2012-30FSD
CENTRAL FLORIDA INTERNET CRIMES AGAINST CHILDREN GCS �/1n
TASK FORCE
MEMORANDUM OF UNDERSTANDING
July 1, 2012 —June 30, 2013
The Polk County Sheriff's Office is the recipient of a United States Department of Justice, Office
of Juvenile Justice and Delinquency Prevention (OJJDP) Grant to enforce laws regarding Internet Crimes
Against Children (ICAO), and the Polk County Sheriffs Office utilizes this grant to administer and
operate the Central Florida Internet Crimes Against Children Task Force.
This Memorandum of Understanding (MOU) is entered between the Polk County Sheriff's Office
and the Clermont Police Department
follows:
The current participating agencies pursuant to this Central Florida ICAC Task Force MOU are as
Avon Park Police Department
Bradenton Police Department
Casselberry Police Department
Citrus County Sheriffs Office
Clearwater Police Department
Clermont Police Department
DeSoto County Sheriffs Office
Florida Department of Law Enforcement
Fruitland Park Police Department
Hardee County Sheriffs Office
Hernando County Sheriff s Office
Highlands County Sheriffs Office
Hillsborough County Sheriffs Office
Immigration and Customs Enforcement
Kissimmee Police Department
Lake County Sheriffs Office
Lakeland Police Department
Largo Police Department
Longwood Police Department
Manatee County Sheriffs Office
Mount Dora Police Department
North Port Police Department
Ocoee Police Department
Okeechobee County Sheriffs Office
PURPOSE
Okeechobee Police Department
Orange County Sheriffs Office
Orlando Police Department
Osceola County Sheriffs Office
Oviedo Police Department
Pasco County Sheriffs Office
Pinellas County Sheriffs Office
Plant City Police Department
Sanford Police Department
Sarasota County Sheriffs Office
Sarasota Police Department
Sebring Police Department
Seminole County Sheriffs Office
St. Petersburg Police Department
State Attorney's Office /5"' Judicial Circuit
State Attorney's Office /10"` Judicial Circuit
State Attorney's Office /13"` Judicial Circuit
Sumter County Sheriff s Office
US Attorney's Office Middle District
US Postal Inspection Service
Winter Haven Police Department
Winter Park Police Department
Winter Springs Police Department
The purpose of this MOU is to formalize working relationships between participating agencies to
achieve maximum cooperation in a combined law enforcement effort aimed at combating Internet and
technology crimes against children in the State of Florida and nationwide. By signing the MOU,
participants are agreeing to join the Central Florida ICAC Task Force for the purpose of promoting a
coordinated effort in investigating and prosecuting said crimes. This MOU is not intended and should not
be construed, to create any right or benefit, substantive or procedural, enforceable by law or otherwise, by
CHCAC MO
2012-2013
any third party against the parties, the United States, or the officers, employees,
associated personnel thereof.
CENTRAL FLORIDA ICAC TASK FORCE
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agents C6rs ok0L_' _
With the advent of the Internet and the rapid advancement of computers and technology,
criminals are able to victimize adults, children, businesses and organizations in an environment that
affords them complete anonymity. This ability to cross jurisdictions in a medium is advancing in
technology faster than law enforcement agencies can keep up, and the cost in keeping up with these
technological advances in an environment which is subject to budget constraints, requires a multi -
jurisdictional and multi- agency approach.
The Central Florida ICAC Task Force has been created to address these issues and participate
locally and nationally in increasing the effectiveness and efficiency of investigations and prosecutions of
Internet and technology crimes in Central Florida by providing such resources as expertise, investigative
and prosecutorial support, training, and equipment.
GOALS AND OBJECTIVES
The Central Florida ICAC Task Force goals are to increase the effective response to cyber
enticement and child pornography investigations and prosecutions and to increase public awareness and
prevention of ICAC offenses.
The Central Florida ICAC Task Force objectives are to: (1) Increase the investigative capabilities
of law enforcement officers in the detection and investigation of ICAC offenses; (2) Increase the
apprehension of ICAC offenders; (3) Conduct proactive and reactive ICAC investigations; (4) Increase
the number of ICAC State and Federal offenses being prosecuted in Central Florida; (5) Create a multi -
agency task force response to ICAC offenses; (6) Develop and deliver ICAC public awareness and
prevention programs.
