Social Networking, Open Source Information and Online
Practitioner
Table of Contents
Table of Contents
3
Executive summary
4
Overview
4
Principles
4
Responsible use of online personas
4
The Internet
4
Acceptable use of technology
5
Using social media sites
5
s.6(c) OIA
5
Definitions
5
Police contacts
6
Online personas
8
Features of an online persona
8
Registration
8
Authorisation
8
s.6(c) OIA
9
The persona pool
9
s.6(c) OIA
9
Persona deregistration
10
Consent
10
Personal personas
10
Open Source Information and Online Practitioner
11
Role 1: Overt Online
11
Role 2: Discreet Online Researcher
11
Role 3: Discreet Online Persona
12
Role 4: Discreet Online Controlled Operations
12
Role 5: Discreet Online Specialist
12
Equipment
14
s.6(c) OIA
14
s.6(c) OIA
14
Cellular/mobile phone verification
14
Home or personal device
14
Evidence capture
16
Methodology
16
Social Networking chapter
16
Disclosure
17
Organisational risk
18
Disclosure of online investigations methodology
18
s.6(c) OIA
18
Legislation
18
Committing offences
18
Social Networking, Open Source Information and Online Practitioner
Executive summary
Due to the rapid pace of technological change, increasing connectivity and the popularity of social media,
the internet has become a vast source of evidence and information.
Almost all investigations involve a component of technology, whether it is in the process of gathering
information (open source / social media), during the commission of the offence (direct electronic evidence),
concealing the proceeds of crime through the banking system, crypto currencies or indirect electronic
evidence (e.g. social media posts).
Police must be aware of these key, critical points:
- Police employees are accountable for how they utilise the internet not only for public relations, but
also as a source of information and evidence.
- No online practitioner activities should be conducted or authorised outside of the Police Manual
mandated policy and procedures.
Overview
This chapter aims to ensure lawful, ethical, and reasonable use that is consistent and proportionate to
operational requirements.
Principles
The key principles of this chapter are:
- s.6(c) OIA
exemplify Police values and must be ethical and lawful at all times.
- No Police employee must obtain, create, or otherwise use an online persona without the approval of
the appropriate authority.
- All online profiles must be registered in accordance with this chapter to ensure national consistency,
organisational accountability and to enable national and international deconfliction.
- The safety and welfare of staff involved with online investigations is of paramount importance. It is
essential that all online investigations are able to withstand stringent scrutiny.
Responsible use of online personas
Employees are responsible for ensuring that all online investigation activities are conducted in accordance
with this chapter. Operating and managing an online persona outside of the directions of the manual, may
lead to action under the Police ‘Code of Conduct’.
The Internet
The Internet is a global system of interconnected computer networks that use the standard Internet
protocol suite (TCP/IP) to serve several billion users worldwide. It is a network of networks that consists of
millions of private, public, academic, business, and government networks, of local to global scope, that are
linked by a broad array of electronic, wireless, and optical networking technologies. The Internet carries an
extensive range of information resources and services, such as the inter‐linked hypertext documents of the
World Wide Web (WWW), the infrastructure to support email, and peer‐to‐peer networks.
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The Internet has no centralised governance in either technological implementation or policies for access
and usage; each constituent network sets its own policies. Only the Internet Protocol address framework
and the Domain Name System are managed by a maintainer organisation, the Internet Corporation for
Assigned Names and Numbers (ICANN). The technical underpinning and standardisation of the core
protocols (IPv4 and IPv6) is an activity of the Internet Engineering Task Force (IETF), a non‐profit
organisation of loosely affiliated international participants that anyone may associate with by contributing
technical expertise.
Acceptable use of technology
All instructions outlined in this chapter are to be implemented in conjunction with ‘Information
management, privacy and assurance’ chapter of the Police Manual.
Using social media sites
All instructions outlined in this chapter are to be implemented in conjunction with the ‘Social media policy’
chapter of the Police Manual.
s.6(c) OIA
Definitions
This table details definitions of terms relevant to this chapter.
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Term
Definition
s.6(c) OIA
Cybercrime ‘Cybercrime’ is defined as a criminal act that can only be committed through the use of ICT
or the Internet and where the computer or network is the target of the offence. This is
regardless of what the criminal goal is ‐ whether political, financial gain, espionage or any
other reason. Examples of this would be malicious software, network intrusion, denial of
service attacks and phishing.
