AG 16-1481 1 RETURN TO: EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: POLICE DEPARTMENT
2. ORIGINATING STAFF PERSON: LYNETTE ALLEN
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.
❑ PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT
❑ REAL ESTATE DOCUMENT
❑ ORDINANCE
❑ CONTRACT AMENDMENT (AG #):
x OTHER AGREEMENT
EXT: 6701 3. DATE REQ. BY: ASAP
G., RFB, RFP, RFQ)
❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ MAINTENANCE AGREEMENT
❑ HUMAN SERVICES / CDBG
❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ RESOLUTION
❑ INTERLOCAL
5: PROJECT NAME: WA. STATE INTERAGENCY AGREEMENT - INTERNET CRIMES AGAINST CHILDREN TASK FORCE
6. NAME OF CONTRACTOR: SEATTLE POLICE DEPARTMENT
ADDRESS: PO Box 34986, SEATTLE, WA 98124 -4986 TELEPHONE _
E -MAIL: CONTACT: CAPTAIN MICHAEL EDWARDS FAX:
SIGNATURE NAME: KATHLEEN O'TOOLE TITLE CHIEF OF POLICE
7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑
ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS
8. TERM: COMMENCEMENT DATE: JULY 1, 2016 COMPLETION DATE: JUNE 30, 2017
9. TOTAL N/A (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT:
IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT /CONTRACT REVIEW INITIAL / DATE REVIEWED
❑ PROJECT MANAGER
J'DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW
11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE:
INITIAL / DATE APPROVED
7 /aL /1L
COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ LAW DEPARTMENT
❑ SIGNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK
❑ ASSIGNED AG#
❑ SIGNED COPY RETURNED
INITIAL / DATE SIGNED
A # 1(g-11/8
DATE SENT: 12, - 1-2 -1(e
COMMENTS:
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COUNCIL MEETING DATE: September 20, 2016
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: 5d
SUBJECT: INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE INTERNET CRIMES AGAINST
CHILDREN (ICAC) TASK FORCE ACTING THROUGH THE CITY OF SEATTLE POLICE DEPARTMENT AND
FEDERAL WAY POLICE.
POLICY QUESTION: Should the City Of Federal Way / Federal Way Police Department enter into an
Agreement with the Washington State Internet Crimes Against Children Task Force acting through the City of
Seattle Police Department?
COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: Sept. 13, 2016
Council Committee (PRHS &PSC)
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business n Resolution ❑ Other
STAFF REPORT BY: Chris Norman, CIS Commander
Attachments:
1. PRHS &PS Staff Memo
2. ICAC Interagency Agreement
3. Attachment A — Internet Crimes Against Children Program
Options Considered:
1. Accept the ICAC Agreement
2. Reject the ICAC Agreement
DEPT: Police
MAYOR'S RECOMMENDATIO ccept the ICAC Interagency Agreement
MAYOR APPROVAL:
CHIEF OF STAFF:
� DIRECTOR APPROVAL: 54 / ....7
ounce �� Initial
o itt e Council
COMMITTEE RECOMMENDATION: "I move to forward the Interagency Agreement between the Washington State
Internet Crimes Against Children Task Force Acting through the City of Seattle Police Department and Federal
Way Police Department to the September 20, 20 6 Council cons nt agenda for approval."
Co ittee Chair Committee ember
PROPOSED COUNCIL MOTION: "I move to accept the Interagency Agreement between the Washington State
Internet Crimes Against Children Task Force Acting through the City of Seattle Police Department and
Federal Way Police Department and authorize the Chief of Police to execute said Agreement."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
OUNCIL ACTIO►
APPROVE �0 L� / 20/ / Le COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED— 08/12/2010 RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: September 13, 2016
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: Interagency Agreement between the Washington State Internet Crimes Against
Children Task Force Acting through the City of Seattle Police Department and
Federal Way Police Department
The Department of Justice (DOJ) and Office of Juvenile Justice and Delinquency Prevention
(OJJDP) have created the Internet Crimes Against Children (ICAC) Task Force Program which
is a national network of state and local law enforcement cybercrime units. Its mission is to assist
law enforcement with crimes that are technology- facilitated child sexual exploitation and internet
crimes against children.
The task force program assists with forensic and investigative components, training and technical
assistance, victim services, and prevention and community education.
The Federal Way Police Department is requesting authorization to enter into the interagency
agreement to be a part of the ICAC national network.
There is no cost to Federal Way.