POLICYAND DIRECTION
All participants acknowledge that the Central Florida Task Force is a joint operation in which all
agencies act as allies. The chain of command and supervision of the Polk County Sheriff's Office,
Bureau of Special Investigations, Computer Crimes Unit is responsible for the policy and general
direction of the Task Force. The Task Force Coordinator will periodically contact supervisors and
investigators from other participating agencies to keep them informed of training opportunities, unusual
circumstances, problems /concerns and successes of the Task Force.
The policy and direction of the Central Florida ICAC Task Force will be consistent with and
governed by its goals and objectives. Activities of the Central Florida ICAC Task Force are further
governed by the Operational and Investigative Standards of the United States Department of Justice,
Office of Juvenile and Delinquency Prevention. Affiliate agencies must understand and comply with the
standards. These standards are proprietary to the Internet Crimes Against Children Task Force Program.
A copy of the standards has been provided to each participating agency executing the agreement by the
Polk County Sheriff's Office.
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CFICAC MOU
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SELECTION AND RETENTION OF PERSONNEL - - -
ICAC personnel should have proficient investigative skills, court testimony skills, ability to
handle sensitive information prudently, and a genuine interest in the protection of children.
Due to the graphic nature of evidence encountered in ICAC investigations, supervisors are
encouraged to make reasonable efforts to ensure that all assigned officers have access to Employee
Assistance Programs for mental health concerns.
CASE MANAGEMENT
Central Florida ICAC Task Force affiliate supervisors should be familiar with the Case
Predication and Prioritization in the ICAC Operational and Investigative Standards. Central Florida
ICAC Task Force supervisors are responsible for determining investigative priorities and selecting cases
for investigation.
CYBER TIP INVESTIGATIONS
The CyberTipline is Congressionally mandated as a reporting mechanism for cases of child
sexual exploitation including child pornography, online enticement of children for sex acts, molestation of
children outside the family, sex tourism of children, child victims of prostitution and unsolicited obscene
material sent to a child.
Polk County Sheriff s Office is the clearinghouse for the Cybertips that occur in Central Florida
and disseminate these investigations to the appropriate agencies with jurisdiction.
Central Florida ICAC Task Force affiliates are required to investigate these reactive
investigations and report back to the Central Florida ICAC Task Force Coordinator the status of these
investigations.
CONFIDENTIAL INFORMATION
It is understood that any confidential information pertaining to investigations of Internet and
technology crimes will be held in the strictest confidence, and will only be shared with participating
Central Florida ICAC Task Force affiliates or other law enforcement agencies where necessary, with the
approval of the agency that authored the record or produced the information or as otherwise required by
Federal or Florida law. Any confidential information disclosed to Central Florida ICAC Task Force
affiliates or other law enforcement agencies shall be disclosed in a manner consistent with protections
afforded under Federal and/or Florida law.
EVIDENCE
Seized evidence, the examination of computers and digital media, and any other related
forfeiture /seizure will be handled in a manner consistent with the policies of the case agent's agency.
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CFICAC MOU
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Child Pornography is contraband and should be maintained pursuant to each agenc 13*1icies. It✓ ._Zr-
is recommended that absent a court order specifically ordering otherwise, evidence contamin—
pornography shall not be released to any defendant or representative thereof.
Transfer of evidence containing child pornography among law enforcement shall be done in a
secure manner. Methods may be hand - delivery or delivery via a service which tracks the shipment or
methods consistent with agency policy and practices.
RECORDS AND REPORTS
Each task force member will maintain their own agency records and reports. To the extent
possible, all investigative information will be available to each of the participating law enforcement
agencies as it pertains to investigations of Internet and technology crimes with the approval of the agency
that authored the record or report.
All affiliates will report their monthly activity to the Central Florida ICAC Task Force
Coordinator by the 10 of each month using the ICAC Monthly Performance Measures Report.
ICAC EQUIPMENT
ICAC computers and software purchased utilizing ICAC Grant funded monies shall be reserved
for the exclusive use of agency designated ICAC personnel.
