL AND CTVIL LIABTLTTIES IN GENERAL ... .. . . . . . ... . .. . . . . . .. . . . .. .. . . .. . . . .. -14-
Federally Denutized Personnel. ..........-14-
..................................................
FederalTort Claims Act . ................................................................
"Employee" of the United STates. . . . . . . . . � • • • • • - • • ' ' ' ' ' ' ' ' ' ' ' -1¢
.............................
Scope of Empioyment . ....................................................................
Petition for Scope of Employment Designarion. .. . . . . . . .. -14-
....................................
Liability. . . . .. .. ... -14-
...........................................................
.........
Bivens Acrions. ...........................-15-
..............................................
O�cial Law Enforcement Use Oniy Cybef C�me Task FofCe
Standard Operating Procedures (June 2004)
Thu document contains neither recommendations nor conctusiotu of the FBI. Thzs document is the property of the
FBI and is Ioaned to your agency; it and its contenu are not to be dzrtributed outside your agency.
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Indemnification . ........................................................................
Q ualifiedImmunify. ...---� .............................................................
Representation . .........................................................................
Notificarion of Claims. ...............................
....................................
IX. VEAICLES, EQUIPMENT, PROPERTY, Ai\'D GIFTS . . . . . . . . - � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-
Vehicles. .......... ....................................................16-
...............
...
Property of Participating Agencies Terminatina Their Relationslup with the CCTF . ... .. ...... .... -16-
Certain Tangible Properties & Monies Acqu'sed for CCTF Use . .. . . .. . . . . . . .. ..... . . ... . . . ... . -16-
Fntellectual Property. ......................-17-
..............................................
Educational Texts & Journalsof Assignees . ..................................................
Assumprion ofRisk of Loss oFAgency Property . ............................................
OperationalSupplieslEquipment ..........................................................17-
Gifts by Non-Governmental, Non-Participating Entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -18-
X. COSTS .. ............ -18-
..................................................................
XI. NO THIRD PARTY RIGHTS ... . . .. . . .. ... . . . . . .. . . ... . . .. .. .. . . . . . . . ........ . ... . . . . . . . . .1&
XII. MQDIFICATLONS AND AMENDMENTS . . . .. . . .. . .. ... . . . . .... . .. .. . ... . . . .. .. .. . . .. .. .. . .:8-
XIFI. LEGAL CONSTRUCTdON AND SEVERABILITY . . . .. .. . . . . . ... ... . . . . ... . .. .. .. . . . . . . . . . . . -19-
Official Law Enforcement Use Only Cybe� Cnme Task Force
Standard Operating Procedures (June 2004)
This document contains neither recommendations nor conclusioru of the FBL This document is theproperty of the
FBI and is loaned to your agency; it and its contenu are not to be distributed outside yov.r agency.
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D�-loL/�
I. CCTF PRIORPTIES Ari�D CASE �SSIGNNLE�`TS
A. Investiezrive Prio*iries. '?'he i.ves� �ative prioziries of the CCTF shall be to urevent, detect, deter,
and brin� to juscice, those persons and or�anizations involved in the following ille�al acrivities:
1. The comaussion, attempted commission or conspiracy to commit any act which results in
the compromise of the inte� availability, or confidentiality of the contents of any
computer, computer network, or sianlaz devices using high technolo� es which results
directly or indirectly in:
a. Physical injury to any person,
b. A Threat to public health or safety, or
c. A ttueaY to t1�e National Security of the United States;
2. The unlawful access, destruction of, or unauthorized entry into private or �ovemment
computers or computer netwoxks;
3 '!'he dissesination of softwaze often known as viruses and woans, that results in the
criminal misuse of computers or computer networks;
4. Idenrity theft facilitated by compucers and high technology;
5. Intemet fraud;
6. SoRwaze piracy and other unlawful uses of intellectuat properry;
7. Internet threats; and,
8. Sexual exploitation of children over the Internet, including child pomography.
B. Non-invesriearive Paorities. The non-vnvesrigative pr.orities of the CCTF shall be as follows:
1. To facilitafe and promote the shazing of federal and state law enforcement expertise and
infomiation about the investigarion and prosecution of computer-related and technology-
facilitated crime with law enforcement personnel and p;osecutors; and
2. To provide training and education for federal, state, and local law enforcement personnel
and prosecutors regazding the investigation and prosecution of computer-related or
technologically-facilitated crime.
II. ORGANIZATIONAL STRUC'i'(JRE
A. Law Enforcementllnter¢overnmental Bntitv. The CCT'F is a multi �urisdictional task force
comprised of personnel assigned primanly from law enforcement and criminal jusrice agencies.
The CCTF is not intended to, and shall not, be deemed to have any independent legal status
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 cons�ued to
create a partnership or joint venture, to create relationships of an employer-employee or principai-
agent,_or to otherwise create any liabil3ty for one agency whatsoever with respect to the
indebtedness, liabilities, and obligahons of the other agencies or any other parties.
O�cial Law Enforcement Use Only Cybe� Cnme Task FofCe
Standard Operating Procedures (June 2�04)
This document contains neither recommendations nor conclusions of the FBI. This document is the properiy of the
FBI and 'u Zoaned to yaur agency; it and its contents are not to be distributed outside your agency.
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D�-���
B. Dailv Onerntional Con�oi: FBI Pro�am Manaeer and Pazticioatina AQencv Tea� Manaeer.
i�
2.
3.
'Phe da=1y operational conffol management sunervision of, and resoonsibiliry for
operations of the CCTF shall be vested in an FBI Pzo�'am Manager. The FBI Proaram
Mana er suall be a sworn law enforcewen` o�cer (ar. FBI Snecia: Aaen: cr
Sunervisorv Snecial Aeentl assi2ned bv ]vs/her resnechve FBI Field Office to the
CCTF. The term of office of the FBI Pro�uu Manager generally shall be a mmimum oi
one (1) year, full-rime, to commence upon appoinhnent.
Day-to-day operational matters may be assi�ed by the FBI Pro�ram Manager to a Team
Manager. The Team Mana er shall be from a Particivatina A¢encv other than the
FBI and shall be selected bv the FBI in consultafion wrth all CCTF Panc�roarine
Aaencies. The Team Manager shali be a full-hme employee assigned to the CCTF. The
term of office of the Team Manager generally shall be a minimum of one (1) year, full-
time, to commence upon appointment.
FRi nroeram Manaeer and Team Manaser Duties. The FBI Program Manager shall be
responsible for the day-to-day operntions of the CGTF. Specifically, the FBI Progzam
Manager, who may delegate as appropriate to the Team Manager, shall be responsible for
proposing�, implementing and enforcing such policies, procedures, practices andJor mles
(in consultation with the Participating Agencies) as may be necessary or reasonably
calculated to effectuate the pmposes and mission of the CCTF, including:
a. assi�mg cases which aze subuvtted to the CCTF;
b. prioritizing the assignment of cases in conformity with this SOP;
c. assigning responsibiliries relating to aduiinistrative and/or educa�ional duries;
d. establistdng minimum qualificarion standards for prospective personnel offered
for detail to the CCTF;
e. establishing additional ethical and conflict of interest guidelines for assignees
and operations of the CCTF to supplement and augment the ethical and conflict
of interest guidelines or mles 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 subvuttSng quarterly reports to the Pariicipating
Agencies regarding non-case specific data reflecring the operations and
activities of the CCTF;
h. eoordinating and controlling contacts with and responding to mquines from
members of the mass media in consultarion with the appropriate Panc�ipating
Agencies, or submitting law enforcement agency, if the inquiry is case specific,
i. requesting, when necessary, properiy, equipment, suppiies or material from
Panc�iparing Agencies;
j. maintaining an annual inventory of all property used, held by or on behalf of the
CCTF, which inventory is to be recorded annually; and,
k. performing such other functions and duties as aze reasonably related to the
successful operation of the CCTF.
