HomeMy WebLinkAboutIowa Internet Crimes Against Children-5/16/2011IOWA INTERNET CRIMES AGAINST CHILDREN TASK FORCE
MEMORANDUM OF UNDERSTANDING
Parties The Iowa Internet Crimes Against Children (ICAC) Task Force is a
multi -agency, multi jurisdictional initiative, funded with a grant from the Office of
Juvenile Justice and Delinquency Prevention (OJJDP). This Memorandum of
Understanding (MOU) is entered into by and between the Iowa Department of
Public Safety, Division of Criminal Investigation (DCI), various federal, state and
local law enforcement agencies, hereinafter referred to as the Agencies, and
various resource agencies supporting the activities of the Task Force (which
resource agencies currently include but are not limited to the Des Moines Area
Community College and the Midwest Forensic Resource Center), that have
signed this document. Such Agencies and resource organizations are jointly
referred to hereinafter as the Parties. No part of this MOU shall be viewed as
limiting or impeding the spirit of cooperation that exists among the Parties.
Mission The mission of the Task Force is to deter, prevent, investigate, and
prosecute predators who seek to exploit or engage minors in sexual activity
through the use of computers and the Internet. The Task Force will engage in
reactive and proactive investigations targeting those offenders who are actively
involved in this type of criminal activity. Additionally, the Task Force will
participate in a statewide effort to educate the public on issues regarding Internet
safety for children. Training opportunities will be made available to Task Force
members so they can become familiar with the most current trends and
developments in the area of on-line child exploitation.
Purpose The purpose of this MOU is to outline the relationship between all
participating Parties in order to ensure that each understands and agrees to
guidelines concerning policy, supervision, planning, training, and public relations.
This document is devised to formalize the association between among the
Parties and to foster an understanding of each Party's role within the Task Force.
The goal of this MOU is to promote efficiency in operations and provide
guidelines necessary to ensure standardization in policies and procedures
among Task Force participants.
Organizational Structure The Task Force is composed of representatives
from all Parties in the state which have signed this MOU. An Advisory Council
for the Iowa Task Force will be established, with DCI Special Agent in Charge
Gerard F. Meyers serving as its chairman. The purpose of the Council shall be
to:
• Develop and maintain the Task Force's statewide network of law
enforcement Agencies dedicated to the protection of children from
Internet crime.
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• Act as advisor to OJJDP regarding the Iowa ICAC Task Force
• Develop, establish, and evaluate Iowa ICAC Task Force operational
and investigative standards
• Promote sharing of information among Agencies (see Article 2.02 of
the Council By-laws)
The DCI Special Agent in Charge will also serve as the Task Force Coordinator
(See article 1.03 of the Council by-laws). The Task Force Coordinator may
appoint a Task Force Project Coordinator (article 1.03 of Council by-laws) to
conduct the day to day operations of the Task Force but will remain the primary
policy maker related to the project.
The Council chairman's primary responsibility will be to preside over meetings of
the Iowa ICAC Advisory Council. The ICAC Council chairman and members
from participating Parties will constitute the Advisory Council. Each Party
participating in the Task Force shall designate no more than one of its officers or
representatives participating in the Task Force as its voting representative to the
Advisory Council. In this way each Party to the Advisory Council shall have only
one vote. The Council will create by-laws formalizing its duties and
responsibilities. The lengths of terms for vice-chairman and secretary shall be
decided by the Council and formalized in the by-laws. These three members—
the chairman, vice-chairman, and secretary—shall constitute the Executive
Committee. Other specialized committees and positions may be established as
the Council sees fit.
Direction This Task Force is a joint endeavor with all participating Parties
acting as partners. Because of its grant oversight responsibility, the Iowa
Department of Public Safety – Division of Criminal Investigation will act as the
lead law enforcement agency of the Task Force and will be responsible for
coordinating its day-to-day operations, as well as for ensuring compliance with
the policies and procedures issued by the United States Department of Justice
(DOJ), Office of Juvenile Justice and Delinquency Prevention (OJJDP).
Ultimately, all Task Force activities are governed by these operational and
investigative standards. A copy of these guidelines shall be issued to each
party upon acceptance of this MOU. As the lead law enforcement agency, DCI
will be responsible for compiling and reporting Task Force activities to the federal
ICAC program manager at OJJDP. Information on the activities of participating
Agencies will be collected in a prescribed format and reported in a timely fashion
to the ICAC Task Force project coordinator. The ICAC Task Force project
coordinator will handle all ICAC day to day administrative functions related to
Iowa's OJJDP ICAC grant, with oversight and approval from the ICAC Task
Force Coordinator. The ICAC Task Force project coordinator will regularly
contact participating Agencies to keep them apprised of new developments,
training opportunities, problems, and successes within the Task Force.