MEDIA RELATIONS
Task Force members and agencies will coordinate all press releases /announcement with all
involved agencies pertaining to the specific investigation.
TERMS OF AGREEMENT
2013.
The term of this MOU shall be effective beginning July 1, 2012 and shall expire on June 30,
Any affiliate agency may withdraw or cancel participation in this task force without liability to
any other party by providing written notice of intent to the Polk County Sheriffs Office no less than 30
days prior thereto. Upon written notice of intent to withdraw from the task force, all equipment, software,
hardware and/or supplies purchased from the federal grant shall be returned to the Polk County Sheriff's
Office prior to the effective date of cancellation.
An agency's participation in the MOU may be terminated by and upon the Polk County Sheriff s
Office giving written notice to the other participating agencies or in the event the federal grant funding
ceases.
This MOU may be modified upon the mutual written agreement of the parties.
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CFICAC MO
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FSD
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Agency Representative (Printed Name)
Signed on the day of 9 2012.
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Polk County Sheriff s Office Representative
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Internet Crimes Against
Children Program
OPERATIONAL
AND
INVESTIGATIVE
STANDARDS
ICAC Program Operational and Investigative Standards
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Definitions
As used herein, the following definitions shall apply:
"OJJDP" is the Office of Juvenile Justice and Delinquency Prevention.
"NCMEC" is the National Center for Missing and Exploited Children.
"CEOS" is the Child Exploitation and Obscenity Section of the Criminal Division of the
Department of Justice.
"Commander" is the individual designated as the leader of the state or regional ICAC
Task Force
"Supervisor" is any manager responsible for supervising personnel involved in ICAC
related cases.
"ICAC" is the Internet Crimes Against Children program composed of Task Forces and
Affiliates.
"TASK FORCE" is defined as an ICAC law enforcement agency designated by OJJDP to
act as the State and/or Regional Task Force.
"AFFILIATE" is defined as a law enforcement agency that is working in partnership with
a Task Force and has agreed in writing to adhere to ICAC Operational and Investigative
Standards.
"PARTNER" is defined as an agency assisting a Task Force absent a written agreement.
"NATIONAL INITIATIVE" is defined as any investigative proposal that relies on the
cooperation and resources of all Task Forces or mandates action by OJJDP.
"Unlawful images, contraband images, images depicting the sexual exploitation of
minors" Any visual depiction of child sexual exploitation as defined by federal and/or
state statute.
"CVIP" is the Child Victim Identification Program operated by the National Center for
Missing & Exploited Children.
"CYBERTIPLINE" is a reporting mechanism for cases of online child sexual
exploitation and enticement operated by the National Center for Missing & Exploited
Children.
For the purposes of this program, crime is defined as any offense that involves the
exploitation of children facilitated by technology.
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Investigative interest is established when there is reasonable suspicion that a screen name
or other potentially identifiable entity has committed a crime or that entity is engaged in a
sequence of activities that is likely to result in the commission of a crime.
A proactive investigation is designed to identify, investigate and prosecute offenders that
may or may not involve a specific target, and requires online interaction and a significant
degree of pre- operative planning.
A reactive investigation involves the investigation of a complaint of a crime.
Reasonable suspicion is established when sufficient facts exist to lead a law enforcement
officer to believe that an individual or organization is involved in a definable criminal
activity.
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1. Oversight
1.1 Each ICAC agency shall have supervisory systems and procedures that shall provide
for observation, documentation, and periodic review of ICAC activity. Such system
should comply with the principles of quality case management and ensure that ICAC
activities comply with both agency and ICAC Operational and Investigative Standards
(hereto forth, "the Standards ").
1.2 Task Forces shall submit all proposed national initiatives to OJJDP prior to project
initiation.
1.3 OJJDP may suggest amendments to the original proposal following consultation with
the presenting Task Force and other federal, state, and local entities.
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2. Selection and Retention of ICAC Task Force Personnel
2.1 Supervisors should evaluate prospective ICAC candidates for work history that
indicates prior investigative experience, court testimony skills, ability to handle sensitive
information prudently, and a genuine interest in the protection of children, and an
understanding of the harmful effects of unlawful images.