1
INTERAGENCY AGREEMENT
BETWEEN
THE WASHINGTON STATE INTERNET
CRIMES AGAINST CHILDREN TASK FORCE
ACTING THROUGH THE CITY
OF SEATTLE POLICE DEPARTMENT
AND
FEDERAL WAY POLICE DEPARTMENT
This Interagency Agreement is entered into by and between the Washington State Internet
Crimes against Children Task Force (WA ICAC TF), acting through the City of Seattle Police
Department and Federal Way Police Department (Affiliate Agency) acting through its duly
authorized representative.
WHEREAS, The United States Department of Justice (DOJ) Office of Juvenile Justice and
Delinquency Prevention ( OJJDP) have created the Internet Crimes Against Children
(ICAC) Task Force Program, which is a national network of state and local law enforcement
cybercrime units. The mission of the national ICAC Task Force Program is to assist state
and local law enforcement agencies develop an effective response to technology- facilitated
child sexual exploitation and Internet crimes against children. This assistance encompasses
forensic and investigative components, training and technical assistance, victim services,
prevention and community education. Due in large part to the technological aspects of
these cases, the ICAC Task Force Program promotes a multi - jurisdictional, multi- agency,
team approach to investigating and prosecuting ICAC cases; and
WHEREAS, the ICAC Task Force Program is a national network of 61 coordinated task
forces representing more than 3,500 federal, state, and local law enforcement and
prosecutorial agencies with each task force having an agency designated by the OJJDP as
the "Lead Agency" which is the law enforcement agency that is awarded federal funding to
serve as the "Lead" "Agency" for the corresponding Task Force.
WHEREAS, the SPD has been designated by the OJJDP as the "Lead Agency" to oversee the
multi - jurisdictional Washington State Internet Crimes Against Children Task Force
(WA ICAC TF) intended to combat crimes related to the sexual exploitation, enticement
and victimization of children through the Internet, online communication systems,
telecommunications technology and other computer technology; and
Page 1 of 7
WHEREAS, the SPD is the recipient of a Federal grant through the OJJDP to assist in the
investigation and prosecution of Internet crimes against children; and
WHEREAS, the SPD will assist law enforcement agencies in Washington State to increase
their computer forensic capabilities and receive appropriate training to investigate
Internet related cases; and
WHEREAS, agencies that agree to work with the SPD as the "Lead Agency" shall be
identified in the program as an "Affiliate" or "Affiliate Agency" will execute this signed
agreement under the authorization of the proper authority of said agency following all of
the terms, conditions and tenets contained herein.
NOW THEREFORE, the parties hereto agree as follows:
This Interagency Agreement contains thirteen (13) Articles.
ARTICLE I TERM OF AGREEMENT
Affiliate Agencies may withdraw from this Interagency Agreement and new Affiliate
Agencies may be added by executing an Interagency Agreement with the SPD in
substantially the same form as this Interagency Agreement. The term of this Interagency
Agreement shall be in effect until terminated pursuant to the provisions hereof. Either
agency may cancel this agreement with (30) thirty days of written notification to the other
agency. Said notification must be provided from the appropriate authorized authority
within that agency. Upon receipt of the written notification the SPD will permanently
remove the agency from Affiliate Agency status with the ICAC Program.
ARTICLE II OPERATIONAL STANDARDS
Affiliate Agencies agree to adhere to the ICAC Task Force Program Operational and
Investigative Standards, attached to and made part of this Agreement, as Attachment A. The
undersigned law enforcement agency agrees to investigate ICAC cases within their
jurisdiction, and assist other jurisdictions to investigate these cases.
Affiliate Agencies agree to participate on the Washington Internet Crimes Against Children
Task Force that is overseen by the SPD.
Affiliate Agencies agree to use only sworn law enforcement investigators to conduct ICAC
investigations. Each investigator involved with undercover operations must receive ICAC
Program training prior to initiating proactive investigations and shall submit reports of all
undercover activity to the SPD ICAC.
Affiliate Agencies agree to conduct reactive investigations where subjects are associated
within the Affiliate Agencies jurisdiction, including investigations of child pornography,
Cybertip (CT) referrals from the National Center for Missing and Exploited Children
(NCMEC), Internet Service Provider (ISP) and law enforcement referrals, and other ICAC-
related investigations. Additional case initiations may develop from subject interviews,
Page2of7
documented public sources, direct observations of suspicious behavior, public complaints,
etc.
Affiliate Agencies agree to record and document all undercover online activity. Any
deviations from this policy due to unusual circumstances shall be documented in the
relevant case file, reviewed and authorized by the ICAC Unit Commander, or equivalent, for
that agency.