Cyber‐
‘Cyber‐enabled crime’ is any criminal act that could be committed without ICT or the
enabled crime Internet, but is assisted, facilitated or escalated in scale by the use of technology. This
includes a vast amount of serious and organised crime, such as cyber‐enabled fraud or the
distribution of child exploitation material.
Cyber safety ‘Cyber safety’ is the safe and responsible use of Information and Communication
Technologies (ICT).
Cyber
‘Cyber security’ is the application of protocols, devices or software to secure data in storage
security
or transit from attack, unauthorised access, deletion or modification.
Online
‘Online persona’ is an assumed identity or fabricated identity that has been created to
persona
conceal the true identity of the user e.g. a false email address or Facebook profile.
Online
‘Online practitioner’ refers to an investigator who lawfully and ethically utilises the Internet
practitioner as an investigative tool.
Open Source ‘Open Source Intelligence (OSINT)’ is information collected from publicly available sources
Intelligence (as opposed to covert or clandestine sources).
(OSINT)
Registered ‘Registered persona’ is an approved police persona that has been registered and is
persona
operated in accordance with this chapter.
Social
‘Social networking’ is the creation and maintenance of personal and business relationships
networking online.
Police contacts
This table details the relevant Police contacts.
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Cybercrime Unit
Digital Forensic Units
OCEANZ
s.6(c) OIA
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Online personas
It is becoming increasingly necessary for staff to engage with targets or POI’s on social media or other
online forums using an assumed identity or persona.
This may be for the purpose of gathering more in‐depth information about persons or events, or to gather
evidence about criminal offending.
When considering whether to utilise an online persona, an appreciation should be conducted regarding
what the aims of the deployment are, whether its use is lawful, reasonable, proportionate and necessary in
the circumstances. This should be considered alongside legislative constraints and organisational risk.
Features of an online persona
An online persona:
- is created, maintained and utilised for legitimate overt or covert policing activities
- can be an individual, a business or any other entity
- may have no connection to the identity/name of any Police employee
- s.6(c) OIA
- is only utilised for the specific objectives of its deployment.
Registration
s.6(c) OIA
The registration of online personas is essential to ensure national consistency, organisational
accountability, protect the safety and welfare of staff and to enable national and international deconfliction
where appropriate. A database will ensure that existing profiles can be assessed and deployed
operationally for controlled operations, e.g. if it is a member of a specific group of Police interest.
The registration of any online persona deployed for the purpose of online investigations will be conducted
prior to any investigative activity utilising the persona. Registration can be accomplished by contacting the
s.6(c) OIA
PNHQ for a registration form.
s.6(c) OIA
Registering officers will become the ‘owner’ of that profile. Owners will be permitted access to their
registered profiles in the register at any time to ensure that they are regularly updated and current.
Authorisation
The completed registration form must be approved by a supervisor or manager in accordance with the
relevant level of authorisation for each role as outlined in this table.
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Role
Level of Authorisation
Role 1: Overt Online
Self‐approved
Role 2: Discreet Online Researcher Sergeant, equivalent or above
Role 3: Discreet Online Persona
Senior Sergeant, equivalent or above
Role 4: Discreet Online Controlled District Crime Services Manager, equivalent or above
Operations
Role 5: Discreet Online Specialist Manager of the High Tech Crime Group or the Manager of the Covert
Operations Group or above
When authorising the deployment of an online persona the authorising officer must consider whether its
use is lawful, reasonable, proportionate and necessary in the circumstances. An organisational risk
assessment must accompany the registration request.
s.6(c) OIA
The persona pool
s.6(c) OIA
, the
Cybercrime Unit can be contacted and the database searched to assess if a suitable online persona is
registered and available for redeployment.
The redeployment of a persona will only be permitted following a comprehensive risk assessment and with
the authority and assistance of the owner.
s.6(c) OIA
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Persona deregistration
In order to maintain an accurate up to date database, it is essential to update personas should they become
inactive, compromised, or retired.
s.6(c) OIA
Consent
On occasions it may be assessed that the most effective way to extract online information or evidence is to
‘take over’ the existing account of a victim, witness or co‐offender.
This can be an effective investigative tool to progress an investigation however, a comprehensive risk
assessment and appreciation is required to mitigate risk to the victim, witness or co‐offender and Police.
All personas that are adopted under ‘consent’ are to be registered as outlined in this chapter. The profile
registration form will be endorsed ‘consent’ during the registration process.
Upon completion of the period of consent, it is essential that the profile is retired when no longer required.