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Investigator Selection Criteria Each participating Agency will identify
specific officer(s) who will be assigned (Full -Time, Part -Time, and /or Point of
Contact (POC) Designation) to the Task Force. Only these officers will be
permitted to conduct ICAC Task Force online investigations or perform forensic
examinations pursuant to:
(1) This agreement,
(2) ICAC operational and investigative standards, and
(3) Applicable policies or procedures formulated by the Iowa ICAC
Advisory Council.
Potential ICAC investigators should be evaluated for assignment to the Task
Force based upon their work history and prior investigative experience, familiarity
with computers and networks, court testimony skills, ability to handle sensitive
information prudently, and a genuine interest in the protection of children.
Each officer assigned to the Iowa ICAC Task Force must receive appropriate
training prior to initiating online investigations.
Personnel Investigative personnel assigned to the Task Force will be
evaluated by their respective Agency heads/supervisors. Upon request, the
ICAC project coordinator will provide activity printouts to each Agency's
head/supervisor on the Task Force activities performed by their officers.
Continued assignment to the Task Force will be dependent upon a satisfactory
supervisory evaluation. At no time will the employees of a participating Agency
be deemed employees of another participating Agency. A confidential form shall
be completed by each of the Task Force personnel, signed by an Agency
supervisor, authorizing the personnel to be included in various ICAC ListServe
and IDN secure portal for informational and operational purposes.
Supervision The ICAC Task Force project coordinator is responsible for
assigning and coordinating daily operational and administrative activities of the
Task Force. The ICAC Task Force project coordinator will maintain regular
contact with ICAC Task Force officers in participating Agencies to determine the
status of investigations, provide supporting investigative and analytical
information, and to identify and address issues pertaining to the overall operation
of the Task Force. Each Party is responsible for the personal and professional
conduct of its Task Force personnel.
Investigations All Task Force investigations will be conducted in the spirit of
cooperation among Agencies. Proper execution and documentation of
undercover operations provides the well-trained investigator with virtually
incontrovertible evidence regarding a suspect's intent to exploit children.
Investigations will follow ICAC Task Force operational and investigative
standards, policies and procedures formulated by the Iowa ICAC Advisory
Council, and principles of law and due process.
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Prosecution When necessary, case-by-case analysis will be performed on
each potential prosecution to determine in which jurisdiction the case will be
prosecuted. A preference will be given to the jurisdiction initiating the
prosecution. Those cases being considered for federal prosecution will be
investigated pursuant to guidelines established by the appropriate United States
Attorney.
Prevention and Education Activities Public education and awareness are
key components of the Iowa ICAC Task Force initiative. Task Force Parties will
provide information and guidance to children, parents, educators, and any other
individuals concerned with child safety issues, through public presentations.
These presentations will not depict identifiable victims or use pornographic or
sexually explicit images, nor will confidential investigative techniques be
discussed. No member of the Task Force may endorse any product or service
without the express consent of the federal OJJDP ICAC Program Manager.
Case Administration As the lead law enforcement Agency of the Iowa ICAC
Task Force, the DCI will be responsible for compiling and reporting Task Force
activities to the federal ICAC program coordinator at OJJDP. Information on the
activities of participating Agencies will be collected in a prescribed format and
reported in a timely fashion to the ICAC Task Force project coordinator. Cases
will be handled in compliance with each agency's case management policies and
procedures. However, each participating Agency agrees that selected Task
Force cases will be made available upon request to either the Iowa ICAC project
coordinator, or to the Iowa ICAC Task Force Coordinator.
Information Sharing All Task Force members shall contribute case
information for inclusion into one or more common databases. Access to the
ICAC investigative website is available only to ICAC members and serves as a
pointer system to assist in investigations. Basic case information (submitting
Task Force information, offender's screen name, identifiers, synopsis of
investigation), as well as case update information (criminal proceedings,
sentencing information, additional data on suspect) shall be submitted to the
ICAC Task Force project coordinator on a timely basis for inclusion in the
database. If any common target is identified, the initiating ICAC Agency is
responsible for contacting the other law enforcement Agency targeting the
suspect. Initiating ICAC Agencies should also consider contacting other local,
state, and federal Parties, and appropriate organizations outside of Task Force
members, which may be involved in similar investigations.
Records, Reports, and Evidence Task Force members will maintain their
own Agency records and reports. All necessary case information will be provided
to the ICAC Task Force project coordinator on a timely basis for reporting
purposes as outlined above. Evidence will be impounded in the Evidence Room
of the appropriate participating Agency. Evidence will be handled by established
rules of law regarding chain of custody and property release. The storage,
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security, and destruction of investigative information shall be consistent with
Agency policy. At a minimum, information should be maintained in locked
cabinets and under the control of Task Force personnel. Access to these files
should be restricted to authorized personnel with a legitimate need to know.