T°am Manaeer Rerewal/'i'er_r.inat±onlResoval. The term of office of the Team
Manager may be renewed without limit by the FBI Progam Manager, contingent upon
the continued consent of the Team Manager's employ;ng Participaring Agency. Barring
O�cial Law Enfwcement Use Onry Cyb2r Cflme TaSk ForCe
Standard Operating Procedures (June 2004)
Thir document contains neither recommendations nor conclusions of the FBL Thir document is the properry of the
FBI and zs loaned to your agency; it and its contents are not to be distributed outside your agency.
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extraordinazy circvmstances, the Participating Agency emnloying the Team Manager
shall not withdraw consenc exceoc upon nrior written norice oi not less than thiriY (30)
t�.z��s to t�e FBI pro�-a� ]?a�2.�er. The T'ean Manager shall serve wtil the eazLer of.
A) expirarion of the term; B) his or her resi�arion; C) removal from the Team Vtanager
position by tne ial Program Manager; or, D) removal fro�. e�ploy�ent o; the Taam
Manager position by his or her Participating Agency.
III. 9 SSIGNMENT OF CASES/EXCLUSIVITY OF DUTIES Di7RING ASSIGN1vIENT TO THE
CCTF
P_. Cases generally will be assigned for investigation to CCTF assignees at the discretion of the FBI
Program Manager or the Team Manager without regazd to the identity of the assignee's employuig
agency or the idenrity of the submitting agency, except that cases or categories of cases requuing
specific security cleazance or lawful authority (e.g., state or federal grandjury investigations
requring express court-authorized disclosure, Foreien Intellieence Surveillance Act (FISA) or
other national security matters) may be specifically assi�ned by the PBI Program Mana�er based
upon such critena as he or she deems necessary.
B. Cases generally will be assigned for investigarion at the discretion of the FBI Program Manager or
the Team Manager on the basis of case priority, as set forth above, and the experience and
workload of an assignee. Except as authorized by the FBI Program Manager or the Team
Manager, Participating Agencies a�ee that they sha11 not task their full-fime CCTF assi�ees with
other imestigative or adm.inistrative obligatior.s outside of ffiose of the CCTF during the period of
their ass oQnment or permit them to take on such obligations.
C. Al1 assignees understand and agree that assignment to the CCTF does not create any nght to
investigate any specific matter or class of matters falling within the purview of the CCT'F.
IV. OPERATIONAL NIATTERS
A. Attornev General C�uidelines. PJl federai agency participants and all federaliy deputized
personnel will be subject to Attomey General Guidelines when acring on CCT'F operational
mattets. All CCTF inattzcs must be conducted puzsuant to Attomey General Gnidelines except
for CCTF investigations that aze exclusively being pursued as a state/local matter in which
stateflocal piosecution is anticipated, federal prosecution is considered unlikely, and a state/local
law enforcement officer is the primary investigative officer for the case.
B. Field Tacrical Ooerarions. A field tacrical operanon is an investigarive or enforcement action
which is intended to interact with criminal suspects or witnesses and presents a greater than
normal danger to agents, officers, and the public. Field tacrical operations include planned
searcbes of physical locarions, coordinated surveillance, controlled buys, and controlled
delivenes. Most undercover mvestigadons will include one or more field tactical operations.
Official Law Enforcement Use ONy Cybef Cfime TaSk FoCCB
Standard Operating Procedures (June 2004)
This document contazns neither recommendations nor conclusions of the FBL This document is the properry of the
FBZand is loaned to your agency: it and its contents are noi to be dastributed outszde your agency.
-.i-
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Subject to the limited excention noted in subpara�anh A above, all field tactical operarions will
be �ndu�.°3 p•aisrant to the 3ttoreey General's Guidelines on General Crimes, Rackeceering
�n.erprise aad :erra:is� �nte:prise Investigations.
AllSeld tacricai operations will be documented wiru Tacricai Operations Pian, descaYia� at:east
the nature of the invesrigauon, the intended procedures, the targeted individuals and locations, the
personnel assi�ments :or the duration of the operarion, and emergency procedures.
C. Undercover Ooerations. An undercover operation is an investigahve or enforcement acrion where
a taw enfo;cement ag�t or officez mtencts wiLh c*iminal subjects and the agent/officer is not
readily idenrified as a law enforcev�eat office*. Undercover field tactical operations present a
�eater than normal danger to law enforcement officers/agents and the public.
1. Subject to the limited exceprion noted in subparagraph A above, all undercover
ope;a.�ons w:ll ccm^ with r,r�� rT c, errp�aey Ge2eral's Guidelines on FBI
Undercover Operations.
2. All undercover field tacrical operarions will be documented with a Tactical Operations
Plan.
3. The undercover Tactical Operarions Plan will address issues of ofFicer and public safety
as follows:
a. Whether the undercover officer will have case agent responsibilities during an
undercover operation.
b. Whether tne undercover o�cer will be armed during an undercover opemrion.
c. Whether the undercover officer will normally wear an elecironic monitoring
device or whether the plan specifically justifies not using such equinment.
d. Whether a secunty team shatl be dedicated to the undercover officer's safety.
e. Whethez other teams may be included fo addsess perimeter secunty,
communications, and surveillance as needed.
D. Use of Confidential Informants. Any CCTF use or development of a confidential informant
(°CI") will be in compliance with the II.S. Attorney General's Guidelines Regarding the Use
of Confidential Informants including, but not limited to, fox purposes of deteimining the
suitability of a CI, the registration and use of a CI, payments to a CI, authorization for a CI to
commit otherwise illegal acrivity, sharing sensitive invest�garive uiformaiion with a CI, and
protecting the idenrity of a CI.
$. International Cnminal Investieations. No matter being handled by the CCTF shall knowingly
involve any intemational investi activity (to include mtemarional communicauons) without
FBI participation and approval. "i'tie FBI shall be cesponsible for coordinating, pursuant to
Attorney General Guidelines, any extraterritorial criminal investigarions.
O�cial Law Enforcement Use Only CybeC CRme TaSk ForCe
Standard Operating Procedures (June 2004)
Zhis document contains neither recommendations nor conclusions of the FBZ This document is the property of the
FBI and is loaned to your agency; it and its contents are not to be dish-ibuted ouESide your agency.
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Office* Involved Incidents.
1. Any ;ncident involvin� ;njsry :o CC"!'F' parsonnel o* dama�e m eauipment will be
reported to the Project Manager or Team Supervisor. The incident will also be reported
to the Participacing Agency accoiding co iu agency policy.
2. Any incident involving the dischazge of a fireatm by CCT'F personnel, other than during
trainin�, will be reported to the Project Manager or Team Supervisor. The incident will
also be reported to the Participating Agency according to its agency policy.
V. INVESTI AI�T. ,r'•VL':EN PROC�DU?ZFS
A. No Supersedine Standard of Caze Dutv or Conduct. Nothing in the SOP or any policy,
procedure, practice, protocol or guideline resulting therefrom xs intended to alter or affect, ot does
alter or afFect, any standard of caze, standard of conduct, or lawful authority to seazch, seize or
��est :u�der t,'�e Constih:+�on ef *1:e Ltr.i*ed States, any federal or state law oi internarional treaty or
its equivalent, or any policy� or procedure of the FBI or any other law enforcement entity.