Authorisation to assume a victim, witness or co‐offender’s profile can only be granted by an Inspector or
above and a consent form completed. Consent forms can be located here.
Personal personas
No personal personas (disused, obsolete or otherwise) associated with past or current police employees or
associates will be utilised for any roles outlined in this chapter unless by consent or required by unique
operational circumstances.
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Open Source Information and Online Practitioner
It is recognised that most investigations into Crimes Act offences now have an online component to them.
Evidence or information posted on Social Networking sites or other forums can create or direct phases of
investigation and assist with developing target profiles, associates and attribution.
Police have adopted a framework which defines how information and evidence is identified from online
sources and by whom. These five roles each outline specific expectations and restrictions:
- Overt Online
- Discreet Online Researcher
- Discreet Online Persona
- Discreet Online Controlled Operations
- Discreet Online Specialist
Role 1: Overt Online
This role describes the knowledge and skills required to conduct general queries overtly online. The
purpose of this role is to facilitate police activities on the internet.
This role describes the online capabilities required for individuals whose duties require performing
activities and engaging online as a police employee, e.g. public affairs, community policing teams or
prevention initiatives.
An employee performing this role does not utilise an online persona (assumed identity).
For further instruction on using social media for community engagement and guidance on private use, see
‘Social media policy’.
Role 2: Discreet Online Researcher
This role describes the knowledge and skills required to conduct discreet research using the internet.
A risk assessment for discreet research will be completed and authorised by a supervisor of at least the rank
of Sergeant.
Practitioners will have successfully completed training toLevel 1 of the National Cybercrime Training
Programme and will be fully conversant with legislative and policy guidelines and restrictions.
- An employee performing this role may utilise an overt identity if risk of discovery has been assessed
as minimal and/or insignificant.
- An employee performing this role may utilise a registered assumed identity if risk of discovery has
been assessed as possible and/or likely.
- An employee performing this role remains passive s.6(c) OIA
- A Discreet Online Researcher s.6(c) OIA
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Role 3: Discreet Online Persona
This role describes the knowledge and skills required to apply online capabilities to investigate crimes using
registered personas.
A risk assessment for deployment of the registered persona will be completed and authorised by a
supervisor of at least the rank of Senior Sergeant.
Practitioners will have successfully completed the online elements ofLevel 1 and 2 of the National
Cybercrime Training Programme and will be fully conversant with legislative and policy guidelines and
restrictions.
- At the Senior Sergeant’s discretion, an employee performing this role may utilise a registered
assumed identity.
- s.6(c) OIA
.
- A Discreet Online Persona maintains s.6(c) OIA
- s.6(c) OIA
Role 4: Discreet Online Controlled Operations
This role describes the knowledge and skills required to support and contribute to workgroups in
specialised areas, s.6(c) OIA
A risk assessment for deployment of the registered persona will be completed and authorised by at least a
District Crime Service Manager, Manager of the Covert Operations Group or above.
Practitioners will have successfully completed the online elements ofLevel 1 and 2 of the National
Cybercrime Training Programme and will be fully conversant with legislative and policy guidelines and
restrictions.
- An employee performing this role will utilise a registered assumed identity
- s.6(c) OIA
- An employee performing this role will be s.6(c) OIA
as outlined in the ‘Equipment’ section of this chapter.
- The role of Discreet Online Controlled Operationss.6(c) OIA
Role 5: Discreet Online Specialist
This role describes the knowledge and skills required by individuals who are targeting offenders with
s.6(c) OIA
The Discreet Online Specialist will possess high level skills and knowledge of
the investigation intricacies to ensure credibility is maintained s.6(c) OIA
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A risk assessment for deployment of the registered persona will be completed and authorised by at least
the Manager: National High Tech Crime Group or the Manager: Covert Operations Group or above.
Practitioners will have successfully completed the online elements ofLevel 1 and 2 of the National
Cybercrime Training Programme as well as additional specialist training provided by the Cybercrime Unit.
Practitioners will be fully conversant with legislative and policy guidelines and restrictions.
- An employee performing this role will utilise a registered assumed identity.
- s.6(c) OIA
- An employee performing this role will be s.6(c) OIA
as outlined in the ‘Equipment’ section of this chapter.
- A Discreet Online Specialist s.6(c) OIA
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Equipment
Careful consideration needs to be taken to ensure that the right equipment is being utilised when operating
an online persona.
s.6(c) OIA
Cellular/mobile phone verification
When registering your online persona with various applications, you may be required to supply a
cellular/mobile phone number to verify or activate the account. You should assess the objectives of the
online persona created and evaluate if you wish to supply a non‐attributable cellular/mobile number to the
service.
