Social media sites can be valuable sources of information for
law enforcement personnel as they fulll their public safety
mission—agency public information ocers may use social
media to interact with the public, detectives may access social
media sites to assist in the identication and apprehension of
criminal subjects, intelligence analysts may utilize social media
resources as they develop intelligence products regarding
emerging criminal activity, and fusion center analysts may use
social media resources to assist in the development of analytic
assessments. To successfully and lawfully harness the power
and value of social media sites, while ensuring that individuals’
and groups’ privacy, civil rights, and civil liberties are protected,
agency leadership should support the development of a policy
within their agency regarding the use of social media sites in criminal intelligence and investigative activity.
3
To assist agencies in drafting a social media policy, the Bureau of Justice Assistance (BJA)—with the support of the Global
Justice Information Sharing Initiative (Global) Advisory Committee (GAC), a Federal Advisory Committee (FAC) to the U.S.
Attorney General on justice-related information sharing, and the Criminal Intelligence Coordinating Council (CICC)—has
developed this resource to provide law enforcement leadership and policymakers with recommendations and issues
to consider related to the use of information obtained from social media sites as a part of criminal intelligence and
investigative activities.
4
It is recommended that all law enforcement leadership support the development of a social media-related policy and
associated procedures (or enhance existing policies) to guide personnel on accessing, viewing, collecting, storing,
retaining, and disseminating (or using) information from social media sites, tools, and resources as a part of their authorized
investigative and criminal intelligence activities.
5
A written policy assists in the protection of the agency and agency
personnel, as well as the individuals and groups in the community. With the advent of the Internet and, specically, social
media sites, the expectation of privacy has changed. Individuals and groups regularly make openly available various
pieces of information of themselves (e.g., photos, relationship links, current locations, dates of birth); while in many
cases this information is public and available to anyone with Internet access, law enforcement personnel should use this
type of information only based upon a valid law enforcement purpose (i.e., consistent with legal authorities and mission
requirements). A policy will assist agency personnel in identifying and understanding their purpose and limitations
regarding the use of information from social media sites, the need to document this purpose, and the importance of
protecting the public from inadvertent or intentional misuse of information obtained from social media sites.
This resource is designed to identify elements that should be considered for inclusion in a social media policy, issues to
consider when developing a policy, and examples of the use of social media as an investigative or intelligence-related tool,
focusing on the protection of privacy, civil rights, and civil liberties of individuals and groups. The tenets identied in this
resource can be used to draft a new policy or enhance existing information and criminal intelligence-related policies.
3 Agency leadership may also incorporate the tenets identied in the paper into existing policies and procedures (such as policies on
criminal intelligence and/or criminal investigations).
4 For purposes of this resource, law enforcement may be broadly dened to include all activities related to crime prevention or reduction
and the enforcement of the criminal law. However, it is important to note that certain law enforcement or criminal justice agencies may be
subject to additional constraints regarding access, use, or disclosure of social media sites and information. For example, prosecutors’ oces must
adhere to constitutional and statutory discovery and ethical standards that would not apply to police agencies. Consequently, nonpolice law
enforcement agencies (such as state attorneys’ oces or other prosecutorial entities) will need to take any unique considerations into account in
developing a social media policy.
5 For the purpose of this document, accessing, viewing, collecting, storing, retaining, and disseminating information obtained from
social media sites, tools, and resources will be referred to as using information obtained from social media sites, tools, and resources.
6 Developing a Policy on the Use of Social Media in Intelligence and Investigative Activities