B Applicable Investi�ative Lesal Process. The selection of applicable ]egal process to facilitate
CCTF investigations (e.g., seazch warrants, adminis�rative or grand jury subpoenas, pen register or
trap and irace orders, intescept orders and consensual monitoring documentahon requitements)
shall be designated by the FBI Program Manager or the Team Manager in consultauon wiffi
appropriate piosecutive agencies.
C. Renort Format. In order to facilitate the national sharing of information, all Participating Agency
personnel shall prepaze written reports in compliance with the format and mannez utilized by the
FBI. Any exceptions to this general requirement must be approved in advance by the Program
Manager. In addition, only one evidentiary document, such as a report of mvestigation, will be
prepazed injoint investigarions.
D. FBI Databases and Informarion Svstems. All reports shall be uploaded into applicable FBI
databases or information systems so that informat�on sharing is enhanced between task forces and
oft�er law enforcement investigatois.
E. Ownerstuo and Retention of Information.
1. Any records developed in an ittvestigation in which the FBI is a participant will be
considered exclusively FBI records, although copies may be loaned to other Task Force
particivating Agencies subject to law, regulation, and policy.
2. Records developed in investlgations in which the FBI is not a pazhcipant will be owned
and retained as-agreed upon by the relevant Participating Agencies.
3. Administrative records of the CCTF, and CCTF records that aze not otherwise owned by
another Participating Agency, also will be considezed exclusively FBI records and
-- similarly may Se loaaed to other Task Force Pzrticipating Ageneies subject to law,
regulation, andpolicy.
O�cial Law Enforcement Use Only Cyber Cnme Task Force
Standard Operating Procedures (June 2004)
Thir document contains neither recommendations nor conclusions of the FBL This document is the property of the
FBI and zs loareed to your agency; it and its contenu are not to be dzrtributed outside your agency.
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4. FBI records and iniormation shall not, ii provided to a State or local �overnment
Par[iciparin� Agency, be made av�able o�ssuant to any State or local law requiiin.�
disciosure of informazioL o. ;ecards. Rather, znY =equests to a State or local govemmenc
Participating Agency for any FBI or other Federai govemment records or iniormarion
shall be referred to the FBI for proper handling.
g. Forensic Examination Procedures.
1. Forensic Exazninarions are Reshicted to CCTF Evidence. The mission of the CCTF is
investiga�ve and aot foreasic. Any forensic acquisicion and examination of evidence
must be authorized by'1ie Progravn Manager, and shall only be conducted on evidence
from an investigation initiated or adopted by the CCTF.
2. Procedutes for Handline Di ital Evidence Genernted b CCTF-Imtiated InvesriQations.
Digital evidence accepted, seized, acquued or intercepted by the CCTF pursuant to a
criminal ;nves�.gauon 'v�itiated or adop*ed as a CCTF investigation, shall be forensically
exaznined only when expressly authorized by the Pro�a.m Mananer and only as fotlows:
a. By any assignee to the CCTF who:
(1) is affiliated with, cefified, and monitored or supervised by an
established and recognized crime "laboratory" of his or her respecrive
participating Agency; and
(2) conducts such examination in conformity with the written protocols,
policies and procedures of such laboratory;
b, By any non-CCTF personnel belong'v�g to the criminal Iaboratory of a
participating Agency who:
(1) is affiliated with, certified, and monitored or supernsed by an
established and reoogmzed crime "laboratory" of a Participating
Agency; and
(2) conducts such examinahon in conformity with the written protocols,
policies and procedures of -- and onsite at -- the Participating Agency's
laboratory;
c. By FBI personnel who:
(1) are FBI Computer Analysis Response Team (CART) trained and
certified (or otherwise are trained and certified in a manner expressly
acceptedby CAR1�, andwill conduct such examination in confomury
with the written Standard Operating Protocols and Quality Assurance
Manual requirements of FBI CART; or,
(2) are FBI Forensic Audio/Video Image Analysis Umt (FAVIAU) irained
and certified and will conduct such exammations in conformity with
the written Standard Operating Protocols and Quahty Assurance
Manual xequirements of FBI FAVIF.U; or,
d_ Any FBI CART trained and certified personnel (or personnel otherwise irained
and certified in a manner expressly accepted by CART) assigned to an FBI-
Aifiiiated Regional Computer Forensic Laboratory (RCFL) who will conduct
such examinations in eo�fornvry v✓�th the v✓niten Standazd Opernting Pzotocols
and Quality Assurance Manuai requirements of that RCFL.
Official Law Enforcement Use Only Cyber Cnme TBSk Fo�Ce
Standard Operating Procedures (June 2004)
This document contains neither recommendations nor conclusions of the FBI. Th?s document is fheproperry of the
FBI and is Ioaned to your agency; i1 and zts contents are not to be distributed outside your agency.
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Ole �lo Gf �---
3, Dennirion oi the term "Laboratoiv." For purposes of inclusion but not exclusion under
this section, a"laboratory" shall be considered established and reco�.ized if it has
become accredited in digital evidence examinations by the American Society of Crime
La3ora;ory Di:e:,;; ;s L�.bcratory P_ccreditation Boazd (ASCLD-L.AB).
4. Dieital Evidence Generated bv FBI-Imhated Invesrieations. Dieital evidence accepted,
seized, acquired or intercepted by FBI peisonnel w}uch, at the time of its acceptance,
seizure, acquisition or interception related to a non-CCTF designated, FBI-iniriated
invesrigation st�all be forensically examined by FBI personnel who:
a. Are FBI Computez Analysis Response Team (CART) tra�ned and certified, and
will conduct such examinarion in confomiity with the written Standard
Opera.�ing Protocols and Quality Assurance Manual requirements of FBI CART,
or
b. Ate FBI Forensic Audio/Video Image Analysis Unit (FAVIAin trained and
eertified and wili eonduct such exanunation in confozmity with the written
Standard Operating Protocols and Quality Assuzance Manual requirements of
FBI FAVIAU, or
c. Are otherwise expressly authorized in advance by an appropriate PBI Progrnm
Nlanager of the FBI Invesrigarive Technology Division.
5. FBI Di ital Forensic Examinanons Conducced Oniv Fursuant w r'ni C.y2T
Procedures and Protocols. All digital evidence examinations on either CCTF or FBI-
miriated or adopted mvesrigations which are conducted by FBI personnel shall be:
a. conducted by FBI CART 4ained and certified personnel in conformity with the
written Standard Operating Pzotocols and Quality Assurance Manual
requirements of FBI CART, unless otherwise expressly authorized in writing by
FBF-HQ CART, or
b. in the case of digital audio/ video / image forensic analysis, by FBI FAVIAU
trained and certified personnel who will conduct such examinations in
conformity with the written Standazd Opernting Protocols and Quality
Assurnnce Manual requirements of FBI FAVIAU.
6. Evidence 5toraee. The FBI Pro�am Manager may designate a volunteering Participating
Agency to exercise controi over some or all of the evidence gathered by and in the course
of CCTF investigafions and, thereafter, the mles and policies of tbat Participating
Agency relating to the submiss�on of evidence, retdeval, destcuction and chain of custody
shall apply. In the absence of a designation, the FBI shall exercise control ovex all such
evidence and its mles and policies shall apply.
VI. ADMYNISTRATIVE PROCEDURES
A. Cross-deputarion of Sworn Personnel
1. Definition of the term "Swom Law Enforcement Assi�ee". For putposes of this SOP,
"swom law enforcement assignees" means those state and locai law enforcement officers
authorized by law to enforce criminal statutes and judicial sancrions (mcluding the power
tn investigative, and arrest), and who aze authorized to carsy a fireazm and exercise _
apprepriate force (including deadly force) in the lawful exercise of those duties.