Affiliate Agencies agree to provide the SPD with access to all ICAC investigative files
including, without limitation, computer records, in order to ensure compliance with all
national ICAC standards.
Affiliate Agencies agree to locate its ICAC investigators in secured space, to be provided by
the Affiliate Agency, with controlled access to all equipment, software, and investigative
files. At a minimum, information should be maintained in locked cabinets and under
control of each Affiliate Agencies ICAC personnel, with restricted access to authorized
personnel.
Affiliate Agencies agree to conduct education and prevention programs to foster awareness
and provide practical, relevant guidance to children, parents, educators, librarians, the
business and law enforcement communities, and other individuals concerned about
Internet child safety issues. Presenters shall not discuss ongoing investigative techniques
and undercover operations utilized by the WA ICAC TF, its Affiliate Agencies or the national
ICAC Program.
Affiliate Agencies agree to be responsible for proper maintenance and use of any
equipment purchased with OJJDP Grant funds and loaned to an Affiliate Agency by the SPD.
Upon termination of this Interagency Agreement, ownership of equipment, hardware, and
other non - expendable items will revert to the SPD.
Affiliate Agencies agree to utilize applicable State and Federal laws to prosecute criminal,
civil, and forfeiture actions against identified violators, as appropriate.
Affiliate Agencies shall maintain accurate records pertaining to prevention, education and
enforcement activities, to be collected and forwarded not less than monthly to the SPD
ICAC Commander, Seattle Police Department, PO Box 34986, Seattle, WA 98124 -4986, for
statistical reporting purposes (form provided.)
ARTICLE III SUPERVISION
Each Affiliate Agency will be responsible for the day -to -day operational supervision,
administrative control, and personal and professional conduct of its officers and agents
assigned to assist the WA ICAC TF. WA ICAC TF investigations are a cooperative effort and
investigative decisions will be a joint process guided by the WA ICAC TF standards.
ARTICLE IV JURISDICTION
Page3of7
The principal sites of WA ICAC TF activities will be in the respective jurisdictional area of
each Affiliate Agency. Nothing in this agreement shall otherwise limit or enhance the
jurisdiction and powers normally possessed by an Affiliate Agency's employee(s) as a
member of the WA ICAC TF. Affiliate Agencies may on occasion be referred investigations
that are outside of the physical boundaries of their respective municipalities due to specific
needs, capabilities or expertise as identified by the WA ICAC TF Lead Agency. Affiliate
Agencies agree to take these referrals and conduct appropriate investigations in
conformance with the ICAC Operational Standards, investigative or operational training,
and their agency policing policies.
ARTICLE V EVIDENCE
Seized evidence and any other related forfeiture will be handled in a manner consistent
with the seizing law enforcement agency's policies.
ARTICLE VI INSURANCE AND LIABILITY
Each Affiliate Agency shall maintain sufficient insurance coverage or a fully funded self -
insurance program, approved by the State of Washington, for the protection and handling
of the liabilities including injuries to persons and damage to property. Each Affiliate Agency
agrees to maintain, at its own expense, insurance or self- insurance coverage for all of its
liability exposures for this Agreement and agrees to provide the City of Seattle with at least
30 days prior written notice of any material change in the Affiliate Agency's liability
coverage.
ARTICLE VII REPORTING STANDARDS
Using a process provided by the SPD, each Affiliate Agency shall submit monthly statistics
to the SPD on all ICAC investigations or other investigative work pertaining to the sexual
exploitation of children via the Internet. These statistics shall be submitted in the
appropriate format by the 10th day of each successive month that the statistics were
acquired and shall include data on all related investigations opened or closed during the
month in all of the categories as designated on the provided form.
In addition, a breakdown or summary of basic case data shall be included for each sexual
exploitation of a minor (child pornography) case, and /or criminal solicitation of a minor
(enticement /traveler) case investigated by an Affiliate Agency along with references to any
local media reporting on the investigation. The SPD will be responsible for all required
reporting to the OJJDP.
ARTICLE VIII TRAINING
Affiliate Agencies shall make every effort to make investigators designated as Task Force
Members available for applicable specialized training provided through the national ICAC
Program and other appropriate training programs. The SPD will review training requests
and provide funding for ICAC- approved training when appropriate. This funding will
include, but is not limited to; WA ICAC TF hosted, or sponsored or facilitated training
through the national ICAC Programs authorized vendors.
