WHEREAS, the lawful investigation of Internet communications is one of the most valuable tools available to law enforcement in identifying both the perpetrators and victims of crime; and

WHEREAS, the Internet is global in nature, and as such, poses challenges when conducting multi-agency international investigations, including delays imposed when obtaining international legal process; and

WHEREAS, electronic forensic evidence is fleeting in nature, and law enforcement officials must obtain timely access to this information to fulfill law enforcement duties; and

WHEREAS, criminals use the anonymity and international nature of the Internet, and the fleeting nature of electronic evidence, to thwart law enforcement investigations; and

WHEREAS, publicly available databases containing information involving the allocation of Internet resources, such as Internet Protocol address space and domain names, are a critical tool used by law enforcement, and because these databases are public in nature, allow law enforcement agencies to conduct investigations in the most timely manner possible; and

WHEREAS, individuals and entities involved in the administration of this information may seek to restrict or eliminate access due to business, privacy, or data-mining concerns; and

WHEREAS, the elimination or restriction of access to this information would severely cripple or eliminate the ability of law enforcement agencies to conduct investigation in a timely manner; now therefore be it

RESOLVED, that the International Association of Chiefs of Police (IACP) strongly urges the Internet administration community, including governments, regional Internet registries, the Internet Corporation for Assigned Names and Numbers, Internet Service Providers, domain-name registries, domain-name registrars, and Internet service providers to assist law enforcement by providing continued access to publicly available databases concerning the allocation of Internet resources, and in situations where the maintenance of these databases may conflict with privacy regulation, business concerns, or data-mining prevention efforts, consult with law enforcement to assist in the resolution of these potential conflicts before removing or restricting access to this information; and be it

FURTHER RESOLVED, that the IACP membership coordinate the above efforts to achieve the goal of providing consistent, equal, and uniform access to the above-referenced resources for all of the international law enforcement community.

WHEREAS, identification of individuals using fingerprint databases is hindered by the lack of interoperability of Automated Fingerprint Identification Systems (AFIS); and

WHEREAS, identification of individuals is an important aspect of proper criminal booking procedures, and an additional tool for identifying those who may be trying to hide their true identity and also clear those who may be unintentionally a victim of identity theft; and

WHEREAS, AFIS databases are essential for the comparison of latent fingerprints from crime scenes and assisting in identifying violent and/or recidivist criminals and those who may pose a threat to the security of the United States and other countries; and

WHEREAS, AFIS of different manufacturers cannot communicate or seamlessly interoperate with each other between states, local law enforcement agencies and in some cases, federal and international systems; now therefore be it

RESOLVED, that the International Association of Chiefs of Police strongly recommends that a national organization such as the Federal Bureau of Identification or the National Institute of Justice create an initiative that will result in making these automated fingerprint identification systems interoperable and create an “enter once, search many” capability.

                                                                               NDD.020.a07

WHEREAS, effective anticrime programs are effective antiterrorism programs; and evidence indicates that terrorist organizations which are funded in part by the sale of illegal drugs adds a new dimension to the need for continued investigation of narcotics related crime; and

WHEREAS, license plate reader and related digital photographing systems at border checkpoints incorporate the use of technology that provides a searchable database, including associated photographic images; license plate information; and statistical data such as date, time, and entry lane; and

WHEREAS, license plate reader systems and related digital photographing systems, working in combination with existing law enforcement databases, have the potential capability of identifying conveyances used for illegal activity, including the transportation of drugs and bulk cash; and

WHEREAS, law enforcement intelligence information may be shared more efficiently through greater use of technology and information sharing programs such as license plate reader systems to help ensure that investigative links are made to organized drug trafficking and related crime to the maximum extent possible; and

WHEREAS, all countries are encouraged to use technology such as license plate reader and related digital photographing systems, where practical, to share appropriate law enforcement information; and

WHEREAS, license plate reader and related digital photographing systems provide law enforcement with important tools necessary to combat all types of crime and is particularly useful in combating narcotics trafficking; and

WHEREAS, a significant commitment of resources will be required by federal, state, and local law entities to fully take advantage of this emerging technology; now, therefore, be it

RESOLVED that the International Association of Chiefs of Police duly assembled at its 114th Annual Conference in New Orleans, Louisiana, strongly encourages the U.S. Congress to fully fund license plate reader and related digital photographing systems, including interrelated information sharing networks, for the northern and southern borders of the United States; and, be it

FURTHER RESOLVED that all countries are encouraged to use like technology, to the extent possible, to share appropriate law enforcement information; and be it

FURTHER RESOLVED that the IACP supports the development of a comprehensive License Plate Reader guide for law enforcement executives that addresses current technologies; best practices; privacy issues, legal implications, and open source data systems.

