This final rule revises the existing provisions in the Department’s regulations at 28 C.F.R. § 50.10. The revisions are intended to ensure consistent interpretation and application of the policy; clarify and expand the scope of the policy; and ensure the highest level of oversight when members of the Department seek to obtain information from, or records of, a member of the news media. The most significant change is the elimination of the phrase “ordinary newsgathering activities,” which has been replaced throughout with “newsgathering activities.” The change mandates that, unless one of the exceptions identified in paragraphs (c)(3) or (d)(4) is applicable, when the investigative or prosecutorial need for information or records relates to newsgathering activities, the Attorney General must authorize the issuance of all subpoenas to members of the news media; the use of all subpoenas or court orders issued pursuant to 18 U.S.C. §§ 2703(d) or 3123 to obtain communications records or business records as defined by paragraphs (b)(3)(i) and (b)(3)(iii); and all applications for warrants to search the premises or property, or to obtain from third-party communication service providers the communications records or business records of members of the news media.
Police leaders who have deployed body-worn cameras say there are many benefits associated with the devices. They note that body-worn cameras are useful for documenting evidence; officer training; preventing and resolving complaints brought by members of the public; and strengthening police transparency, performance, and accountability. In addition, given that police now operate in a world in which anyone with a cell phone camera can record video footage of a police encounter, body-worn cameras help police departments ensure events are also captured from an officer’s perspective.
The 2014 NDTA Summary uses information provided by 1,226 state and local law enforcement agencies through the 2014 National Drug Threat Survey (NDTS). At a 95 percent confidence level, the 2014 NDTS results are within 2.59 percentage points of the estimates reported. NDTS data used in this report do not imply that there is only one drug threat per state or region or that only one drug is available per state or region. A percentage given for a state or region represents the proportion of state and local law enforcement agencies in that state or region that identified a particular drug as their greatest threat or as available at low, moderate, or high levels.
Large-scale events provide local governments with a number of valuable opportunities, including increasing revenue, revitalizing a city, and providing an increased sense of community. With these benefits comes greater responsibility for local law enforcement to ensure the public’s safety. When law enforcement executives are tasked with managing a large event, they can maximize their efforts by learning from other agencies and adopting proven practices. Too often, however, past lessons learned are not documented in a clear and concise manner. To address this information gap, the U.S. Department of Justice’s Bureau of Justice Assistance worked in partnership with CNA to develop this Planning Primer.
Body scanners are used to screen for contraband in a variety of places. Airports, schools, government buildings, and corrections facilities are examples of the types of places that have employed body scanners. Different types of body scanners have different capabilities based on the imaging technologies used and the sophistication of the internal system analysis. Metal detection was one of the first technologies developed to identify metallic objects on a person, but contraband can take many other forms, such as powders (e.g., drugs), paper (e.g., money), and even ceramic or plastic weapons. Correctional facilities in particular are faced with various forms of contraband, and with elaborate methods of evading detection employed by the local population. Manufacturers have responded by producing scanners that are able to detect nonmetallic contraband, as well as systems that can detect contraband inside body cavities. This report identifies commercially available body scanners and discusses the technologies used by these products. Technological limitations pertaining to the type of materials detected and/or the ability to detect contraband inside body cavities are discussed.
This review is a follow-up to three previous OIG reports concerning the FBI’s use of national security letter authorities. In our first and second NSL reports, issued in March 2007 and March 2008, the OIG found repeated instances of the FBI’s misuse of NSL authorities during 2003 through 2006. During our first NSL review we also discovered the FBI’s practice of issuing exigent letters and using other informal methods to obtain telephone records, instead of using NSLs or other legal process. We addressed these practices in a separate report issued in January 2010.
Improved information sharing is a critical component of bolstering public and private network owners’ and operators’ capacity to protect their networks against evolving and increasingly sophisticated cyber threats. As companies continue to adopt the newest technologies, these threats will only become more diverse and difficult to combat. Ensuring that information concerning cyber threats that U.S. companies detect on their domestic networks can be quickly shared will assist those companies in identifying new threats and implementing appropriate preventative cybersecurity measures. But sharing must occur without contravening federal law or the protections afforded individual privacy and civil liberties. In the interest of advancing discussions in this important area, DOJ has prepared this paper providing its views on whether the Stored Communications Act (18 U.S.C. § 2701 et seq.) (SCA) restricts network operators from voluntarily sharing aggregated data with the government that would promote the protection of information systems. We hope that this analysis will help companies make informed decisions about what information legally may be shared with the government to promote cybersecurity.
