Tag Archive for Department of Justice

Department of Justice Critical Incident Review Active Shooter at Robb Elementary School

On May 24, 2022, a mass shooting at Robb Elementary School in Uvalde, Texas, shook the nation. With just two days left in the school year, a former student armed with an AR-15 style assault rifle took the lives of 19 students and two teachers, physically injured at least 17 others, and left countless families, friends, and a community grief-stricken for their unimaginable loss. In the aftermath of the tragedy, there was significant public criticism of the law enforcement response to the shooting. At the request of then Uvalde Mayor Don McLaughlin, the U.S. Department of Justice (DOJ) announced on May 29, 2022, that it would conduct a Critical Incident Review (CIR) of the law enforcement response to the mass shooting. Recognizing that “[n]othing can undo the pain that has been inflicted on the loved ones of the victims, the survivors, and the entire community of Uvalde,” the Attorney General stated that the goal of the CIR was to “assess what happened and to provide guidance moving forward.”

Department of Justice Report on the Investigation into Russian Interference in the 2016 Presidential Election

The Internet Research Agency (IRA) carried out the earliest Russian interference operations identified by the investigation-a social media campaign designed to provoke and amplify political and social discord in the United States. The IRA was based in St. Petersburg, Russia, and received funding from Russian oligarch Yevgeniy Prigozhin and companies he controlled. The IRA later used social media accounts and interest groups to sow discord in the U.S. political system through what it termed “information warfare.” The campaign evolved from a generalized program designed in 2014 and 2015 to undermine the U.S. electoral system, to a targeted operation that by early 2016 favored candidate Trump and disparaged candidate Clinton. The IRA’s operation also included the purchase of political advertisements on social media in the names of U.S. persons and entities, as well as the staging of political rallies inside the United States. To organize those rallies, IRA employees posed as U.S. grassroots entities and persons and made contact with Trump supporters and Trump Campaign officials in the United States. The investigation did not identify evidence that any U.S. persons conspired or coordinated with the IRA. Section II of this report details the Office’s investigation of the Russian social media campaign.

National Institute of Justice Study: How Radicalization to Terrorism Occurs in the United States

Since its founding in 2012, the National Institute of Justice’s Domestic Radicalization to Terrorism program has sponsored research on how radicalization to terrorism occurs in the United States in order to support prevention and intervention efforts. These projects have taken a variety of approaches to examining the process of radicalization to terrorism, but in spite of this there is substantial overlap in their findings, which collectively provide evidence of the importance of several facilitators of radicalization and the need to take into account how this process unfolds within individuals over time.

Understanding Digital Footprints and Protecting Personal Information: A Guide for Law Enforcement

Personal information is increasingly distributed online by the media, the public, law enforcement agencies, and even law enforcement personnel themselves. It is imperative that law enforcement personnel understand the importance and consequences of their online activities and be proactive in monitoring and limiting their digital footprint. What may seem like an innocent upload or shared post can have a significant effect not only on law enforcement personnel but on their departments, families, and friends. Law enforcement should take the steps now to protect themselves and their family members before becoming a victim.

InterAgency Board Recommendations on Personal Protective Equipment and Decontamination Products for Fentanyl Exposure

Increased illicit use of opioids, including synthetic opioids such as fentanyl and its analogue carfentanil, is a source of increased risk to responders. Most routine encounters between patients or detainees and EMS or law enforcement do not present a significant threat of toxic exposure. While there are anecdotal reports of public safety personnel being exposed to opioids during operations, they are largely unconfirmed. To proactively address the potential risks, this document establishes guidance for personal protective equipment selection and use, decontamination, detection, and medical countermeasures for first responders who may be exposed to opioids in the course of their occupational activities. Throughout the remainder of this document, the term synthetic opioids will be used to include fentanyl, fentanyl analogues, morphine analogues, the U-series opioids, and others.

Department of Justice Report on San Francisco Police Department Reform Initiative

As a result of an extensive independent assessment of the San Francisco Police Department’s (SFPD) activities and operations, the U.S. Department of Justice (DOJ) Office of Community Oriented Policing Services (COPS Office) presents findings and recommendations on how to address the agency’s needs proactively in a long-term manner to improve trust between the SFPD and the communities it serves.