HSC.016.a07

WHEREAS, public safety is the highest priority of law enforcement agencies; and

WHEREAS, traffic crashes result in more than 40,000 citizens being killed annually in the United States; and

WHEREAS, enforcement technologies used by properly trained law enforcement officers aid in the collection of evidence for presentation in court; and

WHEREAS, conformance with the applicable performance specifications serves to increase the confidence of the public, the courts, and law enforcement officers in the accuracy and reliability of these enforcement technologies; and

WHEREAS, daily accuracy checks and periodic certification testing ensures conformance with the applicable performance specifications; and

WHEREAS, the International Association of Chiefs of Police (IACP) has established the Highway Safety Committee Enforcement Technologies Advisory Technical Subcommittee (ETATS); and

WHEREAS, ETATS establishes a baseline for conforming enforcement technologies available for use during traffic enforcement activities; now, therefore, be it

RESOLVED that IACP members should purchase only those enforcement technology models that conform to the applicable performance specifications and are listed on the applicable IACP Conforming Products List (CPL); and, be it

FURTHER RESOLVED that all IACP members should provide, at a minimum, tests for measurement accuracy within a period of three years prior to an alleged violation in which the conforming enforcement technology device was used to collect evidence in compliance with the ETATS Critical Performance Testing (CPT) protocols.

NDD.024.a07

WHEREAS, a critical need to facilitate information sharing through electronic connectivity and automation continues to exist among federal, state, local, and tribal law enforcement agencies; and

WHEREAS, to meet this challenge, DEA, HIDTA, and their state and local partners have created an interagency committee to implement a National Virtual Pointer System (NVPS) (The President National Drug Control Strategy, Chapter III: Disrupting the Market for Illicit Drugs, February 2007); and

WHEREAS, NVPS connects existing federal, state, local, and tribal law enforcement investigative systems, such as the National Drug Pointer Index (NDPIX), to eliminate the possibility that multiple law enforcement organizations activities could conflict in investigating and arresting the same criminal or criminal organization and allows for sharing of vital intelligence about the target; and

WHEREAS, NVPS enables participating agencies to exchange target information through a single point of entry using a sensitive but unclassified network, and establishes a single format for information sharing that lets participating systems communicate with many dissimilar systems; and

WHEREAS, traditional, hierarchical intelligence functions need to be reexamined and replaced with cooperative, fluid structures that can collect information and move intelligence to end users more quickly (Intelligence Led Policing: The New Intelligence Architecture, September 2005);and

WHEREAS, the success of NVPS is dependent upon all law enforcement agencies entering target information about their criminal investigations on a routine basis; now, therefore, be it

RESOLVED that the International Association of Chiefs of Police duly assembled at its 114th Annual Conference in New Orleans, Louisiana, calls upon all member agencies (federal, state, local, and tribal) to enter all criminal investigative targets into available target deconfliction systems comprising the National Virtual Pointer System (NVPS).

WHEREAS, the lawful investigation of Internet data and telephonic communications has historically proven to be one of the most valuable tools available to law enforcement in identifying both the perpetrators and victims of crimes; and

WHEREAS, the Internet is global in nature, and as such, poses challenges when conducting multi-agency international investigations, including delays imposed when obtaining local and international legal process; and

WHEREAS, the International Association of Chiefs of Police (IACP) has previously noted in its 2005 Resolution “Support for Preservation of Access to Publicly Available Resources in Cyber Investigations,” (CT023.a05) that electronic forensic evidence is fleeting in nature, and law enforcement officials must obtain timely access to this information to fulfill law enforcement duties before the information is destroyed or otherwise becomes unavailable; and

WHEREAS, criminals use the anonymity and international nature of the Internet, and the fleeting nature of electronic evidence, to enhance their ability to victimize citizens and thwart law enforcement investigations; and