In exceptional circumstances you may wish to consider the cash purchase and activation of a pay as you go
cellular/mobile phone.
Home or personal device
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A personal computer system or device must not be utilised for any roles outline in this chapter.
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Evidence capture
Methodology
It is essential that online information or investigation activity can be recorded, to prove how the
information or evidence was obtained. Methods of documenting online investigative processes can include,
but is not limited to:
- comprehensive notebook entries
- screen prints
- photographing or videoing the screen interactions
- third party software designed to capture data.
Advice should be sought from the Cybercrime Unit regarding evidence capture methods.
Social Networking chapter
It may be possible to recover information or evidence of your interaction retrospectively. Refer to the
‘Social Networking Guide’ (see PDF below) for further information. Note that the Guide is currently under
review and will be replaced by a chapter in the Police Manual.
‑
NZ Police Online Investigation Guide (OIG) v2.06
3.61 MB
This guide has been designed to assist investigators in identifying information that can be obtained from
various social media and online companies. Social networking is the creation and maintenance of personal
and business relationships, especially online. While numerous social media sites are covered in this guide,
other online sites are also covered to ensure investigators are aware of the information they can obtain.
Updates in Version 2.04
- Uber content added. Google content updated.
Updates in Version 2.03
- PaySafe content added.
Updates in Version 2.02
- Tinder updated. Omegle content added.
Updates in Version 2.01
- Facebook details amended.
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Disclosure
For prosecutions Police must comply with the Criminal Disclosure Act 2008. It is essential that a detailed
record of any online activities is fully documented so that obligations under the Act can be met.
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Organisational risk
Although some risk‐taking is inevitable in the execution and pursuit of our objectives, being risk aware
means that we not only actively manage potential problems, but also identify potential opportunities. To
manage risk, we need to identify and evaluate the risks we face as an organisation
Disclosure of online investigations methodology
Every effort should be implemented to safeguard the disclosure of the Police methodology and techniques
when conducting online investigations. s.6(c) OIA
The disclosure of a Police persona and its use in a covert operation is likely to cause significant media
attention and may impact on the organisations reputation.
s.6(c) OIA
Legislation
As we utilise the internet as a source of information and evidence we need to comply with New Zealand
Legislation. The New Zealand Bill of Rights Act 1990, the Privacy Act 2020, the Crimes Act 1961 and the
Search and Surveillance Act 2012 all have sections that limit what Police can lawfully do.
There is a fine line between what is in the public domain and what is not and therefore Police need to
mitigate any organisation risk by evaluating legislative implications and ethical obligations.
Police may be required to justify that their actions were lawful, ethical, reasonable, consistent and
proportionate to operational requirements.
Committing offences
Current legislation does not permit police to commit any offence for the purpose of progressing with an
investigation other than outlined in the Misuse of Drugs Act 1975.
Printed on : 09/11/2021
Printed from : https://tenone.police.govt.nz/pi/social‐networking‐open‐source‐information‐and‐online‐
practitioner
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Table of Contents
Table of Contents
2
Policy statement and principles
3
What
3
Why
3
How
3
Overview
4
Key operating principles
4
Responsible use of online personas
4
Acceptable use of technology
4
Account takeover
4
s.6(c) OIA
4
Definitions
4
Police contacts
5
Online personas
6
Features of an online persona
6
Registration
6
Authorisation
6
s.6(c) OIA
7
s.6(c) OIA
7
Persona deregistration
7
Consent takeover of accounts
7
Personal personas
8
Open‐Source Information and Online Practitioner
9
Role 1: Overt Online
9
Role 2: Discreet Online Passive Operations
9
Role 3: Discreet Online Active Operations
9
Role 4: Discreet Online Controlled Operations
10
Role 5: Discreet Online Advanced Operations
10
Equipment
11
s.6(c) OIA
11
11
Accounts on social media and other services
11
Cellular/mobile phone verification
11
Home or personal device
11
Evidence capture
12
Methodology
12
Social Networking chapter
12
Disclosure
12
Organisational risk
13
Reducing organisational risk
13
Disclosure of online investigations methodology
13
s.6(c) OIA
13
Legislation
13
Committing offences
13
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Policy statement and principles
What
The ‘Social Networking, Open‐Source Information and Online Practitioner’ chapter provides guidance to Police employees about the
lawful, ethical, and reasonable use of gathering information (open‐source/social media), during the commission of the offence (direct
electronic evidence), concealing the proceeds of crime through the banking system, cryptocurrencies or indirect electronic evidence
(e.g., social media posts).