2.2 Given the graphic nature of evidence routinely encountered in ICAC related
investigations, the mental health of all personnel involved in such cases is a concern.
ICAC supervisors are encouraged to make reasonable efforts to inform assigned
personnel about departmental employee assistance program policies, procedures, and
services available to them.
2.3 ICAC supervisors and/or his/her designee should work to ensure the long term well-
being of any individuals involved with ICAC related child sexual exploitation
investigations. The following recommendations are encouraged:
• Workspace considerations - The physical location in an office should be
conducive to feeling comfortable while at work.
• Preparation for new employees - Develop an interview process in that the
potential candidate is educated about the true nature of the crime.
• Work flexibility - Allowing investigators and others who are exposed to unlawful
images, contraband images, images depicting the sexual exploitation of minors to
have flexibility (e.g. frequent breaks, having an open -door policy, etc.)
• Educating colleagues - Colleagues should be aware that viewing of child sexual
abuse images should be treated as serious, restricted and stressful.
• Work with Mental Health Providers (MHP) — In compliance with local agency
guidelines work with MHP to make recommendations for care of unit staff and
provide education/training regarding self -care and stress management, etc.
• Best Practices - ICAC Commanders and supervisors are encouraged to share or
seek out any daily office practices used by them or other ICAC Task Forces that
can promote mental health and wellbeing.
• Training — Encourage attendance at trainings that discuss the specific stressors
associated with exposure to images or videos depicting child sexual abuse.
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3. Training
3.1 All professional and administrative personnel assigned responsibilities associated
with ICAC operations shall be required to read and comply with the Standards.
Additionally, all training program curriculum supported by ICAC resources shall be
consistent with the Standards, and approved by OJJDP or, in instances of local training,
the Commander.
3.2 Commanders are responsible for ensuring that the individuals nominated for ICAC
sponsored training are employed by agencies that have agreed in writing to adhere to the
Standards and that any prerequisite requirements for the training session have been met.
3.3 ICAC task forces may develop and deliver regional training. The training shall
comply with the Standards. Any subsequent support required as a result of the regional
training shall be the responsibility of the task force providing the training.
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4. Case Management
4.1 Case Predication and Prioritization Factors
4. 1.1 Cases may be initiated by referrals from the CyberTipline, Internet service
providers, or other law enforcement agencies, and by information gathered through
subject interviews, documented public sources, direct observations of suspicious
behavior, public complaints, or by any other source acceptable under agency policies.
4.1.2 Supervisors are responsible for determining investigative priorities and selecting
cases for investigation. Assuming the information is deemed credible, that determination
should begin with an assessment of victim risk and should also consider other factors
such as jurisdiction and known offender behavioral characteristics. The following factors
should be considered:
• A child is believed to be at immediate risk of victimization
• A child is vulnerable to victimization by a known offender
A known suspect is aggressively soliciting a child(ren)
• Manufacturers, distributors or possessors of images that appear to be home
photography with domiciled children
• Aggressive, high - volume unlawful images, contraband images, images depicting
the sexual exploitation of minors, manufacturers or distributors who either are
commercial distributors, repeat offenders, or specialize in sadistic images
• Manufacturers, distributors and solicitors involved in high - volume trafficking or
belong to an organized group sharing unlawful images, contraband images,
images depicting the sexual exploitation of minors ring that operates as a criminal
conspiracy.
• Distributors, solicitors and possessors of unlawful images, contraband images,
images depicting the sexual exploitation of minors
• Any other form of technology facilitated child sexual victimization
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4.2 Record Keeping
4.2.1 ICAC agencies shall be subject to existing agency incident reporting procedures and
case supervision systems. At a minimum, a unique identifier shall be assigned to each
ICAC case.
4.2.2 All affiliated agencies will report their activity to the respective Task Force
Commander by the 10th of each month using the ICAC Monthly Performance Measures
Report.
4.2.3 Task Forces will compile and submit their monthly performance measures report to
the OJJDP designated location before the end of the following calendar month. This
monthly report does not replace the semi - annual progress report required by the Office of
Justice Program's Financial Guide.