O�cial Law Enforcement Use Only Cybef Cnme Task FofCe
Standard Operating Procedures (June 2004)
This document contains neither recommendations nor concZusiorrs of the FBL This document is the property of the
FBI and is lomzed to your agency; it and its contents are not to be distributed ou!side your agency.
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2 Federal Denurauon oi Swom I,aw Enforcement Assienee: In liarited circumstances and
subjecc to the successiul completion o: additional doc-�enation and agreemens
(including non-disciosuce a�reemenu), back�round invesn�arion inqnir.es and secw—.ty
clearnnces as may be deemed appropriate, State Execurive Agency (SEA) "swom ]aw
enforcement assi�nees" may be fedexally depurized for the limited puipose of providin�
d'uect support to the CCTF. The FBI or another Federal Executive Agency (FEA) sha11
coordinate the securing oi the required deputation authorizations. These deputations may
remain in effect $uou�hout the tenure of each individua.l's assi�ment to the CCTF, as
limited by the terms of the deputation or until termination of the relationskup between the
FBT or other rEA and the CCTF or the terminahon or dissolutioa of u'�e CCTF itself,
whichever comes fust. Administrative and personnei policies :mposed by the
Participating Agencies will not be voided by deputarion of theu respecrive sworn
personnel. Any federal law enforcement powers authorized under any federai depuTation
program shall be suspended upon the suspension oP any state, local or municipal law
enforcement auinoriry. -
3. State Denutahon of Federal Sworn Personnel: ffi limited circumstances and subj ect to
the successful completion of addirional documentation and agreements (including non-
disclosure agreements), backgound investigation inquiries, FBI and other FEA agents
u yy �o �.���_�Pp as srare peace officers wrth state law enforcement authonty.
T'hese deputations may remain in effect throughout the tenure of each individual's
assigmnent to the CCTF, as limited by the terms of the deputarion or until termination of
the relarionship between the FBI or other FEA and the CCTF or the termination or
dissolution of the CCT'F itself, whichever comes fixst. Administrative and personnel
policies imposed by the Participating Agencies will not be voided by deputation of their
respective swom personnel. For purposes of this SOP, any state law enforcement powers
authorized under any s`�ate deputarion pro�am shall be suspended upon the suspension of
the CCTF member's separarion from the CCTF for any reason.
g. Intergovemmental Personnel Act Assignments to Federal Agencies
1. SEA Personnel Mav Be Formall Detailed to the FBI or Another FEA and Thezeafter
Assiened to the CCTE Subject to approval by the afFected FEA and SEA, any SEA
employee, including bUt not 1'vnited to adm�strative support personnel, assigned to the
CCTF inay seek to be formally "detailed" to the FBI or another FEA as a civilian
empioyee put'suant to the Intergovemmental Personnel Act (IPA), 5 U.S.C. §3374, and
thereafter be assigned by the FBI or other FEA to the CCTF. Tbereafter, during the
period of the detail and pursuant to 5 U.S.C. §3374(c)(2), such an employee acting
within *?�e scope of *�+e;r ass a°nment shall be entided to all of the rights, privileges and
immumries accorded by law including being "deemed an employee of the [FEA] for the
purpose of .... the Federal Tort Ciaims act and any other Fedezal tort liability statute."
The FEA accepting the "derailed" employee shall be presumed to have accepted the SEA
employee under an agreement not requiring zeimbursement from the FEA to the SEA of
compensation (which shali continue to be paid by the SEA to the employee during tha
period oi rhe detail). The failure to be formally detailed pr.rsuant to the LpA to an FBA
for oumoses of assignment to the CCTF sha11 not prohibit any SEA Participaring Agency
O�cial Law Enforcement Use Only Cyber C�me T2sk Fofce
Standard Operating Procedures (Ju�e 2004)
Thu document contairr.r neither recommendations nor conclusions of the FBL This document i.r the property of the
FBI and 'u loaned to your agency; if and its conEenis are not to be distributed ouuide your agency.
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D le �� ��-
from offerin� to assi,� an employee to the CCTF and shall noc prejudice the nghu oi
such a SEA emnioyee (as descrioed in ocner provisions of this SOP) to seek leazl
representation, svbsumnon andlor indemnifrcarion som ctie re'a°,rai goverument ior acts
or o�issions occumng pursuant to and within the course and scope of their assia ed
duties wlule assigned to the CC7'F.
2. Emolovees of Instrtutions of Hieher Education and "Other Oreaniaarions Mav Be
Fomiall Detailed to the FBI or Another FEA and ThereaRer Assianed to the CCTF.
Any employee of an Institute of Higher Education (II�), or an "oTher organization"
(00) as defined by 5 U.S.C. §3371(4), possessing the I�owledge, skills or abiliry
necessary to faciiitate ffie mission of the CCTr may seek to oe iormally "netailed" to 7.he
FBI or anociier rEA pursuant to che Intergovernmental Personnel Act (IPA}, 5 J.S.C.
§§3372(b)(2) &(e)(2), and thereafrer be assigned by the FBI or other FEA to the CCTF
in a civilian support role. During the period of the detail, pursuant to 5 U.S.C. §3374
(c)(2) such an employee acting wrthin the scope of their assignment shall be enutled to
aii oi tiie rignu, priviieges and immunicies accorded'oy iaw inciuding being "deemed an
employee of the [FEA] for the purpose of .... the Federal Tort Claims Act and any other
Federal tort liabihty statute." An employee detailed pursuant to the IPA shall be
presumed to be accepted under an agreement not requizing rennbursement from the FEA
rr� �h� TT7� p: QQ pF �pmrPncgjipn (.n.h;ch shait ,9„r;nue to be *�aid by the IHE oz 00 to
the employee during the period of the detail).
C. Pezsonnel Administrative Issues
1. FEA Personnel Generallv Shatl Not be Deemed SEA Personnel. Except as expressly
authorized in a sepazate writing pursuant to an established stace, local or municipal
deputation program for swom peLSOnne1, or the IPA for non-c:vil;an support personnel,
FEA personnel, including FBI personnel, assignedto the CCTF shall not be deemed
employees of any SBA for any purpose merely by virtue of their assi�ment to the
CCTF.
2. SEA Personnel Generallv Shall Not be Deemed FEA Personnel. Except as expressly
authorized in a separate writing pursuant to an established federal deputarion pro�am
for sworn personnel, or the IPA for non-civilian support personnel, SEA persoanel
detailed to the CCT'F shall not be deemed employees of the FBI or the United States of
Amenca for any purpose merely by viriue of their detail to the CCTF.
3. No CCTF Emolovees. The CCTF is not a sepazate legal entiry capable of maintaining an
employer-employee relationship and, as such, all personnel detailed to the CCTF shall
NOT be considered employees of the CCTF for any purpose.
4. Du.�.tio^. of CC?'F De*ail b� Pzfici ztina Aeencies. Fxcept for personnel assigned to
the CCTF to perform purely administrarive funcrions, each Participating Agency
generally shall o:fer for assigament to the CCTF the fu11-hme services of not less rhar.
one (I) of its respective personnel (acceptable for detail by the CCTF) to serve for a
period of at least one yeaz, renewable annually thereafter.
5. Trainine Onooriunities. Pursuant to 42 U.S.C. §3771(a) and 28 C.F.R. §0.85 and other
legal authority, rhe FBI may, in its discrerion and subject to available funding, offer, at
FBI exnense, such trawing and educational opporiumties as may be appropnate.