Why
The rapid pace of technological change with the internet, increasing connectivity, and the popularity of social media has provided a
vast source of evidence and information for resolving crime.
How
Police will:
‑ be accountable with individual responsibility under the ‘Code of Conduct’ for how it utilises the internet not only for public
relations, but also as a source of information and evidence
‑ not conduct or authorise online practitioner activities outside of the Police Manual mandated policy and procedures
‑ comply with legislation and the key operating principles outlined in this chapter.
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Overview
This chapter aims to ensure lawful, ethical, and reasonable use of gathering information (open‐source/social media) that is consistent
and proportionate to operational requirements.
Key operating principles
The key principles under which Police must operate include that:
s.6(c) OIA
exemplify Police values and must be ethical and lawful at all times
‑ the safety and welfare of employees involved with online investigations is of paramount importance (it is essential that all
online investigations are able to withstand scrutiny)
‑ Police employees must obtain approval of the appropriate authority before acquiring, creating, or otherwise using an online
persona
‑ Police employees may monitor and use publicly accessible social media information to fulfil Police’s functions under section 9
of the Policing Act 2008
‑ Police employees must first have the approval of their supervisor to monitor social media networks, (complete the ‘Request for
Restricted Internet Access’ form, go to ICT Portal, then search ‘Restricted internet access’ for accessing social media networks on
enterprise devices)
‑ all online profiles must be registered in accordance with this chapter to ensure national consistency, organisational
accountability, and to enable national and international deconfliction
‑ the Police Manual chapter ‘Acceptable Use of information and ICT’ applies to information collected
‑ all information collected must be stored securely and protected against loss, unauthorised access, use, modification, or
unauthorised disclosure
‑ information collected which is no longer required for intelligence, evidentiary, or investigatory purposes must be destroyed in
accordance with provisions under the Public Records Act 2005
‑ sharing of information collected must abide by the principles of the Privacy Act 2020
‑ day‐to‐day monitoring of social media networks must be done through a designated Police account using approved social
monitoring software
‑ the accounts used for monitoring publicly accessible social media networks must
not be used for external communications by
Police to the public, i.e., ‘to tweet’.
‑ Police use of social media for external communication of material to the public for community engagement or private use is
covered by the ‘Social media policy’ chapter
‑ Police employees can only operate at a particular Online Practitioner level (2‐5) when trained, certified, and appropriately
supervised.
Responsible use of online personas
Employees are responsible for ensuring that all online investigation and intelligence gathering activities are conducted in accordance
with this chapter. Operating and managing an online persona outside of the directions of the manual, may lead to action under the
Police ‘Code of Conduct’.
Acceptable use of technology
All instructions outlined in this chapter are to be implemented in conjunction with ‘Acceptable use of information and ICT’ chapter of
the Police Manual.
Account takeover
All instructions in this chapter must be implemented in conjunction with the ‘Account takeover policy’ chapter of the Police Manual
s.6(c) OIA
Definitions
This table details definitions of terms relevant to this chapter.
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Term
Definition
s.6(c) OIA
Cyber‐
‘Cyber‐dependent crime’ is defined as a criminal act that can only be committed through the use of ICT or the internet
dependent
and where the computer or network is the target of the offence. This is regardless of what the criminal goal is ‐ whether
crime
political, financial gain, espionage, or any other reason. Examples of this would be malicious software, network
intrusion, denial of service attacks, and phishing.
Cyber‐
‘Cyber‐enabled crime’ is any criminal act that could be committed without ICT or the internet, but is assisted,
enabled
facilitated, or escalated in scale by the use of technology. This includes a vast amount of serious and organised crime,
crime
such as cyber‐enabled fraud or the distribution of child exploitation material.
Cyber safety ‘Cyber safety’ is the safe and responsible use of Information and Communication Technologies (ICT).
Cyber
‘Cyber security’ is the application of protocols, devices or software to secure data in storage or transit from attack,
security
unauthorised access, deletion or modification.
Online
‘Online persona’ is an assumed identity or fabricated identity that has been created to conceal the true identity of the
persona
user e.g., a false email address or Facebook profile.