Page 4 of 7
Affiliate Agencies seeking funding assistance will be required to submit requests at least
thirty (30) days in advance in writing and to comply with the procedures set forth in a
separate Interagency Agreement for funding requests. A sample of this Interagency
Agreement is available upon request but in no way is tacit or expressed authorization of
requested funding or financial assistance given in advance. Funding under the Interagency
Agreement is limited to the available funds that are received by the SPD under the OJJDP
Grant program for the national ICAC program.
ARTICLE IX CONFIDENTIALITY
The parties agree that any confidential information pertaining to investigations of WA ICAC
TF will be held in the strictest confidence, and will only be shared with other Affiliate
Agencies or other law enforcement agencies not participating in the WA ICAC TF where
necessary or as otherwise permitted by federal and /or state law.
ARTICLE X COMPLIANCE WITH EQUAL OPPORTUNITY LAWS
To the extent required by law, the Affiliate Agency shall comply with all applicable laws,
standards, orders and regulations regarding equal employment which are applicable to the
Affiliate Agency's performance of this Interagency Agreement, including Rules of Practice
for Administrative Proceeding to Enforce Equal Opportunity under Executive Order No.
11246, title 41, subtitle B, Chapter 60, part 60 -30, which are incorporated herein by
reference.
ARTICLE XI GOVERNING LAW AND VENUE
This Interagency Agreement is governed in all respects by applicable local, State, and
Federal laws which shall supersede any provisions made in this Interagency Agreement to
the contrary. Any provision effected will not negate the rest of the Interagency Agreement.
In case any one or more of the provisions contained in this Interagency Agreement shall be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this Interagency
Agreement shall be construed as if such invalid, illegal or unenforceable provision had
never been contained herein. Exclusive venue is in Seattle, King County, Washington.
ARTICLE XII EFFECTIVE DATE
This Interagency Agreement shall be effective on October 1, 2016_and continue for one (1)
years. Upon expiration of the two (2) years this Interagency Agreement shall automatically
be renewed for one (1) additional year until such time as federal funding for the ICAC Task
Force Program ends or the Interagency Agreement is canceled by either party upon 30
days' written notice delivered to both parties' as delineated in ARTICLE I TERM OF
AGREEMENT. This Interagency may be executed in multiple counterparts, each of which
shall be deemed to be an original, but all of which, taken together, shall constitute one and
the same agreement.
Page 5 of 7
The additional or deletion of Affiliate Agencies to or from this Interagency Agreement shall
not affect the Interagency Agreement with the remaining Affiliate Agencies.
This Interagency Agreement can be amended or replaced in the event of new requirements
under the national ICAC Task Force Program or as designated by law or other proper
lawful authority.
ARTICLE XIIIAMENDMENTS
No modification or amendment of the provisions hereof shall be effective unless in writing
and signed by authorized representatives of the parties hereto. The parties hereto
expressly reserve the right to modify this Agreement, by mutual agreement.
Page 6 of 7
WASHINGTON STATE
INTERNET CRIMES AGAINST CHILDREN
TASK FORCE
INTERAGENCY AGREEMENT
EXECUTED BY
The SEATTLE POLICE DEPARTMENT (SPD),
a department of the City of Seattle, hereinafter referred to as "SPD ",
Department Authorization Representative:
Captain Michael Edwards
PO Box 34986
Seattle WA 98124 -4986
AND
The FEDERAL WAY POLICE DEPARTMENT,
a department of the City of Federal Way, hereinafter referred to as "FWPD"
Department Authorized Representative:
Chief of Police Andy Hwang
Federal Way Police Department
33325 8th Ave. S.
Federal Way, WA 98003
In Witness Whereof, the parties have executed this Agreement by having their
representatives affix their signatures below.
FEDERAL WAY POLICE DEPARTMENT SEATTLE POLICE DEPARTMENT
Andy Hwang, Chief of Police
eA
Kathleen O'Toole, Chief of Police
Date: 2. /4 Date:
Page 7 of 7
AAlAciteiwvivri— 74
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LAW ENFORCEMENT SENSITIVE
Internet Crimes Against
Children Program
OPERATIONAL
AND
INVESTIGATIVE
STANDARDS
ICAC Program Operational and Investigative Standards
FOR ICAC PURPOSES ONLY
Revised Update: October 16, 2014
Page 1 of 17
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Table of Contents
Definitions of Terms 3
1. Purpose of the ICAC Standards 5
2. ICAC National Program 6
3. Oversight of the ICAC Program 7
4. Selection and Retention of Task Force Members 8
5. Training 9
6. Case Management 10
7. Task Force Reporting Requirements to OJJDP 11
8. Investigations 12
9. Work Environment 14
10. Victim Identification 15
11. Public Awareness and Community Outreach 16
12. Media Relations and Media Releases 17
ICAC Program Operational and Investigative Standards
FOR ICAC PURPOSES ONLY
Revised Update: October 16, 2014
Page 2 of 17
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Definitions of Terms
Applicability of Terms
Although some of the definitions below may be generally applicable to law enforcement,
they are intended for use in the interpretation of these Standards. As such, where any
term defined below is capitalized in these Standards, the Standards are referring to that
term as defined below. By contrast, where any term defined below is not capitalized in
these Standards, the Standards are referring to that term as it is used generally in the field
of law enforcement.