WHEREAS, publicly-available “whois” databases containing information involving the allocation of Internet resources, such as Internet Protocol address space and domain names, are a critical tool used by law enforcement, but may not remain publicly available, which would severely hamper or eliminate the ability for law enforcement agencies to conduct investigations in a timely manner; and

WHEREAS, the failure of the Internet access provider industry to retain subscriber information and source or destination information for any uniform, predictable, reasonable period has resulted in the absence of data, which has become a significant hindrance and even an obstacle in certain investigations, such as computer intrusion investigations and child obscenity and exploitation investigations, although law enforcement has generally acted expeditiously in processing lawful requests to Internet providers; and

WHEREAS, the migration in telephony from "toll service" to a nationwide or continental flat rate billing system has substantially eroded law enforcement’s ability to utilize lawful process to obtain telephone toll records historically critical to the identification, detection, and prevention of terrorism and the investigation of serious criminal conspiracies; and

WHEREAS, the effect of the lack of uniform retention periods of customer/subscriber records and communication source and destination data in various industries and amongst various providers in the same industry has been to undermine law enforcement’s ability to predictably prioritize investigations or strategically assign resources to those investigations which are largely dependent upon the existence of such data; and

WHEREAS, the European Union addressed this problem in March 2006 by passing a Directive on Data Retention (Directive 2006/24/EC) requiring Member States to adopt laws to combat serious crime and terrorism by mandating the retention of customer information and communication source and destination information for a uniform minimum period; now, therefore be it

RESOLVED that the IACP strongly urges national legislatures, the Internet administration and telephony communities, including regional Internet registries, the Internet Corporation for Assigned Names and Numbers, domain-name registries, domain-name registrars, Internet access and service providers, and telecommunication providers, to develop an appropriate but uniform data retention mandate for both the aforementioned Internet administration community and telephony service providers requiring the retention of customer subscriber information and source and destination information for a minimum specified reasonable period of time so that it will be available to the law enforcement community, upon applicable legal process, to enhance public safety and prevent, deter, or detect terrorists and criminals through the ability to investigate offenses facilitate by use of the Internet and telephony; and be it

FURTHER RESOLVED that the IACP membership actively engage their respective governmental executive and legislative components, Internet administration, and telephony industry communities and coordinate their efforts to achieve the goal of providing consistent, equal, and uniform lawful access to the above-referenced resources for all of the law enforcement community.

WHEREAS, law enforcement and public safety personnel require access to the most advanced communications services that are available, and increased public safety and emergency response needs require access by public safety to the latest broadband technologies and services being developed for commercial network customers; and

WHEREAS, while the broadband communications needs of public safety have become more clear and compelling in recent years, the existing spectrum allocations to public safety have been recognized as inadequate for those purposes, and it is in the public interest to provide public safety access to sufficient suitable spectrum to encourage the development of a next generation broadband nationwide public safety network; and

WHEREAS, the scheduled availability of recovered analog spectrum in the upper 700 MHz band affords the nation a unique opportunity to secure sufficient contiguous spectrum to support a new, truly national broadband network that would be built, maintained, and operated for the primary benefit of public safety and the citizens whose lives and property they are tasked to protect; and

WHEREAS, a proposal has been filed with the Federal Communications Commission (FCC) that would provide for a Public Safety Broadband Trust of radio spectrum for a nationwide, seamless, next generation broadband network capable of integrating broadband data services such as text messaging, photos, diagrams, and video not currently available in existing public safety land mobile systems, using 30 MHz of spectrum at present scheduled to be auctioned by the FCC; and

WHEREAS, our nation has a one-time opportunity to take advantage of the clearance of a nationwide block of 30 MHz of contiguous frequencies in the 700 MHz spectrum band that is adjacent to spectrum currently occupied by public safety and is spectrum perfectly matched for the establishment of a next-generation broadband nationwide network because of its unique physical properties; and

WHEREAS, our nation will lose a tremendous opportunity to improve public safety communications through enhanced interoperability and perhaps its last meaningful chance of creating a fully interoperable, advanced nationwide public safety communications system, capable of linking each and every local, tribal, state, and federal emergency responder, and necessary to securing and defending the homeland, if a debate is not initiated to license this spectrum to public safety for a nationwide broadband network before the spectrum is auctioned off and lost forever; now, therefore be it

RESOLVED that the International Association of Chiefs of Police (IACP) supports the allocation of 30 MHz of spectrum in the upper 700 MHz band to be held in trust for public safety to create a nationwide public safety broadband network; and be it

FURTHER RESOLVED that the IACP membership actively engage their respective governmental executive and legislative components and coordinate their efforts to achieve the goal of developing a nationwide broadband public safety communications network for all of the law enforcement and public safety community.

