FBI’s Approved Non-Disclosure Notice

APPROVED NOTICE The FBI has received a request for technical support from your agency~speci?cally, locating a cellular device through the use of law enforcement sensitive (LES) FBI investigative equipment in the above referenced case. The equipment to be deployed is considered LES as disclosure of the capabilities of this technology may allow future subjects of investigations to employ countermeasures to avoid detection by law enforcement. The FBI recognizes that, due to the exigent circumstances in your case, there is not suf?cient time to execute a formal, written non-disclosure agreement regarding the use of this equipment. Acceptance of the assistance in locating a cellular device in the above referenced case constitutes your agency?s agreement to the following provisions: The FBi?s equipment is to be used in the lawful execution of an authorized function of the requesting agency. The equipment shall not be used outside of the jurisdiction of the requesting agency, nor beyond the geographical authority of the order or other legal process except as otherwise permitted by law ?hot pursuit?); and, in no event shall technical assistance pursuant to this request be used outside the United States. The FBI must be contacted immediately if there is any request for, or intent to use publicly, any information relating to the assistance provided pursuant to this request. The Touhy process set forth at 28 C.F.R. 16.22, 16.24, and 16.26 will apply to any demand for testimony of any personnel relating to the use of the equipment. The FBI will use all appropriate legal means to limit testimony regarding the technology in any state or local proceeding. However, if required by state law as part of the criminal trial or discovery process, this email constitutes the approval for your agency [or the prosecutor?s office] to disclose the fact that general location information about a cellular device was obtained through the use of FBI equipment. information obtained through use of the equipment is FOR LEAD PURPOSES ONLY, and may not be used as primary evidence in any af?davits, hearings or trials. This equipment provides general location information about a celluiar device, and your agency understands it is required to use additional and independent investigative means and methods, such as historical cellular analysis, that would be admissible at trial to corroborate information concerning the location of the target obtained through use of this equipment. The requesting agency acknowledges that any assistance provided is subject to the needs of the FBI and such assistance may be terminated at the discretion of the FBI. (Wm #25/2/