"Affiliate" or Affiliate Agency" is an agency that is working with a Lead Agency as part
of a regional or State ICAC Task Force. An Affiliate has agreed in writing to adhere to
these Standards.
"Authorized Personnel" are Members who themselves lack powers of arrest but have
been authorized by their respective agency to participate in Investigations and are being
supervised by Sworn Personnel.
"Commander" is the Member of a Lead Agency who has been designated by that Lead
Agency and recognized by OJJDP as the leader of the corresponding Task Force.
"CEOS" is the Child Exploitation and Obscenity Section of the Criminal Division of the
DOJ.
"Crime" is any offense (or group thereof) that involves (or involve) the
exploitation /victimization of children facilitated by technology.
"CVIP" is the Child Victim Identification Project operated by NCMEC.
"CyberTipline" is a reporting mechanism operated by NCMEC that allows for the
reporting of suspected Crimes.
"Deconflict" is a process whereby Members are able to submit Investigative information
to each other and /or to ICAC - related databases in order to determine whether other
Members or other law enforcement agencies have information concerning the same
targets or Crimes.
"DOJ" is the United States Department of Justice.
"Employee" is a sworn or compensated individual, or any individual working under the
direction and control of a law enforcement agency.
ICAC Program Operational and Investigative Standards
FOR ICAC PURPOSES ONLY
Revised Update: October 16, 2014
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"Equipment" is any device or tool — including but not limited to computers, phones, and
online accounts and services -- purchased or obtained for use in ICAC- related matters.
"ICAC" is the Internet Crimes Against Children Program, a national program composed
of state and regional Task Forces.
"Images" are visual depictions in any form (image or video /printed or digital) of child
sexual exploitation as defined by federal and /or state statute.
"Investigation" is an investigation into a Crime. Likewise, "Investigate" "Investigating"
and "Investigative" are used within the same context.
"Investigative Persona" — any identity established or created by an Employee to aid an
Investigation.
"Investigator" is a Member who is a part of the Sworn Personnel of a Task Force.
"Lead" or "Lead Agency" is the law enforcement agency that receives the ICAC grant
and is designated by OJJDP to act as the lead agency for the corresponding Task Force.
"Member" is a Lead or Affiliate Agency's employee who is either Sworn Personnel or
Authorized Personnel and who has been designated to work on ICAC - related matters for
his/her respective agency and Task Force.
"National Initiative" is any proposal that relies on the cooperation and resources of a
significant number of Task Forces and, accordingly, has been approved by OJJDP.
"NCMEC" is the National Center for Missing and Exploited Children.
" OJJDP" is the Office of Juvenile Justice and Delinquency Prevention within the DOJ.
"Supervisor" is a Member who has been designated by his/her respective agency to
supervise Investigations and other ICAC- related matters.
"Standards" are all of the provisions of these, the ICAC Operational and Investigative
Standards.
"Sworn Personnel" are Members with powers of arrest.
"Task Force" is the Lead Agency and its Affiliate(s) (combined) as designated by
OJJDP for a particular state or region.
ICAC Program Operational and Investigative Standards
FOR ICAC PURPOSES ONLY
Revised Update: October 16, 2014
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1. Purpose of the ICAC Standards
These Standards are established by OJJDP to guide administration and operation of ICAC
and its Members when working on ICAC - related Investigations and matters.
ICAC Members should make every reasonable effort to comply with these Standards.
However, since many aspects of Investigations are dynamic and laws vary widely
between jurisdictions — their genesis; methods for their evidentiary pursuit; and their
application within court — it is difficult to anticipate every circumstance that might
present itself. Thus, reasonable deviations from these Standards may occur depending
upon various factors (e.g., emergency situations; timing constraints; accessibility
constraints; resource constraints; technology constraints; perceived conflicts between the
Standards and statutes, decisional law, and court orders; et cetera).
Should questions regarding the interpretation of these Standards arise or conflicts occur
between these Standards and agency policies or law, the subject Commander faced with
the issue shall seek the guidance of an OJJDP Program Manager. However, nothing in
these Standards is meant to interfere with a Commander's or Supervisor's lawful tactical
decision - making.
