From the current IRS ops manual. You never know whos watching: 9.4.6.8 (07-03-2013) Internet-Related Investigative Activities The Internet provides a wealth of information that may be relevant to CI investigations because it has become a widely used means to communicate and to conduct business. Records of Internet transactions may also be important evidence to investigators. As a general rule, the same policies and procedures that govern investigations in the physical world apply to investigations in cyberspace. Agents should therefore apply the most analogous real-world rules and procedures to each online investigative technique they seek to use. For example, law enforcement officials may obtain information from publicly accessible online sources and facilities (web sites, listservs, news groups, chat rooms, etc) under the same conditions they may obtain information from other sources generally open to the public (e.g., newspapers, libraries, etc.). Similarly, the same policies, procedures, and restrictions that apply to physical world investigative activities (for example, restrictions on access to private places, agent identification, and undercover activities) apply equally to online investigative activities. Agents are authorized to conduct surveillance activities on internet social networking, including Facebook, Twitter, Google+, etc., under the following conditions: A special agent may assume a temporary pretext identity, (IRM 9.4.8, Undercover Operations (subsection 9.4.8.1(4)), when accessing social networking web sites for surveillance purposes only. Communication, of any kind, between a target, associate, or any other individual, through internet social networking sites utilizing a pretext identity requires an approved undercover operation. Communication includes, but is not limited to, “friend” requests, instant messaging, posts on message boards, etc. c) Surveillance of social networking web sites may only be conducted under an approved General, Primary or Subject Investigation. Surveillance of social networking web sites may be conducted by any special agent since communication is prohibited under this section. d) Internet surveillance may only be conducted on a non-CI networked, undercover computer. Computers which leave no government footprint are required for use in this type of surveillance. e) The SAC will be responsible for monitoring internet surveillance and ensuring proper procedures are followed. Special rules apply to the interception of online communications and the gathering of information kept by online service providers (see subsections 9.4.6.7.2; 9.4.6.7.3; and 9.4.6.7.4). Special agents should consult with the CIS in the local field office, the Electronic Crimes Program in HQ, or the Computer and Telecommunications Coordinator in the local US Attorney’s office for advice on conducting online investigations or with questions on using the internet for investigative purposes. The CIS of the Electronic Crimes Program can also provide technical support in the use of techniques, tools, and non-CI network computer equipment needed to conduct many online investigative activities.
Posted on: Tue, 15 Jul 2014 05:07:51 +0000