Official Law Enforcement Use Oniy Cybef Crime Task FofCe
� Standard Operating Procedures (June 2004)
This document contains neither recommendations nor conclusions of the FBZ Thir document is the properry of the
FBI and :s loaned to your agency; it cmd its contents me not to be distributed outside your agency.
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Training by oiher law enforcement enriries, private vendors, and educational insriturions
also may be made availaole for CC i r assignees pursuanr. r.o aainin� needs and availabie
iunding.
6. Conflicts of Interest. Personnel assigned to the CCT'F inay not engage m any activity
whicfi, either in appeazance or in fact, conflicts wich their duries at the CCTF or
reasonabty impeaches the independence of their work for the CCT`F. Except upon the
express approvai of the FBI Frogram Manager or the Team Mana�ei no assignee shall
act as a consultant regarding computer crime either for free or for profit or remunernrion
beyond the salary paid by their employing agency during the period of their detail to the
CCTF. CCTF assi,gnees shall not endorse any hardwaze, softwaze, ot other product, on
behalf of the CC'Ii� or in their capacity as a member of the CCTF.
7. CCTF Assianees Continue to Periodicallv Report to 1'heir Emplovers. Each CCTF
assi�ee will continue to report periodically tn his or her respective agency supervisor or
CEO for administrarive matters unrelated to the case-specific assignments of the CCTF
which are not otherwise specificaily described in fnis �Or.
8. CCTF Not to Conduct Performance Aporusais. Performance appraisals of personnel
detailed to ffie CCTF sba11 not be conducted by the FBI Program Manager or the'Team
Manager on behalf of that employee's Participating Agency unless the FBI Program
*J�z^.zger o: L".e Tez.m.^.?z^.ager is e��:e^.=.�ise �^. ssigaee op rh �� P n�
Agency as the persoanel under performance review, except that the FBI Proa am
Manager oz the Team Manager may, at the written request of an appropriate raring
official, provide written comments for possible use by that official regazding
performance related issues/appraisals.
D. Personnel Financial Tssues:
1. Em�lovment-related Expenses of Personnel Assiened to the CCTF. Participaring
agencies shall beaz all personnel costs for any personnel detailed to the CCTF including
but not lisuted to salaries, benefits, employment taxes, withholdings, travel expenses,
insurance, retirement expenses, disability and all other employment-related benefits
incident to their employment with their respecrive agencies.
2. Travel Exnenses Incurred on Behatf of the CCTF. Assignees must receive written pre-
approval by the reimbursing entity for all havel expenses iacurred on behalf of the
CCT'F. Subject to funding availabiliry, any Participating Agency may, m its discretron,
pay travel costs for out-of-state h of CCTF assignees, should the Participaring
Agency deem such travel necessary, provided that the fact of such a payment m any one
instance or number of instances shall not create or support any duty or obligarion to make
fi:h::e payw.ents unless ctberwise ageed te in w.^.tiag.
3. Overtime and other Comoensation for CCTF Assienees_. Compensarion for overtune,
holiday pay, vacation, and sick Ieave, shall be the responsibiIiry of each Participating
Agency with respect to their assigned employee(s). It shall be the joint responsibility of
each Participating Agency and its assigned employee to regulazly and timely inform the
FBI Prograzn Manager or the Team Manager of available overtime, scheduled vacation,
annual leave or sick leave. Panicipanng Agencies may, in their discxerion, delegate to
the FBI Pro�a.m Manager oL the Team Manager lunited authorization to schedule their
O�cial Law Enforcement Use Only Cyber Crime Task Force
Standard Operating Procedur2s (June 2C04)
Thir document contairer neither recommendations nor condusions of the FBI. This documeni is the property of ihe
FBI and is loaned to your agency, it and zts contents are not to be distributed outside your agency.
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5.
detailed emoloyee(s) for overtime or hoiiday pay or other anplicabie compensation zs
may be necessar9 m e�ectuate the �.ir�cse an3 mission of the CC?'F. "?'he FBI ?ro�ram
Man �er or fhe Team Mana�er shall coordinaie with the °articipanag Ageac.es, if and
when alternate iundin� is available, for the payment or reimbursement of overtime or
other compensation provided that the fact of such a payment in any one instance or
number of instances shall not c:eate or support any duty or obligarion to make future
payments unless othen�ise a�reed to in writing.
partici arine Aeencles to Su�nlv Their Assienees with Communication Devices. Except
as otherwise agreed to in writin„ each assi�ee will be provided a cell phone and/or
pager by the assignee's Pa.r�icipat;ng Agency to ensure coauaunicatioa czpabiliries with
the CCTr.
Cttievances Comnlaints, Discioline.
a. Emolovee Riebts Unaffected bv Assienment to CCTF/Remedies with
Assi¢nina. Becavse FEA assigned personnel aze not employees of the CCTF or
oi any oi �e SEAs �� :, s; :�i;az.y, becacse SEA assigued ge:sonne! aze aot
employees of the CCTF or of any of the FEAs, the substantive and procedwal
rights of such personnel regazding employment-related grievances or discipline
are governed solely by the contracts, mles and xegularions existing between the
assigned nersonnel and their respective employing agencies. Assignment to tbe
CCTF creates no legally enforceable nghts in such personnel to the
conrinuation of the assigiment to the CCTF or otherwise.
b. SEA Assi�nees Shall Voluntarilv Consent to Assienment. SEA personnel may
not be assi,gned 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 t2ie Program Managez or Team Manager. Tlie Pzogram
Manager shall maintaia a record that he or 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, m which case the
assignee shali retum to bis oz her Participating Agency.
c. No CCTF-vested Riehts. There shall be no disciplinary or grievance procedure,
policy or process wiihin the CCTF which will vest any rights in any CCTF
assigned personnel, FBI Program Manager, or Team Manager, and all
Participafing Aaencies and their assignees agree that no alleged procedure,
policy, process or pracrice shall be relied upon or be binding upon the
Participating Agencies or tUeu assigned personnei
d. Aonlication of Grievance Procedures. Any CCTF assignees with complaints,
suggesrions, comments or concems regazding the policies, procedures, practices
or decisions of the FBI Pro�ram Manager or the Team Manaeer aze strongly
encouraged, but not required, to first informally discuss such matters with the
FBI Progam Manager or the Team Manager. Any CCTF assignee who is
unsausfied wrth CCTr policies, proced�:res, pracrices or decisions may ref r the
matter to his o; her employing agency for processing pursuant to that ageney's
grievance procedure, the sole remedy for which (as eniorceable against the
Offcial Law Enforcement Use Oniy Cybet' Crime Task FofCe
Standard Operating Procedures (June 2004)
This document contains neather recommendations nor conclusions of the FBL This document is Zheproperiy of the
FBI and is Zoaned to your agency; it and its contents are not to be distributed outside your agency.
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CCTF) shall be the disconrinuance oi the assignee's assia �lenc to the CCT`F
and'nis or her return to nis or her employing agency.
Crrievances Ininaced bv CCTF rersonneU CCTF Resnonse. in the event r.hat a
CCT'F assignee reiers a matter to his or ber empioying agency for anpropriare
a processing, the Participating Agency shall, to the maximum extent
possiole, iniorm the FBI Pr a°ram Manager or the Team Mana�er of the nature
and circumstances of the ,�ievance and the agency's �ievance procedure as
peruutted or authorized by that participaring a�ency's regularions, policies,
practices, employee related contractual ageements or consent oi the
compiainant. The Farticipating Agency shall order the temporary :etum of t�e
grieving assignee to uis or her employing agency during the pendency of the
a evance procedure unless otherwise agreed to by the FBI Program Manager or
the Team Manager. The Participating Agency shall, at the conclusion of the
grievance procedure, inform the FBI Proa am Manager or the Team Manager of
riie grievance nnnings andior recommendaTions, ii any. i �.e FBS Proa ar,.