Commanders may supplement, but not contradict, these Standards in the written
agreements they establish with their Affiliates to promote the effective operation of their
Task Forces.
ICAC Program Operational and Investigative Standards
FOR ICAC PURPOSES ONLY
Revised Update: October 16, 2014
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2. ICAC National Program
2.1 Mission of the ICAC Program
The Internet Crimes Against Children Task Force Program (ICAC) helps state and local
law enforcement agencies develop an effective response to technology - facilitated child
sexual exploitation and Internet crimes against children. This support encompasses
forensic and investigative components, training and technical assistance, victim services,
prevention and community education.
2.2 ICAC Background
The Internet Crimes Against Children Program (ICAC) is a national network of 61
coordinated task forces representing more than 3,500 federal, state, and local law
enforcement and prosecutorial agencies. These agencies are engaged in both proactive
and reactive investigations, forensic examinations, and criminal prosecutions. By helping
state and local agencies develop effective, sustainable responses to online child
victimization — including responses to child sexual abuse images (Images), The ICAC
Program has increased law enforcement's capacity to combat technology facilitated
crimes against children at every level.
The ICAC Program was developed in response to the increasing number of children and
teenagers using the Internet and other technology, the proliferation of child sexual abuse
images available electronically, and the heightened online activity by predators seeking
unsupervised contact with potential underage victims.
Because ICAC Members understand that arrests alone cannot resolve the problem of
technology - facilitated child sexual exploitation, the ICAC Program is also dedicated to
training law enforcement officers and prosecutors, as well as educating parents and youth
about the potential dangers of online activity.
ICAC Program Operational and Investigative Standards
FOR ICAC PURPOSES ONLY
Revised Update: October 16, 2014
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3. Oversight of the ICAC Program
3.1 The oversight of the ICAC Task Force Program and the administration of ICAC
grants is the responsibility of OJJDP. The oversight of each Task Force falls to its
Commander. The oversight of each agency, both Lead and Affiliate, falls to its
designated Supervisor.
3.2 Commanders shall ensure there are supervisory systems and protocols in place
that provide for observation, documentation, and review of ICAC activity. Said systems
shall comply with the principles of quality case management and shall ensure that ICAC
activities comply with agency policies and these Standards.
3.3 Commanders shall ensure that each Member in his/her Lead Agency and each
Supervisor of an Affiliate Agency receives a copy of the Standards.
3.3.1 Supervisors shall ensure that each Member in his/her Affiliate Agency
receives a copy of the Standards.
3.4 Commanders shall submit all proposed National Initiatives to OJJDP prior to the
start of the project.
3.4.1 OJJDP may suggest amendments to the original proposal following
consultation with the presenting Commander and, as appropriate,
other federal, state, and local entities.
3.5 Supervisors shall inform their Members about departmental or Task Force
employee assistance programs and services available to them.
ICAC Program Operational and Investigative Standards
FOR ICAC PURPOSES ONLY
Revised Update: October 16, 2014
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4. Selection and Retention of Task Force Members
4.1 When practicable during the selection process of Members, Commanders and
Supervisors shall evaluate prospective candidates for work histories that indicate prior
investigative experience, courtroom testimony skills, technical knowledge and ability, an
ability to prudently handle sensitive information, a genuine interest in the protection of
children, and an understanding of the effects that Members may experience when
exposed to Images.
4.2 Commanders and Supervisors shall acknowledge the potential effects of
Investigations and exposure to Images. When practicable, they shall attempt to mitigate
the potential effects of the work using, for example, the following techniques:
• Work environment considerations — Commanders and Supervisors are
encouraged to provide a physical location for the work environment that allows the
Investigator to conduct discreet Investigations.
• Work flexibility — Commanders and Supervisors are encouraged to allow
flexibility for Investigators and others who are exposed to Images (e.g., frequent
breaks, having an open -door policy, etc.).
• Educating colleagues — Commanders and Supervisors are encouraged to teach
their colleagues that the viewing of Images is serious and restricted.
• Work with Mental Health Providers (MHP) — In compliance with their agency
guidelines, Commanders and Supervisors are encouraged to work with MHP to
make recommendations for care of Members and to provide education and training
designed to minimize the impact of Images.
• Training -- Commanders and Supervisors are encouraged to share or seek out
best practices for minimization of the impact of Images and to promote attendance
at trainings regarding methods used to minimize said impact.