Online
‘Online practitioner’ refers to an investigator who lawfully and ethically utilises the internet as an investigative tool.
practitioner
Open‐Source ‘Open‐Source Intelligence (OSINT)’ is information collected from publicly available sources (as opposed to covert or
Intelligence clandestine sources) and processed into actionable insights
(OSINT)
Registered
‘Registered persona’ is an approved police persona that has been registered and is operated in accordance with this
persona
chapter.
Social
‘Social networking’ is the creation and maintenance of personal and business relationships online.
networking
Police contacts
This table details the relevant Police contacts.
Cybercrime Unit
Digital Forensic Units
Covert Online Team (including OCEANZ)
s.6(c) OIA
s.6(c) OIA
OSINT Team
Nil ext.
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Online personas
It is becoming increasingly necessary for trained staff to conduct targeted research of social media or other online forums, including,
where appropriate, engagement with targets or POI’s using an assumed identity or persona.
This may be for the purpose of gathering more in‐depth information about persons or events, or to gather evidence about criminal
offending.
When considering whether to utilise an online persona, an appreciation should be conducted regarding what the aims of the
deployment are, whether its use is lawful, reasonable, proportionate, and necessary in the circumstances. This should be considered
alongside legislative constraints and organisational risk.
Features of an online persona
An online persona:
‑ is created, maintained, and utilised for legitimate overt or covert policing activities
‑ can be an individual, a business or any other entity
‑ may have no connection to the identity/name of any Police employee
s.6(c) OIA
‑ is only utilised for the specific objectives of its deployment.
Registration
s.6(c) OIA
s.6(c)
The registration of online personas is essential to ensure national consistency, organisational accountability, protect the safety and
welfare of staff, and to enable national and international deconfliction where appropriate. A database will ensure that existing profiles
can be assessed and deployed operationally for controlled operations, e.g., if it is a member of a specific group of Police interest.
The registration of any online persona deployed for the purpose of online investigations will be conducted prior to any investigative
activity utilising the persona. Registration can be accomplished by contacting the s.6(c) OIA
s.6(c) OIA
Registering officers will become the ‘owner’ of that profile. Owners will be permitted access to their registered profiles in the register
at any time to ensure that they are regularly updated and current.
s.6(c) OIA
Authorisation
A completed online persona registration form must be approved by a supervisor or manager in accordance with the relevant level of
authorisation for each role as outlined in this table. This is in addition to registering the online persona.
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Role
Level of Authorisation
Role 1: Overt Online
Self‐approved
Role 2: Discreet Online
Sergeant,
equivalent or above
Passive Operations
Role 3: Discreet Online
Senior Sergeant,
equivalent or above
Active Operations
Role 4: Discreet Online
Manager of the High Tech Crime Group s.6(c) OIA
or above National
Controlled Operations
Criminal Investigation Group, as well as the National Security Group.
Role 5: Discreet Online
Director National Criminal Investigation Group, or National Security Group.
Advanced Operations
When authorising the deployment of an online persona the authorising officer must consider whether its use is
lawful, reasonable,
proportionate, and necessary in the circumstances. An organisational risk assessment must accompany the registration request.
Supervisors should be aware of how the online persona is being deployed and have oversight of any groups it is in.
s.6(c) OIA
Deconfliction
The potential for anonymity of the internet provides many challenges as law enforcement agencies (LEA) around the world operate in
the online environment to identify, investigate, and prosecute online criminal activities. In order to ensure that LEA are not targeting
each other, there has to be a process to eliminate conflict.
s.6(c) OIA
will have access to all registered online personas and will be the contact point for deconfliction enquiries.
Persona deregistration
In order to maintain an accurate up to date database, it is essential to update personas should they become inactive, compromised, or
retired.
When a profile is deregistered by its owner, it will be assessed by s.6(c) OIA
and consideration will only be given for
reallocation or redeployment once a current organisational risk assessment has been conducted and considered.
Consent takeover of accounts
On occasions it may be assessed that the most effective way to extract online information or evidence is to ‘take over’ the existing
account of a victim, witness or co‐offender.
An account takeover differs from the authority to download an account (for example a Google takeout), and is covered by the ‘Account
takeover policy'. Where an investigative opportunity exists to take over an account, consideration should be taken to engage a
specialist team such as the Covert Online Team (COLT) to undertake a covert online engagement.
A comprehensive risk assessment and appreciation is required to mitigate risk to the victim, witness or co‐offender and Police.