Manager or the Team Manager aze not bound by any such final or intermediary
decision of any SEA or FEA grievance procedure and aze not required to
implement any final or intermediary o evance recommendarion. However, the
FB? pre�?m ManageT_ or the Team Manager may m their discretion, consider
incorporating or adopting all or part of any agency's gnevance recommendation.
All Participaring Agencies shall insure that discontinuance of an assignment to
the CCTF following an assi�ee-initiated o ievance proceduxe SHALL NOT be
considered or interpreted as discipline or otherwise negatively affect oz ieflect
upon that person's performance while assigned to the CCTF.
Reports of Assio-nee Misconduct or Unsatisfactorv Performance bv FBI
Discioline. In any instance in which assi�ee, in the judgment of the FBI
Program Manager or the Team �Ianager, 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 shall notify the Participating Agency of
the assignee's employing agency in writing of the details of the alleged
misconduct or failure. The notification shall carry no o eater weight or effect
than any other complamt by another law enforcement agency. The Participanng
Agency shall then fake such steps as it deems appropriate in conformity with the
statutory or contractual obligations, policies, procedures and/or practices of that
agency. The Partici�atine A encv sha11 order the tempornrv retum of the
assianee to their emolovm asencv durine the pendencv of that a¢encds
discip�inzrv or review o*ocess unless otherwise aereed to bv the FBI Proeram
Mana�er or the Team Manaeer. At the conclusion of the disciphnary procedure
of the employing a�ency, the Participaung Agency shali notify the FBI Pr a�ram
Manager or the Team Manager of the employing agency's fmdings, decisions,
and/or actions, if any. The FBI Prob am Manager and the Team Manager may
or may not, in theiz independent judgment and discretion, accept tne fmdings,
decisions, andlor action of the assigning agency. In the event that canduct is
found by the employing agency not to consritute misconduct or any violation
O�cial Law Enforcement Use Only Cybef Crime Task Force
Standard Operati�g Procedures (June 2004)
This document contains neither recommendations nor eonclusions of the FBL Thu document is the property of the
FBI and is loaned to your agency; it med its contents are not to be distributed autside your agency.
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D (� - (e �f�-
requirin� any action, Sut the FBI Pro�am Ylanager or the Team Manger
nonetheless ele:.ts w diseontinue the assi�ent to the CC?'F, the
discon�'�.'nuance o` the assi�.ment shall no: be considered or v.ce:areted as
discipline or otherwise ne�atively aifect or reflect uoon that person's
perfoimance while assigned to the CCTF. The CCTF is not bound by any nnai
or intermediary disciplinary decision of an employin� agency, EXCEPT that the
FBI Pro�am Manager or the Team Manager is bound by and shall honor any
agency decision or ruling suspenduig from employment or otherwise suspending
the law enforcement powers of any employee. Any federal law enforcement
powers an�Sorized nnder any federal denuar.oa pro�avz shall be suspended
upon the scspens:on of any state, :ocal or municipal ]aw eaforcemeat powe:s.
VII. NOA'-DdSCLOSURE OF IA'FORMATION/MEDIA POLICY
A. Non-B:sc;o;urz �.ereer.�ent CCTP assi�;aes agree act to .a.isclose anq c:zssi5� o: othe:wise
sensitive case informarion to non-CCTF assignees (to include an assignee's employing
Participaring Agency) without the express permission of the FBI Proa am Manager or his
designee and shall aa ee to execute any applicable non-disclosure agreements, including SF-312
and FD-868 as may be necessary or reauired by the FBI. To the extent cuxrent or former CCTF
assignees desire to disclose outside of their official investigative duties (including, but not limited
to, for pucposes of teaching or withm a fiction or non-fiction book) -- any information acquired
from or relating to their CCTF participation, they will do so only with advance written permission
and in compiiance with the FBPs prepublicarion review procedures. CCTF assib ees have a
continuing obligation after leaving the CCTF to maintain their non-disclosure comuiihnent. If
assignees have access to Tifle III, FISA, federat grandjury, or other information subject to
statutory or wurt-imposed restrictions, the assignee will be briefed by the FBI on lus or her
responsibilities under any applicable statutes, court orders, or mmnnization procedures.
Participating Agencies and assia ees a�ee to be bound by all CCTF policies on the disclosure of
information, and agree to consult with the FBI prior to any such discloswe dunng or after the
assignment. The assignee is encouraged to seek authorizarion to disclose information whenever
he or she believes disclosure wouldbe appropriate.
B. Media lnquiries Refened to the FBI Proeram Manaaer or the Team Manaeer All media inquiries
are to be referred to the FBI Program Manager or the Team Manager. The FBI Pr o°ram Manager
or the Team Manager or his/her designee may comment to the media upon the general operation
of the CCTF and the patticiparion of the member agencies and departments after consultation with
the appropriate Panc�ipating Agency(ies). Where the inquiry is case specific, comments, if any,
will be left to the discretion of ffie submitting law enforcement agency. In the case of the public
release of information by a Department of Justice employee or informahon relating to a case or
matte: investigated or prosecuted by the Depa.rtment of Justice, the release of such information
shall comply with the requirements of 28 C.F.R. §502.
Official Law Enforcement Use Only Cybef Crime Task FOrCe
Standard Operating Procedures (June 2004)
This document contains neither recommendations nor conclusions of the FBL This document is the properry 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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6 (e �l� �a—
VIII. FI1�A1�CL4I. A�\'D CIVII. LLABILITIES LN GEVERAI.
A. Federailv Denutized nerso�el. TFIe Pa.-[icipatin� A�encies and their assi�.ees acimowtedee chac
nnancial and civil liability, if any and in accordance with applicable law, ior che acts and
omissions of each assi�nee comnutied in conjunction wili or dnr:na ass:�ent :o the CCTF
remains vested with the assi,�ee's employing agency. However, the United States Deparcment oY
7usrice may, in its discrerion, fozmally detemvne that an individual shouldbe afforded a le�al
defense and/or indemnification pursuant to federal law and the policies of the Department of
7ustice, for instance to:
I. those swom law enforcement officeis who have been nroperly federally deputized by an
FEA and aze acting within the scope and course of their deputation and their dutres as
provided by Federal law; and
2. those employees formally detailed to a FEA pursuant to 5 U.S.C. §3374 (the
Intergovernmental Personnel Act of 1970);
B. Federal Tort Claims Act. Congress has provided that the exclusive remedy for the negligent or
wrongful act or omission of an employee of the United States government, actiug within the scope
of his/her employment, shall be an acrion agunst the United States under the Federal Tort Claims
Act (FTCA), 28 U.S.C. § 1346(b), §§ 2671-2680.
C. "Emolovee" of the United States For the lisnited purpose of defending ctaims arising ouz of a
CCTF in which the FBI is a Participating Agency: Those State or local 1aw enforcement officers
who have been federaily depurized, aad those State and local personnel who have been forntally
detailed to the FBI or any other FEA pursuant to 5 U.S.C. §3374, and who aze acting witlun the
course and scope of his or her official duties, details, and ass banments pursuant to ttus 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).
A Scope of Emolovment. Under the Federal Employees Liability Reform and Tort Compensation
Act of 1988 (commonly laiown as the Westfall Act), 28 U.SC § 2679(b)(1), the Attomey
General or his/her designee may certify that an individual defendant acted within the scope of
his/her employment at the time of the incident giving rise to the suit. Id., 28 U.S.C. § 2679(d)(2).