4.2.4 ICAC Case Tracker — Task Forces will compile and submit information on all cases
referred for local, state, or federal prosecution. Information is required for all cases
referred by the grant receiving agency, as well as all affiliates that received more than
$20,000 a year, or any affiliate the Commander selects to include. The report is on -going
and begins with the prosecutorial agency the case is referred to and continues through the
final disposition of the case. This on -going quarterly report will be due within 30 days
of the end of the quarter and does not replace either the semi - annual progress report
required by the Office of Justice Program's Financial Guide, nor does it replace the
Monthly Performance Measures Report (see 4.2.3 above).
4.3 Undercover Investigations
4.3.1 Carefully managed undercover operations conducted by well - trained officers are
among the most effective techniques available to law enforcement for addressing ICAC
offenses.
4.3.2 Supervisors are responsible for ensuring that ICAC investigators receive a copy of
the Standards.
4.3.3 ICAC investigations shall be conducted in a manner consistent with the principles
of law and due process.
4.3.4 The following minimum standards apply to ICAC investigations:
a. Only sworn, personnel shall conduct ICAC investigations in an undercover
capacity. Private citizens shall not be asked to seek out investigative targets, nor
shall they be authorized to act as police agents in an online undercover capacity.
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b. ICAC personnel shall not electronically upload, transmit, or forward any
contraband. This does not prohibit the transfer of evidence between law
enforcement officials as provided by section 4.4.4 of these Standards.
c. Other than images or videos of individuals, age 18 or over, which have
provided their informed written consent, and at the time consent was given were
employed by a criminal justice agency, no actual human images or videos shall be
utilized in an investigation. Employee is defined as a sworn, or compensated
individual, or any individual working under the direction and control of a law
enforcement agency.
d. Absent prosecutorial input to the contrary, during online dialogue, undercover
officers should allow the investigative target to set the tone, pace, and subject
matter of the online conversation. Image transfer shall be initiated by the target.
e. Undercover online activity shall be recorded and documented. Any departures
from this policy due to unusual circumstances shall be documented in the relevant
case file and reviewed by an ICAC supervisor.
4.4 Evidence Procedures
4.4.1 The storage, security, and destruction of investigative information shall be
consistent with agency policy. Access to files should be restricted to authorized
personnel.
4.4.2 The examination of computers and digital media shall be consistent with agency
policy and procedure.
4.4.3 Unlawful images or images depicting the sexual exploitation of minors are
considered contraband, and should be maintained pursuant to each agency's policies
regarding such. It is recommended that absent a court order specifically ordering
otherwise, evidence containing unlawful images, contraband images, images depicting
the sexual exploitation of minors shall not be released to any defendant or representative
thereof.
4.4.4 The transfer of evidence containing unlawful images, contraband images, and
images depicting the sexual exploitation of minors among law enforcement shall be done
in a secure manner. Methods of transfer may include hand - delivery, electronic
transmission of digitally protected files, delivery via a service that tracks the shipment, or
other methods consistent with agency policy and practices.
4.5 Workspace and Equipment
4.5.1 ICAC equipment will be reserved for the exclusive use of agency and/or designated
ICAC personnel. When possible, undercover equipment and online accounts shall be
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purchased covertly. No personally owned equipment shall be used in ICAC investigations
and all software shall be properly acquired and licensed.
4.5.2 ICAC personnel shall not use ICAC computers, software, or online accounts for
personal use.
4.5.3 Absent exigent or unforeseen circumstances, all ICAC investigations should be
conducted in a professional and ethical manner in an approved workspace as designated
by a Supervisor. Alternative workspace policies may be developed and approved by the
Commander (in consultation with OJJDP when appropriate) to allow for investigations to
continue during event driven instances where the physical location of the investigator
may vary.
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5. Information Sharing
5.1 Conventional boundaries are virtually meaningless in the electronic world of the
Internet and the usual constraints of time, place, and distance lose their relevance. These
factors increase the possibility of ICAC agencies targeting one another, investigating the
same subject, or inadvertently disrupting an ongoing investigation. To foster
coordination, collaboration, and communication, each ICAC agency shall make every
effort to deconflict all active investigations.
5.2 When a common target is identified, the agency should consider contacting other
local, state, and federal agencies that may be involved in an investigation of the same
target.