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5. Training
5.1 Carefully- managed Investigations conducted by well- trained Investigators are
among the most effective techniques available to law enforcement for addressing Crime.
5.2 All national training curricula supported by ICAC resources shall be conducted
consistent with the Standards and shall be approved by OJJDP.
5.3 Commanders shall ensure that nominees to attend any ICAC- sponsored national
in- person training are current Members.
5.4 Task Forces may develop and deliver Task Force training. This training shall
comply with the Standards and shall be approved by the Commander. All costs to
develop and deliver the training shall be the responsibility of the Task Force or Affiliate
providing the Task Force training.
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6. Case Management
6.1 Commanders and Supervisors are responsible for determining Investigative
priorities and selecting cases for Investigation in their respective agencies. Those
determinations shall include an assessment of victim risk, jurisdiction, known offender
behavioral characteristics, and the likelihood of securing the information necessary to
pursue each Investigation.
6.2 Conventional boundaries often are meaningless in today's digital world where the
usual constraints of time, place, and distance lose their relevance. These factors increase
the possibility of Lead and /or Affiliate Agencies targeting other law enforcement
personnel, Investigating the same target, or inadvertently disrupting an ongoing
Investigation. To foster effective case coordination, collaboration, and communication,
each Member shall make every effort to Deconflict all active Investigations.
6.3 Lead and Affiliate Agencies shall be subject to their respective agency's incident
reporting procedures and case supervision systems. At a minimum, a unique identifier
shall be assigned to each case.
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7. Task Force Reporting Requirements to OJJDP
7.1 The reports described below do not replace the semi - annual progress report
required by the Office of Justice Programs' Financial Guide.
7.2 Commanders shall compile and submit a Task Force Monthly Performance
Measures Report to the OJJDP- designated location before the end of the following
calendar month.
7.2.1 Affiliates shall report their activity to their respective Commander
by the 10th of each month using the ICAC Monthly Performance
Measures Report.
7.3 Commanders shall compile and submit information on all cases referred or local,
state, or federal prosecution. Information is required for all cases referred by the Lead
Agency, as well as all Affiliates that received more than $20,000 a year in OJJD ICAC
funding, and any Affiliate the Commander selects to include. The case reporting
requirement is ongoing and begins with the prosecutorial agency the case is referred to
and continues through the final disposition of the case.
7.3.1 This ongoing quarterly report shall be submitted within 30 days of
the end of the quarter.
7.4 Commanders shall compile and submit an annual report which details each of
their Affiliates. The report shall be submitted in a method determined by OJJDP and
shall include the following information:
7.4.1 The name of each Affiliate Agency.
7.4.2 The staffing level of each Affiliate including the number f
Investigators, prosecutors, education specialists, and forens.c
specialists dedicated to Investigating and prosecuting Crime.
7.4.3 This ongoing annual report shall be submitted within 30 days oft e
end of the calendar year.
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8. Investigations
8.1 Investigations shall be conducted in a manner consistent with applicable laws and
constitutional requirements.
8.2 Only Sworn Personnel shall conduct Investigations.
8.2.1 Authorized Personnel acting under the direction and supervision of
Sworn Personnel may participate in Investigations.
8.2.2 Members shall not approve, condone, encourage, or promote cyber-
vigilanteism by private citizens. As such, Members shall not use
unauthorized private citizens to proactively seek out Investigative
targets.
8.2.3 The above section (8.2.2) shall not preclude the use of information
related to a Crime provided by victims or public citizens who
discover evidence (e.g., CyberTip reports, mandated reports from
professionals, computer repair shop complaints, parental
complaints, et cetera). Nor does it preclude the use of authorized
over -hears or other similar investigative methods designed to further
an Investigation.
8.3 Investigations shall be documented. Any departures from this provision due to
unusual or exigent circumstances shall be documented in the relevant case file and
reviewed by the Supervisor.
8.3.1 The retention, storage, security, and disposal of Investigative or case
information shall be consistent with the subject agency's policies
and federal and state law regarding same.
8.3.2 Access to Investigative case files shall be restricted to Authorized
Personnel.
8.4 Members shall not electronically upload, transmit, or forward any Images.
8.4.1 Section 8.4 shall not prohibit the transfer of evidence between
Investigators as provided for by sections 8.9 and 8.10 of these
Standards nor shall it prohibit the submission of Images to CVIP as
provided for by section 10.1 of these Standards.
8.5 Visual depictions of any identifiable person used to represent an investigative
persona or any identifiable minor, shall be only those of an Employee who has given his
or her written consent and only if that Employee was at least 18 years old at the time of
consent. Further, the depictions themselves may be of that Employee under the age of 18.