The linited States can then be subshtuted for the employee as the sAle defendant with respect to
any tort claims. 28 U.S.C. § 2679(d)(2). If the United States is substituted as a defendant, the
indroidual employee is thereby protected from suits in his/her official capacity.
E. Petrtion for Scooe of Emnlovment Desienation. If the Attorney General declines to eertify that an
employee was acting within the scope of employment, "the employee may at any time before hial
petition the court to find and certify that the employee was acting within the scope of his/l�er
office or employment." 28 U.S.C. § 2679(d)(3).
F. Liabili . The Participating Agencies do noc waive, and intend to assert, available liability
linitatior.s in a�l cases. Uniess otherwise indemnified or immune, each Pariicipafing Agency shali
assume the responsibiliry and liability for the acts and omissions of its own officers, agents, or
employees in connection with the perfo; nance of their office duties. For tort liabilit}� puiposes,
OfFciai Law Enforcement Use Only Cyber Cfime Task ForCe
Standard Operating Procedures (June 2004)
Zhis document contains neither recommenda8ons nor conclusions of the FBI This document is the properry of the
FBI and is Zoaned to your agency; it and its cantenu are not to be distributed outside your agency.
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no Paraciparin� 9gency sbail be considered the agent of the other °azticipatin� 9�encies. Each
Par[icipating Agency shall be liable (if ac all) only for the corts of irs own oificers, agenrs, or
emnloyees that occur withln the scone of their of5cial dunes.
v. Bivens Actia;is. L;abiliry fcr vio;ations oi .ede; al consrih:tional:aw :ests with :he individ.:�
Federal agent or officer, or employee, pissuant to Bivens v. Six Unlmown Named Aeents of the
Federal Bureau of Nazcotics 403 U.S. 388 (1971) or pursuant to 42 U.S.C. § 1983 for State and
local o�cers or aoss-deputized Federat officers.
H. Indemnification. If a federally depurized ofiicer or an employee formally detailed to an FEA
qursuant to 5 U.S.C. §3374 is found to be liable for a constitutional tort, he/she may request
indemnification from DOJ to sarisfy an adverse jud�ent rendered against the employee in his/her
individual capacity. 28 C.F.R. § 50.15(c)(4). The criteria for indemnification aze substantially
simiFaz to those used to deternrine whether a Federal employee is enrifled to D07 representation
under 28 C.F.R. § 50.15(a).
Oualified Immunitv. Both state and federal officers enjoy qualified usununity from suit for
consritutronal torts "insofar as their conduct does not violate cleazly established statutory or
constitutional rights of which a reasonable person would have laiown." Aazlow v F�tz¢erald, 457
U.S. 800 (1982).
Representation. CCTF personnel may request representatron by the U.S. Department of 7ustice
(and subject to its deternunation) for civil suits against them in their individual capacities for
actions taken within the scope of employment. 28 C.F.R. §§ SO.li, 50.16.
1. An "employee" may be provided representation "when the actions for which
representation is requested reasonably appeaz to have been perfonned within the scope of
the emp]oyee's employment and the Attorney General or his/her desib ee determines that
providing representation would otherwise be m the interest 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 tluough the FBI, or detailed to the
FBI pursuant to 5 U.S.C. §3374, written requests should be provided to the Chief
Division Counsel (CDC) of the FBI division participating in the CCTF. The CDC wi11
then forward the representation request to the FBI's Office of the General Counsel
(OGC) together with a LetYerhead Memorandwn conceming the factual basis for the
]awsuit. FBI/OGC will then forwazd the request to the Civil Droision of DOJ together
with an agency recommendarion conceming scope of employment and Department
representation. 28 C.F.R. § 50.15(a)(3).
K Norification of Claims. The Participating Agencies agree to norify eacfl other of any claim or law
suit arising out of an activity conducted pursuant to tlus SOP or the related MOU. Nothiug in
this paragraph shall prevent any Participanng Agency made a narty to or affected by any claun or
law suit from conducting an independent administrative review of any matter giving rise to the
claim or lawsuit. All Pazticipafing Agencies ab ee to cooperate fu11y with one another in the event
Official Law Enforcement Use Onfy Cybef Cfime TaSk FofCe
Standard Operating Procedures (June 2004)
This document coniains neither recommendafions nor conclz+sions of the FBL This document is the properry of the
FBI and is Zoaned to your agency; it and its confents m'e not to be distributed outsule your agency.
-i5-
�� ����
oi an administrniive review or ofiicial investigarion of alleged negligence or misconduct azisin�
out oi activity �nducted pu2suant to this SOP or the related v10U. Nothing in this para�raph
shall be construed as supplanting any applicable stamte, mle, or re�ularion.
IX. VEHICLES, EQTJIPNLEnT, PROPERTY, A\� GIFTS
A. Vehicles.
1. Partictpatina AQencies co Su�olv Their Assienees wrth Vehicles. Transportation, both to
and from the CCTF and in support of the mission and operational requirements of the
CCT'F, wi11 be the responsibility of and provided in accordance with the policies and
procedures of the assignee's employing a�ency. Except as provided in subpazagraph
IX.A2 below, each Participatmg Agency agrees to defend, indemnify, and hold a11 other
Participaring Agency members from any clauns or liability arising out of the use of the
former's vehicles.
2. FBI Vehicles. On a case-by-case basis, and as may be subject to a separate vehicle use
agreement, an FBI division may authorize State or Iocal law eniorcement personnel
assigned to the CCTF to use (operate or be transported in) available vehicles 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
,.�_ r
Participating Agency agxee� to ba responsioie ior, d�ien2y inderrs,i�, ��d i,o.0 «<o rB.
and the United States harniless for any claims or liability resulting from iu assignee's use
of the FBI owned or leased vehicles, and for any damage to said vehicles or to CCTF
assignees or third parties as a result of any acrion or oscussion on the part of the
Pariicipating Agency or their employees. When authonzed, CCTF assignees using FBI
vehicles ae ee to operate the vehicles in accordance with all applicable FBI mles and
reb lafions as outlined in the FBI Manual of Administrarive Operations and Procedures
(MAOP), Part I, Secuon 3.1.
B. Propertv of Particiroatine Aeencies Terminatine Their Relarionshio with the CCTF.
Equipmenc and ocher tangible properry, excluding monies, provided by Pazticipatutg Agencies will
remain the properry of each agency and will be reh by that agency within ninety (90) days of
the termination of that agency's relationship with the CCTF, unless otherwise agreed to in
writing. Equipment and other tangible properry not so reh shall be deemed abandoned
property transfesed m title to the FBI for the collective benefit of the CCTF Participating
Agencies until termination of the CCTF.
C. Certain Taneible Prooerties & Monies Acquired for CCTF Use. Unless otherwise directed by the
FBI, or mandated by applicable law, the following tan,;ble properry and monies -- where
acceptance is au�.horized -- shali be used ior the coilective benefit of active CCTF Participat:ng
Agencies during the existence of the CCTF:
1. Tangible and intangible properry and/or monies forfeited to any Participaring Agency
primarily as a result of services rendered by the CCTF;
2. Tangible and intangible properry and/or monies obtained through a�ant by or for the
CCTF; and,
Official Law Enforcement Use Only Cybef Crime Task ForCe
Standard Opera[ing Procedures (June 2004)
This document contains neither recommendations nor conclusions of the FBL " This document is the properry of the
FBI and is lomeed to your agency; it and its contents are not to be d"zrh-ibuted outside your agency.
