Hampton Roads Telephone Analysis Sharing Network

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The Hampton Roads Telephone Analysis Sharing Network was a program through which law enforcement agencies in five Virginia cities access a shared database containing phone records and contents of seized mobile devices. The program was active from 2012 to 2015. [1] [2] [3]

Virginia State of the United States of America

Virginia, officially the Commonwealth of Virginia, is a state in the Southeastern and Mid-Atlantic regions of the United States located between the Atlantic Coast and the Appalachian Mountains. Virginia is nicknamed the "Old Dominion" due to its status as the first English colonial possession established in mainland North America and "Mother of Presidents" because eight U.S. presidents were born there, more than any other state. The geography and climate of the Commonwealth are shaped by the Blue Ridge Mountains and the Chesapeake Bay, which provide habitat for much of its flora and fauna. The capital of the Commonwealth is Richmond; Virginia Beach is the most populous city, and Fairfax County is the most populous political subdivision. The Commonwealth's estimated population as of 2018 is over 8.5 million.

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Participating cities

Hampton, Virginia Independent city in Virginia

Hampton is an independent city in the Commonwealth of Virginia in the United States. As of the 2010 census, the population was 137,436.

Norfolk, Virginia Independent city in Virginia, United States

Norfolk is an independent city in the Commonwealth of Virginia in the United States. At the 2010 census, the population was 242,803; in 2017, the population was estimated to be 244,703 making it the second-most populous city in Virginia after neighboring Virginia Beach.

Chesapeake, Virginia Independent city in Virginia

Chesapeake is an independent city in the Commonwealth of Virginia. As of the 2010 census, the population was 222,209; in 2013, the population was estimated to be 232,977, making it the third-most populous city in Virginia.

Sharing

Participating agencies have, through a memorandum of understanding, agreed to "share telephone intelligence information derived from any source with the (task force) including: subpoenaed telephone call detail records, subpoenaed telephone subscriber information, and seized mobile devices." [1]

A memorandum of understanding (MoU) is a type of agreement between two (bilateral) or more (multilateral) parties. It expresses a convergence of will between the parties, indicating an intended common line of action. It is often used either in cases where parties do not imply a legal commitment or in situations where the parties cannot create a legally enforceable agreement. It is a more formal alternative to a gentlemen's agreement.

Controversy

Rob Poggenklass, an ACLU staff attorney, stated that the program violates Virginia's Government Data Collection and Dissemination Practices Act. The Virginia State Police stated that they declined to join, citing the same statute. [1]

Virginia State Police

The Virginia State Police, officially the Virginia Department of State Police, is a U.S. state law enforcement agency, conceived in 1919 and established in 1932, that acts as the state police force for the Commonwealth of Virginia in the United States. The agency originated out of the Virginia Department of Motor Vehicles as an inspector and enforcer of highway laws. It is currently one of fourteen agencies within the Cabinet Secretariat of Public Safety, under the leadership of Secretary Brian Moran. On January 18, 2018, Gary T. Settle was sworn in as Superintendent of the Virginia State Police. Colonel Settle replaces retiring Colonel W. Steven Flaherty, who had served since 2003.

Termination

In 2015, Chesapeake asked Virginia Attorney General Mark Herring for a formal opinion on whether the program was legal under Virginia law. [3] The official response delivered in November 2015 was that the examination was closed because the program had been terminated. Newport News Police Chief Rick Myers said that the task force had joined a federal data-sharing program which required search warrants.

Mark Herring American lawyer and politician

Mark Rankin Herring is an American lawyer who is the 47th and current Attorney General of Virginia. A Democrat, he previously served in the Senate of Virginia since a 2006 special election, representing the 33rd district, made up of parts of Fairfax and Loudoun counties.

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