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8.6 Absent prosecutorial input to the contrary, during online dialogue, officers shall
allow the Investigative target to set the tone, pace, and subject matter of the online
conversation
8.6.1 The above section (8.6) shall not be construed to prohibit
Investigators from performing any of the following activities when
initiating or conducting an Investigation: (a) posting information
including visual depictions (image or video /printed or digital) to
establish an online presence, (b) placing advertisements or posts, or
(c) sending messages.
8.6.2 Members shall familiarize themselves with relevant state and federal law,
including but not limited to those regarding the defense of entrapment, and
should confer with relevant prosecutors for legal consultation, as needed.
8.6.3 Members planning large -scale (multi- target) operations shall advise
the Commander and shall consult relevant prosecutors regarding the
operation.
8.7 The examination of digital storage devices shall be performed consistent with the
subject agency's protocol.
8.8 Images shall be maintained pursuant to the subject agency's policy.
8.8.1 Absent a court order specifically ordering otherwise, evidence
containing Images shall not be released to any defendant or
representative thereof.
8.9 Absent exigent circumstances, all Members' case referrals between jurisdictions
shall include:
• Notification to and acceptance by the Commander(s) of both jurisdictions that are
involved in the referral;
• A secure (i.e., digitally - protected) copy of the case file;
• An official Investigative report or affidavit containing case details; and,
• Documentation, preferably the original, of all legal process conducted and all
compliance with same, especially those documents related to the issue of
jurisdiction and identification of suspect(s).
8.10 The transfer of evidence containing Images among law enforcement shall be done
in a secure manner.
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9. Work Environment
9.1 ICAC Equipment shall be reserved for the exclusive use of its Members, and shall
be used in accordance with their respective agency's policies.
9.2 When practicable, Equipment which might be used in undercover aspects of an
Investigation shall be purchased covertly.
9.3 No personally -owned Equipment shall be used in Investigations.
9.4 Software shall be properly acquired and licensed.
9.5 Investigations shall be conducted in an approved work environment as designated
by a Commander or Supervisor.
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10. Victim Identification
10.1 Identifying child victims of Crime is a critical element of the ICAC Program.
DOJ and OJJDP require the Lead Agencies and Affiliates to submit Images to CVIP as a
means to improve child victim identification. Absent exigent circumstances, Images
shall be sent to CVIP pursuant to NCMEC's standards regarding same. In addition, Lead
Agencies and Affiliates are encouraged to collaborate with NCMEC in their effort to
identify children depicted in Images.
10.2 Absent exigent circumstances, victim - identifying information shall be protected
from public disclosure pursuant to the protections set forth in federal and state law.
10.3 Lead Agencies and Affiliates shall adhere to local, state, and federal laws
regarding mandated reporting, victim notification, and victim assistance.
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11. Public Awareness and Community Outreach
11.1 Public awareness activities and community outreach are a critical component of
ICAC. Lead and Affiliate Agencies shall foster awareness and shall provide practical
relevant guidance to children, parents, educators, and others concerned with child safety.
11.2 Presentations to school personnel, parents, and community groups are excellent
ways to promote awareness. These presentations shall not depict identifiable victims nor
shall they use pornographic or sexually explicit images. Presenters shall not discuss
confidential Investigative techniques.
11.3 Members shall not endorse any product or service without the express written
consent of an OJJDP Program Manager. While making public presentations, Members
may indicate a preference for a product or service, but, where done, shall avoid an
implicit endorsement and shall include alternatives in the presentation.
11.4 Materials and presentations shall be consistent with ICAC's mission and
background, as enumerated in Section 2 of these Standards.
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12. Media Relations and Media Releases
12.1 Media releases relating to prosecutions, Crime alerts, or other matters concerning
ICAC operations shall not include information regarding confidential Investigative
techniques, and shall be coordinated, when applicable, with the law enforcement agencies
involved with the subject Investigations, in a manner consistent with sound information
management and sound media relations practices.
12.2 Commanders and Supervisors may speak to members of the media about their
own agency's ICAC - related activities per the terms of their agency's policy on such
media relations. No individual affiliated with ICAC may speak on behalf of the national
ICAC Program without the express written consent of OJJDP.
12.3 Commanders shall inform their OJJDP Program Manager if approached by
national media outlets about the national ICAC Program (as opposed to media seeking
information about local activities) so that a coordinated national response can be prepared
by OJJDP.
12.4 Information provided by Task Forces to the media shall be consistent with
ICAC's mission and background, as described in Section 2 of these Standards.
End of ICAC Standards
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