All personas that are adopted by Police under ‘consent’ are to be registered as outlined in this chapter. The profile registration form
will be endorsed ‘consent’ during the registration process.
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Upon completion of the period of consent, it is essential that the profile is retired when no longer required.
Authorisation to assume a victim, witness, or co‐offender’s profile can only be granted by an Inspector or above and a consent form
completed. Both forms titled “CONS OID TMP” and “CONS OID PRM” can be located within Police Forms, within the “HTCG” section.
Personal personas
No personal personas (disused, obsolete, or otherwise) associated with past or current Police employees or associates will be utilised
for any roles outlined in this chapter unless by consent or required by unique operational circumstances.
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Open‐Source Information and Online Practitioner
It is recognised that most intelligence gathering activities and investigations into criminal offences now have an online component to
them. Evidence or information posted on Social Networking sites or other forums can create or direct phases of investigation and
assist with developing target profiles, associates, and attribution.
Police have adopted a framework which defines how information and evidence is identified from online sources and by whom. These
five roles each outline specific expectations and restrictions:
‑ Overt Online
‑ Discreet Online Passive Operations
‑ Discreet Online Active Operations
‑ Discreet Online Controlled Operations
‑ Discreet Online Advanced Operations
Role 1: Overt Online
This role describes the knowledge and skills required to conduct general queries overtly online. The purpose of this role is to facilitate
police activities on the internet.
This role describes the online capabilities required for individuals whose duties require performing activities and engaging online as a
police employee, e.g., public affairs, community policing teams, or prevention initiatives.
An employee performing this role
does not utilise an online persona (assumed identity).
For further instruction on using social media for community engagement and guidance on private use, see ‘Social media policy’.
Role 2: Discreet Online Passive Operations
This role describes the knowledge and skills required to conduct discreet research using the internet.
This is the most common role within Police.
A risk assessment for discreet research will be completed and authorised by a supervisor of at least the rank of Sergeant.
Practitioners will have successfully completed training to
Level 1 of the National Cybercrime Training Programme and will be fully
conversant with legislative and policy guidelines and restrictions.
‑ An employee performing this role may utilise an overt identity if risk of discovery has been assessed as minimal and/or
insignificant.
‑ An employee performing this role may utilise a registered assumed identity if risk of discovery has been assessed as possible
and/or likely.
‑ An employee performing this role remains passive s.6(c) OIA
.
‑ Where utilising an online persona an employee performing this role may be utilising s.6(c) OIA
as outlined in the ‘Equipment’ section of this chapter.
‑ A Discreet Online Researcher s.6(c) OIA
Note: Currently the Level 1 training consists of 4 e‐learning modules available in Success Factors.
Role 3: Discreet Online Active Operations
This role describes the knowledge and skills required to apply online capabilities to investigate crimes and gather intelligence using
registered personas.
A risk assessment for deployment of the registered persona will be completed and authorised by a supervisor of at least the rank of
Senior Sergeant.
Practitioners will have successfully completed the online elements of
Level 1 of the National Cybercrime Training Programme and will
be fully conversant with legislative and policy guidelines and restrictions including the Police instructions mentioned above.
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‑ At the Senior Sergeant’s discretion, an employee performing this role may utilise a registered assumed identity.
‑ An employee performing this role will have s.6(c) OIA
‑ A Discreet Online Persona maintains
s.6(c) OIA
‑ An employee performing this role may be utilising s.6(c) OIA
as
outlined in the ‘Equipment’ section of this chapter.
Role 4: Discreet Online Controlled Operations
This role describes the knowledge and skills required to support and contribute to workgroups in specialised areas, s.6(c) OIA
A risk assessment for deployment of the registered persona will be completed and authorised by the relevant Manager or equivalent.
Practitioners will have successfully completed the online elements of
Level 1 of the National Cybercrime Training Programme and
specific Covert Online Training and will be fully conversant with legislative and policy guidelines and restrictions.
‑ An employee performing this role will utilise a registered assumed identity.
‑ An employee performing this role will have s.6(c) OIA
‑ An employee performing this role will be utilising s.6(c) OIA
as outlined
in the ‘Equipment’ section of this chapter.
‑ The role of Discreet Online Controlled Operationss.6(c) OIA
Role 5: Discreet Online Advanced Operations
This role describes the knowledge and skills required by individuals who are targeting offenders with s.6(c) OIA
.
