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

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.

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

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.

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

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

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

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

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

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

Administrative Subpoena Innocent Images Matters US Subject US Victim

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

Compulsory Process May be required

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

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

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

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

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

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