5.3 When transferring an ICAC investigation to another agency, the appropriate ICAC
Commanders shall be notified that a referral has occurred.
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6. Victim Identification
6.1 Identifying child victims is a critical element of the ICAC Program. DOJ and OJJDP
require all Task Forces and affiliates to submit child victim images to the Child Victim
Identification Program (CVIP) as a means to improve child victim identification. Absent
exigent circumstances, child victim images will be sent to the CVIP consistent with
NCMEC guidelines. In addition, ICAC agencies are encouraged to collaborate with
NCMEC to identify children depicted in unlawful images, contraband images, images
depicting the sexual exploitation of minors.
6.2 A focus of the ICAC Program is to protect children. In circumstances where reporting
of child abuse is not required under existing laws, ICAC agencies are strongly
encouraged to report instances where a child may be at risk for abuse or exploitation.
6.3 Absent exigent circumstances, victim - identifying information should be protected
from public disclosure.
6.4 Adhere to state and federal victimization notification and assistance laws.7.
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Community Education and Crime Prevention
7.1 Prevention education activities are a critical component of the OJJDP ICAC Program.
ICAC agencies should foster awareness and provide practical, relevant guidance to
children, parents, educators, librarians, and other individuals concerned about child safety
issues.
7.2 Presentations to school staff, parents, and community groups are excellent ways to
promote awareness. These presentations shall not depict identifiable victims, not
otherwise in the public domain, nor shall they use pornographic or sexually explicit
images. Presenters shall not discuss confidential investigative techniques.
7.3 No member of an ICAC Task Force may endorse any product or service without the
express consent of an OJJDP Program Manager. While appearing at public presentations,
ICAC members may indicate a preference for a product or service, but to avoid an
implicit endorsement, such ICAC members should indicate adequate alternatives.
7.4 The materials and presentation should be consistent with the national ICAC goals as
outlined below:
Purpose of the ICAC Program
The mission of the Internet Crimes Against Children (ICAO) Task Force program is to assist state
and local law enforcement agencies in developing an effective response to cyber enticement and
the production, possession, and distribution of unlawful images, contraband images, and images
depicting the sexual exploitation of minors. This support encompasses forensic and investigative
components, training and technical assistance, victim services, prevention and community
education.
Background on the ICAC Program
The Internet Crimes Against Children (ICAC) program is a national network of 61 coordinated
local task forces and nearly 3, 000 local and regional a, j�iliated agencies engaged in both
proactive and reactive investigations, forensic examinations, effective prosecutions and
community education. The ICAC Program was developed in response to the increasing number
of children and teenagers using the Internet, the proliferation of unlawful images, contraband
images, images depicting the sexual exploitation of minors, and the heightened online activity by
predators searching for unsupervised contact with underage victims. By helping state and local
law enforcement agencies develop effective and sustainable responses to online child
victimization and unlawful images, contraband images, images depicting the sexual exploitation
of minors, the ICACprogram delivers national resources at the local level.
The ICAC program actively protects children who use the Internet by proactively investigating
the online sexual exploitation of children by predators. Because ICAC practitioners understand
that arrests alone cannot resolve the problem of on -line victimization, the ICAC program is
dedicated to training law enforcement and educating parents and youth about the potential
dangers online and offering safety tools.
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8. Media Relations and Releases
8.1 Media releases relating to prosecutions, crime alerts or other matters concerning
ICAC operations shall not include information regarding confidential investigative
techniques and should be coordinated (when applicable) with other Task Force
participants, Federal law enforcement agencies, and State and local agencies involved in
the investigation consistent with sound information management and media relations
practices.
8.2 Commanders and supervisors (or their designees) may speak to members of the media
about their own departments' ICAC - related activities according to their own agency's
guidelines. No individual affiliated with the ICAC program may speak on behalf of the
ICAC Program as a whole.
8.3 Commanders should inform an OJJDP Program Manager if approached by national
media outlets about the ICAC Program (as opposed to media seeking information about
local activities) so that a coordinated national response can be prepared by OJP.
8.4 Information provided by ICACs to the media shall be consistent with the information
provided in Section 7.4.
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