The National Institute of Justice (NIJ) Sensor, Surveillance, and Biometric Technologies (SSBT) Center of Excellence (CoE) has undertaken a best practices report of through-the-wall sensor (TTWS) devices for operation by law enforcement and first responder agencies in the United States. These devices use a form of radar to detect movement behind barriers. The ability to sense the presence of individuals through common building materials can be useful during rescue operations, law enforcement operations and other tactical scenarios. This report provides advice, tactics and information related to the use of TTWS in operational settings. The information provides law enforcement individuals and organizations with a better understanding of the capabilities and limitations of available TTWS equipment. When put into practice, an agency can make the most of the technology and improve the outcome and safety of operational scenarios in which it is deployed. The best practices report focuses on the use of commercially available TTWS devices suitable for law enforcement or emergency response applications.
Attorney General Order on Policy Regarding Questioning, Arresting, or Charging Members of the News Media
This rule amends the policy of the Department of Justice regarding the use of subpoenas, certain court orders, and search warrants, to obtain information from, or records of, members of the news media. The rule also amends the Department’s policy regarding questioning, arresting, or charging members of the news media.
Law enforcement officers are often searching for vehicles that have been reported stolen, are suspected of being involved in criminal or terrorist activities, are owned by persons who are wanted by authorities, have failed to pay parking violations or maintain current vehicle license registration, and any of a number of other factors. Law enforcement agencies throughout the nation are increasingly adopting automated license plate recognition (ALPR) technologies, which function to automatically capture an image of the vehicle’s license plate, transform that image into alphanumeric characters, compare the plate number acquired to one or more databases of vehicles of interest, and alert the officer when a vehicle of interest has been observed, all within a matter of seconds.
The use of social media is a relatively new phenomenon in policing. Development of formal policy on social media is generally lagging behind practice. A variety of legal, civil rights, and privacy-related issues regarding social media have been raised, but these issues have not yet been settled by legislatures or resolved in the courts. Social Media and Tactical Considerations for Law Enforcement summarizes discussions at a national conference of police executives on these issues, and analyzes the experiences of selected law enforcement agencies in the United States, Canada, and the United Kingdom that have shown leadership in advancing the use of social media for various purposes. Police agencies can use social media to facilitate two-way communications with the public to disseminate information, manage political demonstrations and other major events, obtain intelligence about “flash mobs” or rioting, and investigate crimes.
Over the past year, the NSI PMO has continued its implementation efforts and outreach to NSI stakeholders to help ensure that law enforcement and homeland security partners are afforded another tool to help identify and prevent terrorism and other related criminal activity. The ongoing collaboration among DOJ, DHS, the FBI, SLTT partners, and the National Network of Fusion Centers has strengthened, allowing the NSI to expand its nationwide information sharing capability. As of March 2013, 73 fusion centers have met the requirements outlined by the NSI PMO to be fully NSI-Operational—an increase of 5 centers from the same time last year—and all 78 fusion centers now maintain the capability to contribute and share suspicious activity reports through the Shared Space or eGuardian. This expansion of the NSI has allowed the Federated Search Tool to be accessed by more trained users—increasing the number of searches to more than 76,400—and more than 25,900 Information Sharing Environment (ISE)-SARs had been submitted and shared by the end of March 2013. Further, with the support of the National Network of Fusion Centers, 46 states and the District of Columbia are participating in statewide implementation of the NSI; implementation efforts are currently under way in Guam, Puerto Rico, and the U.S. Virgin Islands to ensure a strengthened nationwide capacity for sharing ISE-SAR information.
FBI Criminal Justice Information Services (CJIS) National Data Exchange (N-DEx) Policy Manual Version 3.0
An updated policy manual for the FBI National Data Exchange (N-DEx) released August 28, 2013. The manual was updated to include substantial additions to the regulations governing use of information within the system and the maintenance of records for later auditing of law enforcement agencies’ access to the system.
The Hemisphere Project is coordinated from the Los Angeles Clearinghouse and is funded by ONDCP and DEA. Hemisphere provides electronic call detail records (CDRs) in response to federal, state, and local administrative/grand jury subpoenas. The Hemisphere database contains CDRs for any telephone carrier that uses an AT&T switch to process a telephone call. Hemisphere is an unclassified program. Hemisphere provides de-confliction within the Hemisphere database. 4 billion CDRs populate the Hemisphere database on a daily basis.