The Discreet Online Specialist will possess high level skills and knowledge of the investigation intricacies to ensure credibility is
maintained
s.6(c) OIA
A risk assessment for deployment of the registered persona will be completed and authorised by at least the Manager High Tech Crime
Group, NOCG, or National Security.
Practitioners will have successfully completed the online elements of
Level 1 of the National Cybercrime Training Programme and
specific Covert Online Training as well as additional specialist training provided by the Cybercrime Unit. Practitioners will be fully
conversant with legislative and policy guidelines and restrictions.
‑ An employee performing this role will utilise a registered assumed identity.
‑ An employee performing this role will have s.6(c) OIA
‑ An employee performing this role will be utilising s.6(c) OIA
as outlined
in the ‘Equipment’ section of this chapter.
‑ A Discreet Online Specialist s.6(c) OIA
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Equipment
Careful consideration needs to be taken to ensure that the right equipment is being utilised when operating an online persona.
s.6(c) OIA
All non‐attributable systems must be implemented in accordance with guidance from the High Tech Crime Group or the s.6(c) OIA
Accounts on social media and other services
Anyone operating at levels 2‐5 is likely to need to create accounts across a range of services to enable access to required information.
Care should be taken to minimise the risk of attribution of staff activity to the Police. Staff in roles 2‐5 should:
• not use personal devices, email addresses, or phone numbers to register for services.
s.6(c) OIA
• make themselves familiar with the security settings on their account and ensure accounts are secured from public viewing as much
as is practical
s.6(c) OIA
Cellular/mobile phone verification
When registering your online persona with various applications, you may be required to supply a cellular/mobile phone number to
verify or activate the account. You should assess the objectives of the online persona created and evaluate if you wish to supply a non‐
attributable cellular/mobile number to the service.
In exceptional circumstances you may wish to consider the cash purchase and activation of a pay‐as‐you‐go cellular/mobile phone.
Home or personal device
A personal computer system or device must
not be utilised for any roles outline in this chapter.
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Evidence capture
Methodology
It is essential that online information or investigation activity can be recorded, to prove how the information or evidence was obtained.
Methods of documenting online investigative processes can include, but is not limited to:
‑ comprehensive notebook entries
‑ screen prints
‑ photographing or videoing the screen interactions
‑ third‐party software designed to capture data.
At a minimum, any capture should record the individual’s QID, date, time, URL, and file name of the capture. Snipping part of a page
without recording the other data limits the future use of the capture in an evidential capacity, even if the initial capture is for
intelligence purposes.
Advice should be sought from the Cybercrime Unit regarding evidence capture methods.
Social Networking chapter
It may be possible to recover information or evidence of your interaction retrospectively. Refer to the ‘Social Networking Guide’ for
further information. Note, that the Guide is always being updated as new providers are identified or responses to requests change.
Disclosure
For prosecutions, Police must comply with the Criminal Disclosure Act 2008. It is essential that a detailed record of any online activities
is fully documented so that obligations under the Act can be met.
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Organisational risk
Although some risk‐taking is inevitable in the execution and pursuit of our objectives, being risk aware means that we not only actively
manage potential problems, but also identify potential opportunities. To manage risk, we need to identify and evaluate the risks we
face as an organisation and identify the controls needed to mitigate these risks.
Reducing organisational risk
Organisational risk is reduced when Police employees follow the key operating principles in this chapter.
Disclosure of online investigations methodology
Every effort should be implemented to safeguard the disclosure of Police methodology and techniques when conducting online
investigations.
s.6(c) OIA
The disclosure of a Police persona and its use in a covert operation is likely to cause significant media attention and may impact on the
organisation’s reputation.
s.6(c) OIA
Legislation
As Police utilise the internet as a source of information and evidence it needs to comply with New Zealand Legislation. The New
Zealand Bill of Rights Act 1990, the Privacy Act 2020, the Crimes Act 1961 and the Search and Surveillance Act 2012 all have sections
that limit what Police can lawfully do.
There is a fine line between what is in the public domain and what is not, and therefore Police need to mitigate any organisational risk
by evaluating legislative implications and ethical obligations.
Police may be required to justify that their actions were lawful, ethical, reasonable, consistent, and proportionate to operational
requirements.
Some activities may require a search warrant. Early liaison with Police Legal Services is recommended where there are concerns that
the information may not be considered to be in the public domain.
Committing offences
Current legislation does not permit Police to commit any offence for the purpose of progressing with an investigation other than
outlined in the Misuse of Drugs Act 1975, relating to the protection of undercover officers.
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