(Absent the availability of a trained and experienced forensic examiner in the
investigator's Agency, the DCI will make arrangements to conduct forensic
examinations of computers and related evidence in ICAC Task Force cases.)
The Advisory Council may establish minimum qualifications—including training
requirements—for ICAC Task Force examiners, and establish operational
guidelines for conducting ICAC Task Force forensic examinations. Absent the
Council's action in this area, whenever a participating Agency desires to conduct
its own ICAC Task Force forensic examination, the participating Agency is
responsible for contacting the ICAC Task Force project coordinator for
notification and reporting purposes.
Media Relations and Releases No information pertaining to Task Force
operations will be released to the media without the prior approval of all Agencies
with an immediate investigative or prosecutorial interest in the case. Media
releases may be made jointly by all Agencies participating in the case. Media
releases shall not include information regarding confidential investigative
techniques. Media releases relating to ongoing prosecutions, crime alerts, or
other matters concerning ICAC Task Force operations shall be made through the
Iowa Task Force Coordinator.
Workspace and Equipment Each participating Agency agrees to make
available its resources in support of a joint Task Force investigation. These may
include, but are not limited to:
1. Vehicles: When appropriate, each Agency will supply vehicles for its
participating personnel.
2. Communication Equipment: Each Agency will supply their personnel
with two-way radios, pagers, and if available, cellular telephones. A list of
current pager and cellular telephone numbers will be provided to the ICAC
Task Force project coordinator.
3. Safety Equipment: Each Agency will ensure that its officers and
agents who are assigned to the Task Force shall have all necessary
equipment including, but not limited to, Agency -authorized firearms,
handcuffs, ballistic protective vests, tape recorders, and any other
equipment judged to be essential by the Task Force Advisory Council.
4. Dedicated Computer Hardware, Software, and Network Access
Services: Each Agency shall provide or make available computer and
peripheral hardware, software, and network access services dedicated to
the exclusive use of its Task Force members. No personally owned
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equipment shall be used in ICAC Task Force investigations, and all
software shall be properly acquired and licensed. The Advisory Council,
in an effort to standardize certain investigative and forensic procedures,
may formulate guidelines for the selection purchase and use of equipment
and software. If sufficient funds are available, the purchase of some
equipment and services may be made through the Iowa ICAC Task Force
grant.
5. Dedicated Work Space: In lieu of working in an established
centralized facility or regional locations, each Agency may make available
to its Task Force personnel sufficient workspace and office equipment in a
secure area. This space must allow officers, agents, and representatives
to perform their Task Force related duties away from public view and
without undue distractions from personnel not assigned to the Task Force.
Compensation Each participating Party agrees to provide wages and benefits
for its personnel who are assigned to the Task Force. Payment of overtime
expenses is the responsibility of each member Party, according to its established
policies and procedures.
Training Task Force members will be provided advanced training to improve
and enhance the job skills required to combat Internet crimes against children.
Grant funds may be used to finance the training, subject to the availability of
funding for this purpose.
Liability Each Party shall assume responsibility and liability for the acts and
omissions of its own officers, agents or employees in connection with the
performance of their official duties under this MOU. It is expressly understood
and agreed that no Party executing this agreement in any way agrees to alter or
waive in whole or in part any privileges or immunities otherwise enjoyed by the
Party prior to executing this agreement. All Parties to this agreement agree to
hold harmless all other Parties to this agreement for any liability, claim or
damages arising out of acts under this agreement by any officer, agent or
employee of another Party to this agreement.
Term of Agreement It is agreed that this MOU will be in force from the day
which the last required signature of acceptance is received. The MOU may be
terminated at any time by a participating Party by delivering a written notice of
termination to the Iowa Department of Public Safety — Division of Criminal
Investigation's Special Agent in Charge of the Iowa ICAC Task Force who will
notify all other participating Parties. Upon withdrawing from the Task Force, any
Iowa ICAC equipment previously assigned to a Party will be returned to the Task
Force. A Party's termination of its involvement in ICAC will not negate the
remaining Parties' participation and agreement under the MOU.
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Printed Name of Participating Party (POC)
(Active Task Force Designee for Agency)
Signature of Individual authorized gate
to represent the Partici ating Party (POC)
(Same as the Partic ating Party Above)
Printed Name/Title of Individual Authorized
to represent the Participating Party (Agency Executive)
(Chief of Police, Sheriff, or CEO)
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E-mail for meeting notifications)
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Phone Fax
3!1-ZW-4 z
Agency street address / PO Box
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City or Town Zip
IA
6-070 /
Gerard F. Meyers, Special Agent in Charge Date
Iowa ICAC Task Force Coordinator