Federal Bureau of Investigation

1. Federal Bureau of Investigation Mark S. Bullock Legal Attaché Office of the Legal Attaché United States Embassy London, England

2. FBI’s Legal Attaché Program Legal Attaché (Legat) Director’s personal representative in the foreign countries where they reside or where they have regional responsibilities.

3. Legal Attaché Offices • Located in 54 countries worldwide • International Investigations with authority from hosting countries • Assistance to other law enforcement agencies • 60 Legats and growing

4. FBI’S Legal Attaché Program Mission Statement • To pursue international aspects of the FBI’s investigative mandates through established liaison with principal law enforcement and intelligence/security services in foreign countries. • To provide a prompt and continuous exchange of information with foreign law enforcement and intelligence agencies.

5. Legat London Staffing • Legal Attaché • Deputy Legal Attaché • Five Assistant Legal Attaches • Intelligence Analyst • Four Professional Staff

6. Investigative Priorities • Counterterrorism • Counter Intelligence • Cyber Matters • Intrusions • Pedophilia • White Collar Crimes • Transnational Criminal Enterprises

7. Mutual Cooperation • To assist law enforcement/intelligence partners with their investigation/mission in matters of similar interest • To address mattersjointly in parallel investigations of mutual interest • To request assistance in U. S. matters involving a foreign country or citizen

8. Methods of Cooperation • Direct - Police to Police assistance • Mutual Legal Assistance Treaty (MLAT) matters involving compulsory service for information

9. Intelligence • CANNOT be used in Court • Information contained in FBI data bases • Unclassified – May be shared based on legitimate law enforcement interest: • Provide a letter with case background and info sought to Legat • Classified – May be shared to a Special Branch/BSS with appropriate US authorities • Same justification required

10. Evidence • To be used in United Kingdom Court • Can be gained voluntarily • Agreeable witness • Police observation • Parallel investigative result

11. Administrative Subpoena • Innocent Images Matters • US Subject • US Victim

12. USA Patriot Act • Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 • Allows government to ask for certain information based on an emergency: • Immediate danger or death or serious bodily harm

13. Compulsory Process • May be required

14. Right to Financial Privacy Act Section 3402 • No government authority may have access to or obtain copies of, or the information contained in the financial records of any customer from a financial institution without a court order or subpoena • It is illegal for the government to ask for financial documentation from such institutions

15. Data Available from ISPs • Subscriber information • IP logs • Email header • Address book • Buddy Lists • No email content (extremely difficult via MLAT) • Limited exceptions • Dependent on District • Preservation Letter

16. Mutual Legal Assistance Treaty (MLAT) • Official letter from Crown Prosecution Service • Provides background of investigation • Cites treaty sections being utilized • U.S. Department of Justice receives MLAT request and facilitates law enforcement action through FBIHQ

17. MLAT Action • Subpoena for records • Financial Institutions • Telephone companies • Internet Service Providers • Any and all businesses in US • Court Order • Search warrant • Arrest • Extradition

18. Summary • Generally, information relating to a US email account must be applied for via MLAT • Exceptions; Intelligence, Parallel Investigation, USA Patriot Act Emergency, Indecent Images Matters

19. Conclusions • Cooperation is key • Contact the Legat Office American Embassy 24 Grosvenor Square London W1A 1AE 020 7894 0007