WHEREAS, telecommunication companies continue to develop and mass produce voice and data communication products without law-enforcement intercept capabilities or regard for national security or public safety concerns. Terrorists, organized crime groups, and drug trafficking organizations rely heavily upon telecommunications to plan and execute their criminal activities and hide their illegal profits; and

WHEREAS, the lawful interception of voice and data communications is one of the most valuable investigative tools available to law enforcement in identifying and crippling illegal drug activities and drug trafficking organizations; and

WHEREAS, the Communications Assistance for Law Enforcement Act (CALEA) that was enacted to preserve the ability of law enforcement to conduct electronic surveillance despite changes in telecommunications technology has been over-come by technology; and

WHEREAS, the ability of federal, state and local law enforcement to carry out critical electronic surveillance is being compromised. Many criminal organizations, to avoid interception, purposefully utilize telecommunications technology for which there are no CALEA intercept solutions; and

WHEREAS, despite a clear statutory mandate, full CALEA implementation has not been achieved; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police (IACP) duly assembled at its 111th Annual Conference in Los Angeles, California, strongly supports amendments to the CALEA to address the current shortcomings in the implementation and enforcement of the legislation. Carriers must be required to install, deploy and make available to law enforcement a CALEA solution to assist with lawfully authorized electronic surveillance of telecommunication services prior to or concurrent with the release of communications products to the public. In addition, the added costs for these solutions should not be borne by law enforcement; and, be it

FURTHER RESOLVED, that the IACP recommends the CALEA provisions be amended to provide for enforcement by the Department of Justice, who should have the authority to levy sanctions for non-compliance, instead of the Federal Communications Commission.

WHEREAS, acts of terrorism, regardless of motivation, are in fact crimes against society that have caused death and serious injury to members of law enforcement, the military and innocent citizens; and

WHEREAS, the United States and its law enforcement agencies have established protocols for dealing with terrorism including the investigation, arrest and prosecution of those who commit terrorist acts against the United States anywhere in the world; and

WHEREAS, the stated policy of the United States is never to negotiate with terrorists; now therefore be it

RESOLVED, that the International Association of Chiefs of Police deplores the grant of clemency given to twelve FALN members who had been arrested, tried, and convicted of terrorist acts because we find this to be in direct conflict with stated policy, and such action undermines the courageous efforts of law enforcement and military personnel; and be it

FURTHER RESOLVED; that the International Association of Chiefs of Police believes that this grant of clemency sets a dangerous precedent, minimizes the deterrent effect of successful law enforcement intervention against terrorism, and that the IACP strongly urges that such course of action never be repeated.

WHEREAS, terrorism is a growing worldwide concern and an increasing threat to every citizen’s individual security. In the aftermath of the Oklahoma City bombing, the threat of domestic terrorism is a significant concern in the United States from some domestic extremist groups; and

WHEREAS, over the years, the federal leadership in combating terrorism has been invaluable. The law enforcement community cannot afford to allow the federal government’s effectiveness in the domestic terrorism arena to be eroded by those who mistrust the federal government. It is, therefore, important for the IACP, recognized by many as the national voice for local law enforcement, to raise the level of public awareness about the potential for terrorism and other unlawful acts by some of these domestic extremist groups. Local law enforcement must publicly protect its partnership role with the federal law enforcement community in the fight against terrorism and the illegal activities of some domestic extremist groups; and

WHEREAS, a key strategy in dealing with acts of terrorism whether they be domestic or international is to combine the front line effort of the street police officer, who is in the best position to surface raw intelligence, with the federal law enforcement’s capacity to analyze trends and patterns of criminal activity; and

WHEREAS, professional training using terrorist profiles and criminal intelligence products in the hands of front line police officer are indispensable tools in dealing with the terrorism threat. A reinvigoration of training and an enhancement of existing programs of intelligence collection and dissemination would be instrumental in enhancing the police response to the threat; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police (IACP), duly assembled at its 103rd annual conference in Phoenix, Arizona, encourages law enforcement jurisdictions worldwide, and in particular police standards and training commissions, to enhance their recruit and in-service training programs, and to develop operating policies to rapidly collect, analyze, and forward information to the FBI, and other international, federal, state, and local law enforcement agencies for follow-up and the ultimate dissemination of focused criminal intelligence products.

