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SOP-29 Open Source Website InvestigationsPolice Services Division SOP-28 June 25, 2019 SUBJECT: AUTHORIZATION TO ACCESS REAL TIME OPEN SOURCE WEBSITES PURPOSE: To establish guidelines for Rohnert Park Department of Public Safety personnel regarding the authorization necessary to utilize real time open source and access real time open source websites for crime analysis, situational assessments and awareness, developing criminal intelligence and supporting criminal investigations. DEFINITIONS Crime Analysis and Situational Assessment/Awareness: Analytic activities to identify and understand trends, causes, and potential indicia of criminal activity, including terrorism. Criminal Intelligence Information: Data which meets criminal intelligence collection criteria and which has been evaluated and determined to be relevant to the identification of criminal activity engaged in by individuals or organizations which are reasonably suspected of involvement in criminal activity. Online Alias: An online identity encompassing identifiers, such as name and date of birth, differing from the individual’s actual identifiers, and can use a nongovernmental Internet Protocol (IP) address. Online alias may be used to monitor activity on real time open source websites or to engage in authorized online undercover activity. Online Undercover Activity: The utilization of an online alias to engage in interactions with a person via real time open source sites that may or may not be in the public domain (i.e. “friending a person on Facebook”). Public Domain: Any Internet resource that is open and available to any person. Real Time Open Source: A category of Internet-based resources that integrate user-generated content and user participation. This includes, but is not limited to, real time open source networking sites (Facebook, Instagram), micro blogging sites (Twitter), photo- and video-sharing sites (Flickr, YouTube), wikis (Wikipedia), blogs, and news sites (Digg, Reddit). Real Time Open Source Websites: Sites which focus on building online communities of people who share interests and activities and/or exploring the interests and activities of others. Real time open source websites are further categorized by Internet-based resources that integrate user-generated content and user participation. This includes, but is not limited to, social networking sites (Facebook, Instagram), micro blogging sites (Twitter, Nixle), photo-and video-sharing sites (Flickr, YouTube), wikis (Wikipedia), blogs, and news sites (Digg, Reddit). The absence of an explicit reference to a specific real time open source website does not limit the application of this policy. Valid Law Enforcement Purpose: Information/intelligence gathering development, or collection, use, retention, or sharing that furthers the authorized functions and activities of a law enforcement agency, which may include the prevention of crime, ensuring the safety of the public, furthering officer safety, and homeland and national security, while adhering to law and agency policy designed to protect the privacy, civil rights, and civil liberties of individuals or organizations. PROCEDURES A. Public Domain: No authorization is necessary for general research, topical information or other law enforcement uses that do not require the acquisition of an online alias. B. Online Alias: An online alias may only be used to seek or retain information that: 1. Is based upon a criminal predicate or threat to public safety; or is based upon reasonable suspicion that an identifiable individual, regardless of citizenship or U.S. residency status, or organization has committed an identifiable criminal offense, or is involved in or is planning criminal conduct or activity that presents a threat to an individual, the community, or the nation and the information is relevant to the criminal conduct; and 2. Is related to crime analysis, situational assessments/awareness, developing criminal intelligence, or supporting a criminal investigation. C. Authorization for Online Aliases: Online Alias is defined as an identity encompassing identifiers, such as name and date of birth, differing from the individual user’s actual identifiers that may be communicated through the use of a nongovernmental Internet Protocol (IP) address. An online alias may only be used to monitor activity on real time open source websites. Without prior authorization, personnel are prohibited from using an online alias for undercover activity, which is defined as engaging and interacting with others online. For authorization to use an online alias for an undercover purpose, refer to Section (D). 1. To receive authorization to use an online alias, RPDPS personnel shall submit an online alias request form to their immediate supervisor. 2. The request form (See RPDPS Online Alias Request Form) must contain the following information: a. An explanation of the valid law enforcement and/or public safety purpose for the request; b. Username/Login information. (Do not include the password(s) for online aliases and ensure that the password(s) are secure at all times); c. List of real time open source platform(s) to be accessed; and any Identity and/or background information to be utilized for the online alias, to include but not be limited to; email address(es), physical addresses, date of birth, employment, special interests, personal or professional affiliations, and any photographs or images to be used, or any other background information that is anticipated to be required as part of the process to establish the online alias. 3. The immediate supervisor shall evaluate the request to determine whether an online alias would serve a valid law enforcement or public safety purpose. If determined to meet the standards as outlined by this S.O.P., the immediate supervisor will sign and authorize the creation of the alias. If the request is denied the alias will not be created. This authorization form will be maintained in the case file. 4. All online alias requests will be retained for a period of two years from the date of deactivation or denial. RPDPS personnel are also responsible for notifying their immediate supervisor if they have deactivated their approved online alias. 5. RPDPS personnel with an approved online alias may use their online alias to make false representations in concealment of personal identity in order to establish real time open source accounts (i.e. a twitter account, Facebook). However, RPDPS personnel are prohibited from using an online alias for undercover activity unless authorized in accordance with the provisions set forth in this S.O.P. The establishment of a real time open source account with an approved online alias must be documented and submitted to their immediate supervisor. D. Authorization for use of Online Alias for Undercover Activity: Online Undercover Activity is defined as the utilization of an online alias to engage in interactions with a person via real time open source sites that may or may not be in the public domain (i.e. “friending a person on Facebook”). 1. RPDPS personnel who have an authorized online alias may also request authorization to engage in online undercover activity. 2. Online undercover activity occurs when the RPDPS personnel utilizing the online alias interacts with a person via real time open source. Online undercover operations will only be utilized when there is reason to believe that criminal offenses have been, will be or are being committed (e.g. internet chat rooms where child exploitation occurs). 3. Personnel must submit an Online Undercover Activity request form (See RPDPS Online Undercover Activity Request Form) to engage in online undercover activity. The request must contain the following information: a. Online alias(es) to be used in the online undercover activity; b. Real time open source accounts utilized; c. Law enforcement agency being supported; d. Law enforcement agency’s case number; e. Valid law enforcement purpose; and f. Anticipated duration for the online undercover activity. 4. The immediate supervisor shall evaluate the request to determine whether online undercover activity meets the requirements as set forth in this S.O.P. Depending on if determined to meet the necessary standards, the immediate supervisor shall approve or deny the request and will notify the employee of his or her decision. The original approved or denied online undercover activity request form will be returned to the employee and retained in the case file. All online undercover activity requests will be retained for a period of two years from the date of deactivation or denial. 5. A record will be maintained of all online undercover activity to include chat transcriptions, interaction logs, etc. 6. All approved online undercover activity requests will be reviewed by the immediate supervisor to ensure continued need for the online undercover activity. Approved online undercover activity that does not provide pertinent information related to a valid law enforcement purpose within thirty (30) days, will be discontinued. 7. A summary of the online undercover activity, to include the date of termination will be placed in the intelligence file by RPDPS personnel authorized to use the online alias. The online alias, with supervisor authorization, may be maintained if it is anticipated that it will be utilized again. E. Off Duty Conduct: RPDPS personnel will not utilize approved online aliases, approved undercover accounts or activity, or approved real time open source analysis tools for personal use. F. Personal Equipment and Personal Real Time Open Source Websites and Passwords: Given the ease with which information can be gathered from public internet searches, tracking services, and other computer analytic technology, the use of personal or family internet accounts, real time open source, or internet service (to include wireless connections) for official RPDPS business related to real time open source analysis or undercover activity is discouraged.