This white paper explains the Government’s legal basis for an intelligence collection program under which the Federal Bureau of Investigation (FBI) obtains court orders directing certain telecommunications service providers to produce telephony metadata in bulk. The bulk metadata is stored, queried and analyzed by the National Security Agency (NSA) for counterterrorism purposes. The Foreign Intelligence Surveillance Court (“the FISC” or “the Court”) authorizes this program under the “business records” provision of the Foreign Intelligence Surveillance Act (FISA), 50 U.S.C. § 1861, enacted as section 215 of the USA PATRIOT Act (Section 215). The Court first authorized the program in 2006, and it has since been renewed thirty-four times under orders issued by fourteen different FISC judges. This paper explains why the telephony metadata collection program, subject to the restrictions imposed by the Court, is consistent with the Constitution and the standards set forth by Congress in Section 215. Because aspects of this program remain classified, there are limits to what can be said publicly about the facts underlying its legal authorization. This paper is an effort to provide as much information as possible to the public concerning the legal authority for this program, consistent with the need to protect national security, including intelligence sources and methods. While this paper summarizes the legal basis for the program, it is not intended to be an exhaustive analysis of the program or the legal arguments or authorities in support of it.
This report presents data and conclusions from the Heroin Domestic Monitor Program (HDMP) conducted by the Drug Enforcement Administration (DEA) for calendar year (CY) 2011. The HDMP provides data on the price, purity, and geographic source of heroin sold at the retail level in 27 U.S. cities. The data contained in this report are based on actual undercover heroin purchases made by the DEA and its law enforcement partners on the streets of these cities.
Department of Defense, Department of Homeland Security, Department of Justice, Federal Bureau of Investigation
A collection of Network Security Agreements (NSAs) entered into with foreign communications infrastructure providers ensuring U.S. government agencies the ability to access communications data when legally requested. The agreements range in date from 1999 to 2011 and involve a rotating group of government agencies including the Federal Bureau of Investigation (FBI), Department of Homeland Security (DHS), Department of Justice (DoJ), Department of Defense (DoD) and sometimes the Department of the Treasury. According to the Washington Post, the agreements require companies to maintain what amounts to an “internal corporate cell of American citizens with government clearances” ensuring that “when U.S. government agencies seek access to the massive amounts of data flowing through their networks, the companies have systems in place to provide it securely.”
In 2011, a total of 478,400 fatal and nonfatal violent crimes were committed with a firearm. Homicides made up about 2% of all firearm-related crimes. There were 11,101 firearm homicides in 2011, down by 39% from a high of 18,253 in 1993. The majority of the decline in firearm-related homicides occurred between 1993 and 1998. Since 1999, the number of firearm homicides increased from 10,828 to 12,791 in 2006 before declining to 11,101 in 2011. Nonfatal firearm-related violent victimizations against persons age 12 or older declined 70%, from 1.5 million in 1993 to 456,500 in 2004. The number then fluctuated between about 400,000 to 600,000 through 2011. While the number of firearm crimes declined over time, the percentage of all violence that involved a firearm did not change substantively, fluctuating between 6% and 9% over the same period. In 1993, 9% of all violence was committed with a firearm, compared to 8% in 2011.
This memorandum summarizes the basic payment principles. Title 21 U.S.C. § 876 authorizes the use of administrative subpoenas to obtain information relating to Title 21 investigations. DEA is under no obligation to pay for information provided in response to its issuance of an administrative subpoena unless a separate Federal statute or regulation specifically states that reimbursement is required.
National Institute of Justice Assessment of the Federal Assault Weapons Ban and Gun Violence 1994-2003
This overview presents key findings and conclusions from a study sponsored by the National Institute of Justice to investigate the effects of the federal assault weapons ban. This study updates prior reports to the National Institute of Justice and the U.S. Congress on the assault weapons legislation.
(U//LES) State and Local Anti-Terrorism Training (SLATT) Program: Terrorism Training for Law Enforcement
Eight presentations used in the State and Local Anti-Terrorism Training (SLATT) program for law enforcement, which is supported by grants from the Department of Justice’s Bureau of Justice Assistance.
For a number of years, Congress has recognized that State and local law enforcement could benefit from access to excess and surplus personal Federal property and has passed legislation to make this property and equipment available. The largest generator of this property has been the U.S. Department of Defense (DoD). Although this source of property has passed its peak and the amount and variety of excess property will continue to decline over time, law enforcement agencies can still obtain high-quality, high-value property at little or no cost.