WHEREAS, the International Association of Chiefs of Police (IACP) recognizes that the tactic of terrorism represents a significant and credible threat to all civilized nations; and

WHEREAS, prevention, not intervention, response, or investigation is the desired outcome to any potential terrorism threat against our respective jurisdictions; be it

RESOLVED, that the International Association of Chiefs of Police, duly assembled at the 107th annual conference in San Diego, CA does hereby adopt the following resolution; be it

FURTHER RESOLVED, that we encourage and promote the strategic cooperation among all agencies and member nations and interagency efforts in the gathering, analysis, and dissemination of information vital to the combating of terrorism; and be it

FURTHER RESOLVED, that the IACP pledges its continued support to counter-terrorism research, such as the Memorial Institute for the Prevention of Terrorism, that are engaged in research initiatives to prevent occurrences of terrorism that threaten our nations, and be it

FURTHER RESOLVED, that the IACP calls upon all agencies and governments to ensure that sufficient and appropriate support is made available for combating the insidious threat of terrorism, and be it

FURTHER RESOLVED, that the IACP offers to assist in whatever ways are practical through its Terrorism Committee to achieve and implement these ends.

Adopted at the 119th Annual Conference

San Diego, CA
October 3, 2012

Supporting and Funding the National Suspicious Activity Reporting Initiative Program Management Office
Submitted by: Board of Officers
BOA.033.a12

WHEREAS, the findings in The 9/11 Commission Report clearly demonstrated the need for a nationwide capacity to share information that could detect, prevent, or deter a terrorist attack; and

WHEREAS, The Intelligence Reform and Terrorism Prevention Act of 2004 and the 2007 National Strategy for Information Sharing indicate both legislative and executive intent to establish locally controlled distributed information systems wherein potential terrorism-related information could be contributed by the 18,000 state, local, tribal, and territorial (SLTT) law enforcement agencies for analysis to determine whether there are emerging patterns or trends; and

WHEREAS, on December 17, 2009, the U.S. Department of Justice (DOJ) was named the executive agent to establish and operate the Program Management Office (PMO) for the Nationwide Suspicious Activity Reporting (SAR) Initiative (NSI), taking on responsibility for coordinating existing resources and managing additional support to further develop and deploy the NSI; and

WHEREAS, the NSI is a partnership among federal, state, local, tribal, and territorial law enforcement that establishes a national capacity for gathering, documenting, processing, analyzing, and sharing SAR information in a manner that rigorously protects the privacy and civil liberties of Americans; and

WHEREAS, the NSI is a collaborative effort led by the Bureau of Justice Assistance (BJA), Office of Justice Programs, U.S. Department of Justice (DOJ), in coordination with the Program Manager for the Information Sharing Environment (PM-ISE); the U.S. Department of Homeland Security (DHS); the Federal Bureau of Investigation (FBI); Global; and municipal and state law enforcement; and

WHEREAS, the NSI Program Management Office (NSI PMO) has established standardized processes and policies that provide the capability for SLTT and federal law enforcement to share timely, relevant SAR information that has been determined to have a potential nexus to terrorism; and

WHEREAS, support of the Nationwide SAR Initiative (NSI) efforts has been publicly stated by the International Association of Chiefs of Police (IACP) and the IACP has been instrumental in the development of and the implementation of front-line SAR training to equip law enforcement officers detect, prevent, or deter a terrorist attack and other criminal activity; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police duly assembled at its 119th Annual Conference, recommends that the Federal government fully support and fund the NSI PMO in order that NSI efforts continue to be implemented across the Nation so that it can become ingrained in the everyday routine of the more than 800,000 law enforcement officers in the United States.