Department of Justice Policy Guidance: Use of Cell-Site Simulator Technology

Cell-site simulator technology provides valuable assistance in support of important public safety objectives. Whether deployed as part of a fugitive apprehension effort, a complex narcotics investigation, or to locate or rescue a kidnapped child, cell-site simulators fulfill critical operational needs. As with any law enforcement capability, the Department must use cell-site simulators in a manner that is consistent with the requirements and protections of the Constitution, including the Fourth Amendment, and applicable statutory authorities, including the Pen Register Statute. Moreover, any information resulting from the use of cell-site simulators must be handled in a way that is consistent with the array of applicable statutes, regulations, and policies that guide law enforcement in how it may and may not collect, retain, and disclose data.

Department of Justice Inspector General Audit of FBI Next Generation Cyber Initiative

Following the Office of the Inspector General’s (OIG) April 2011 report on the FBI’s ability to address the national cyber intrusion threat, in October 2012 the FBI launched its Next Generation Cyber (Next Gen Cyber) Initiative to enhance its ability to address cybersecurity threats to the United States. In fiscal year 2014, the FBI initially budgeted $314 million for its Next Gen Cyber Initiative, including a total of 1,333 full-time positions (including 756 agents). In addition, the Department of Justice (Department) requested an $86.6 million increase in funding for fiscal year 2014 to support the Initiative. The objective of this audit was to evaluate the FBI’s implementation of its Next Gen Cyber Initiative.

DoJ Community Oriented Policing Services Facebook, Twitter, YouTube Violent Extremism Awareness Briefs

Online radicalization to violence is the process by which an individual is introduced to an ideological message and belief system that encourages movement from mainstream beliefs toward extreme views, primarily through the use of online media, including social networks such as Facebook, Twitter, and YouTube. A result of radical interpretations of mainstream religious or political doctrines, these extreme views tend to justify, promote, incite, or support violence to achieve any number of social, religious, or political changes.

DoD-DoJ-CIA-NSA-ODNI Inspectors General Report on the President’s Surveillance Program

A declassified report from 2009 compiled by the offices of the Inspectors General of the Department of Defense, Department of Justice, Central Intelligence Agency, National Security Agency and Office of the Director National Intelligence on the President’s Surveillance Program.

DHS Privacy and Civil Liberties Assessment Report on Executive Order 13636

Section 5 of Executive Order 13636 (Executive Order) requires the DHS Chief Privacy Officer and Officer for Civil Rights and Civil Liberties to assess the privacy and civil liberties impacts of the activities the Department of Homeland Security (DHS, or Department) undertakes pursuant to the Executive Order and to provide those assessments, together with recommendations for mitigating identified privacy risks, in an annual public report. In addition, the DHS Privacy Office and the Office for Civil Rights and Civil Liberties (CRCL) are charged with coordinating and compiling the Privacy and Civil Liberties assessments conducted by Privacy and Civil Liberties officials from other Executive Branch departments and agencies with reporting responsibilities under the Executive Order.

Department of Justice Inspector General Report on FBI Section 215 Orders 2007-2009

This Executive Summary provides a brief overview of the results of the Department of Justice (Department or DOJ) Office of the Inspector General’s (OIG) third review of the Federal Bureau of Investigation’s (FBI) use of the investigative authority granted by Section 215 of the Patriot Act. Section 215 is often referred to as the “business record” provision. The OIG’s first report, A Review of the Federal Bureau of Investigation’s Use of Section 215 Orders for Business Records, was issued in March 2007 and covered calendar years 2002 through 2005. The OIG’s second report, A Review of the FBI’s Use of Section 215 Orders for Business Records in 2006, was issued in March 2008 and covered calendar year 2006. This third review was initiated to examine the progress the Department and the FBI have made in addressing the OIG recommendations which were included in our second report. We also reviewed the FBI’s use of Section 215 authority in calendar years 2007, 2008, and 2009.

DoJ Update to Policy Regarding Questioning, Arresting, or Charging Members of the News Media

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.

Implementing a Body-Worn Camera Program: Recommendations and Lessons Learned

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.

Bureau of Justice Assistance Managing Large-Scale Security Events Planning Guide

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.

National Institute of Justice Body Cavity Screening Technology Assessment and Market Survey

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.

Department of Justice Review of FBI Use of National Security Letters 2007-2009

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.

Department of Justice White Paper on Sharing Cyberthreat Information

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.