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� � `� G�"�
3. Tan� oie and intan�ibie properry and/or monies exoressiy donaced to or sor ihe CCI'F.
D. ;ntellectual Pronerw Intellecwal Proper[y ri�hts �enerated, in whole or in par[, by or as a
consequence oz the ooerarions oi ine CCir snail oe �overned as iollows:
1. All patentable ri�hts genemted by 1) FEA personnel, 2) personnel assi�ed to an FEA
pursuant to 5 U.S.C. § 3574, and/or 3) SEA swom law enforcement personnel who have
been federally deputized and assigned to the CCT'F, shall be the properry of the United
States Govemment, the disposirion of which shall be govemed by Executive Order
10096, or its successor, and 37 C.F.R., Part �Ol as may be amended.
2. All patentable rights generated by any non-for-pront organizarion or small ousiness
which were funded, either in whole or in part, under �ants, contracts or cooperntion
aa eements wrth the United States Govemment shall be controlled by and disposed of
pursuant to 37 C.F.R, Part 401.
3. All other intellectual properry rights and interests generated in whole or in part by the
CCTF assignees, or otherwise generated in wnoie or in part tnrougn tne use oi equipment
or properiy b anted, purcbased, donated, forfeited or abandoned to or for the benefit of
The CCTF shal] transfer to or be titled in the name of the United States Govemment for
the collective benefit of the CCTF Participating Agencies and shall be controlled by the
United States Govemment, except tt!at inreilec?La1 p*epem r±�hts ;n ednca�enai reYr��
joumals, or treatises 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 the policy of the assignee's Participating
Agency, if any.
Educational Texts & Joumals of Assienees. Except as authorized by the FBI Program Manager
or the Team Manager, no assignee shail disseminate to the public at lazge (during the existence of
the CCTF) any text, journal, treat�se or other material relating to the investigation or prosecution
of cyber crime or the collection, acquisiUOn and/or interception and examination of digital
evidence which discusses or discloses any investigative mformation, or any policy, practice, or
procedure used by the CCTF or any of its Participating Agencies, past or present, which has not
cleazly been identified as authonzed for public disseminarion, or has otherwise not been made
public. Nor shall any assignee disclose lus or her present affiliation with the CCTF except in
accordance with 5 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 Aeencv Prooertv. Each Participating Agency agrees to assusne
the risk of and financial responsibility for damage to or loss of its properry as a result of its use by
or in coniunction with CCTF operations.
G. Ooerarional Supolies/Eqmnmeat- Office supplies, equipment, furniture and other groperty
necessary to operate the CCTF shall be provided to the CCTF by Participating Agencies and/or be
purchased through avai]able funds by the FBI Pro�am Manager or, as separately authorized, by
the Team Nanager or his/her designee.
Official Law Enforcement Use Only Cybe� Crime Task Force
Standard Operating Procedures (June 2004)
This document contains neither recommendatZons nor conclusions of the FBI. This document is the p�operty of the
FBI and zs Zoaned to your agency; it and its contents are nof to be distributed outside your agency.
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D � v�e �a-
H. Gi;rs b� Non-Gocemmental. Non-Partcinadna Eah�es. ?3ei:l�zr the CC:F, �y Paticipaia. g
A�ency, nor any assi�nee to the CCTF inay solicit or accept any monies, or any cangiole or
intana ble properry or services without just �mpensatioa in exchan�e therefo:, for the benent of
�y Dzpar4nen. o: ius::ce Paracipating z�ency o; assignzes oi /deta.ilees ta such a DOJ A�ency
from any non-Pariiciparing Agency or non-govemmental encity or person, except thac:
1. Nothin� in this provision shall prohibit the solicitarion, temporary or incidental
acceptance of inio*mation or sofiware from any person as may be necessitated by the
need to conduct an analysis of evidence in a case-specific matter;
2. Nothin� in this provision shall prohibit the so}icitarion or acceptance of any technical
�aining offered to all law enforcement which is not promorional in nature and may be
solicited or ac:.epted ia accordance w:th applicable mles, :egulanons and laws;
�. NotFing in this provisiea shaP. prohibrt any SEA, acting in accorda.nce with its appliczble
rules, reoulations and laws, from soliciting or accenting on behalf of any SEA any
properry, monies or services for the benefit of the SEA, or fellow SEAs, regazdless of
whether such properry, monies or services shail be used by personnel assigned to the
CCTF, PICVI.a.ed L':35:
a. Title to properry so solicited and/or accepted shall not pass to a Federal agency;
and,
b. The origin of property so solicited and/or accepted during the existence of the
CCTF sha11 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 b ft by any
Federal agency in accordance wrth 28 U.S.C. § 524(d)(1) and applicable DOJ orders, or
any amendments thereto or other lawfui authonty. All DOJ entihes and theu
assignees/detailees shall, at all times, comply with 5 C.F.R. 2635201 et. s�ce . as well as
any mles and reo lahons of their respecrive agencies.
X. GOSTS. Unless otherwise provided herem or in a supplementary writing, each Participaring Agency shall
bear its own costs itt relation to this SOP and any related MOU Even where a parry has agreed (or later
does agree) to assume a panc�ulaz fmancial expense, the party's express written approval must be obtained
before the incurring by another pariy of such expense. All obligauons of and expenditures by the parties
will be sub�ect to their respecrive bud�etary and fiscal processes and availability of funds pursuant to all
laws, regulations, and policies applicable thereto. The parties aclrnowledge tl�.t there is no intimation,
promise, or a arantee that funds will be available in future yeazs
XI. NO THIRD PARTY RIGHTS. This SOP is not intended, and shouid not be construed, to create any
ri�ht or benefit, substanhve or procedural, enforceable at Iaw or otherwise by any third party against the
parties to any related MOU, the CCTF, any CCTF Par[iciparing Agencies, the United States, or the
officers, employees, agents, or other associated personnel thereo£ .
XII. MODIFdC?�TIONS tLND AMEND�vIEN1rS
A. Modificatxons/amendmentstothisSOPshallbebroughttotheattentionofeachParticipatin�Agency.
O�cial Law tntorcement use Oniy CyDer Cfime TaSK ForCe
Standard Operating Procedures (June 2004)
This document contains neither recommendation.s nor conclusions of the FBL This dxumenl is Ihe properly of 1he
FBI and is lomzed to your agency, it and its contents me not to be distributed outside yoazr agency.
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B. Partci�arin�Agenciesandtheirassi�eesazeboundbytuetermsofthisSOF,asmodifienfrom�me
to time, aithough a Pazticipanng Agency may cerminace irs particioanon with the CCTF pursuant to
:he te;ms of the related Sv10U.
C. ?arricinatin� A�ency will not be considered bound by any amended terms of £ne SvP during any
norice period (cmrently 30 days) required by the ?vIOU prior to terminarin� paraciparion.
XIII. LEGAL CONSTRUCTION �ND SEVERABILSTY
A. If any portion of this SOP or a relaced MOU is declared invalid by a court of competent jurisdicrion,
this SOP shall be consh as if such poriion had never existed, unless such construction would
constitute a subs`a�t�al deviat:on fron the:ntent oi �.1 Participat:ng Agencies as reilec�d in this SCP
or a retated MOU.
B. If any portion of this SOP or any related MOU aze found to be in conflict, the MOU shal] be deemed
to control.
�,;.x
end.
Official Law Enforcement Use Oniy Cybef C(7me Task Fofce
Standard Operating Procedures (June 2004)
This document contains neither recommendarions nor conclusions of zhe FBL This document is the properry of the
FBI and :s Zoaned to your agency; it and its contents are not to be disbibuted outside your agency.
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