The CHIP Network (AUSAs and CCIPS Trial Attorneys) will work together to ensure that computer and intellectual property criminal statutes are vigorously enforced throughout the nation. CHIP Network prosecutors should work with each other and law enforcement agencies to share information and reduce conflicts whenever possible.

To reduce conflicts whenever possible and to ensure best practices in cyber and intellectual-property investigations, the following notices and information sharing should take place:

Deconfliction: CHIP AUSAs, and their law enforcement partners, shall deconflict cyber cases as set forth in JM 9-51.100 and 9-51.101.

CCIPS Investigations—Prior to initiating any activity related to an investigation or prosecution in any district, CCIPS shall notify the CHIP AUSA for that district.

Multi-District Investigations and Nationwide Investigations:

1. • Multi-District Investigations—CHIP AUSAs shall notify CCIPS, and the CHIP AUSAs of the affected districts, of multi-district investigations. “Multi-district investigations” are those in which there is a significant or substantial connectionto more than one district.
   1. • Example: An investigation targeting a group suspected of operating a computer server for the distribution of pirated software would be considered to be multi-district in nature if any of the targets or computer servers are located in more than one district. However, the fact that other individuals may have downloaded the software in another district would not be considered to cause “significant impact” or to result in a “substantial connection” to the district.
   2. • Example:If a hacker were to use an Internet Service Provider in another district or counterfeit goods were transshipped through another district, these are not instances that would have a significant or substantial connection to the other district.
2. • Nationwide Investigations—CHIP AUSAs shall notify CCIPS of nationwide investigations. CCIPS, in turn, shall notify districts in which defendants are located or otherwise have a significant or substantial connection to the case. “Nationwide investigations” are those that will likely have a significant or substantial impact in all or most of the districts in the United States. An example is a creator of a virus that spreads to thousands of computer networks, causing extensive damage in nearly every district. That conduct would be the target of a nationwide investigation. Similarly, a data theft of personal financial information for millions of consumers would be a nationwide investigation.
3. • Resolving Disputes as to Multi-District or Nationwide Investigations—Disputes about who should handle multi-district or nationwide investigations shall be resolved as set forth in JM 9-51.101.
4. • International Investigations—CHIP AUSAs shall notify CCIPS as early as possible in the investigative stage and prior to the charging decision in international investigations. “International investigations” are those in which one or more targets are located in a foreign country. In international investigations with significant foreign targets, CHIP AUSAs should notify CCIPS whether the USAO intends to prosecute and determine whether the foreign jurisdiction will prosecute the target. The factors for determining whether an individual is subject to effective prosecution in another jurisdiction are set forth in JM 9-27.240. Additionally, CCIPS will notify the USAO prior to making any disclosure to foreign law enforcement to preclude an adverse impact on the domestic investigation.
5. • Urgent Reports—CHIP AUSAs should ensure that urgent reports are submitted for matters as set forth inJM 1-13.100 and 9-51.101(4).
6. • Significant Judicial Decisions—CHIP AUSAs should inform CCIPS of significant investigations and prosecutions and any significant judicial decisions issued in such cases. For example, USAOs should send a copy of Urgent Reports (emailed to EOUSA) in cases falling within the CHIP Network’s subject matter responsibility to CCIPS. CCIPS should, in turn, apprise the CHIP Network of significant case events and decisions through its established methods of communication.
7. • Computer Fraud and Abuse Act (CFAA) Charging Consultation—Pursuant toJM 9-48.000, AUSAs shall consult with CCIPS with respect to decisions to charge a case under the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, and observe additional notification and approval requirements as applicable.
8. • Economic Espionage Charging Consultation—Pursuant to JM 9-59.100, CHIP AUSAs shall obtain approval of the Assistant Attorney General for the National Security Division to bring economic-espionage charges under 18 U.S.C. § 1831.
9. • Trade Secret Theft Charging Consultation—Pursuant to JM 9-59.110, CHIP AUSAs are strongly urged to consult with CCIPS before initiating trade secret theft prosecutions under 18 U.S.C. § 1832.
10. • Coordination of CHIP and Consumer Protection Branch Attorneys—Pursuant to JM 4-8.200, upon opening a criminal investigation into violations of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 301 et seq., including for criminal-trademark violations, CHIP AUSAs must notify and consult with DOJ’s Consumer Protection Branch about the matter.
11. • Election Matters: Election Related Consultation—Pursuant toJM 9-85.210, CHIP AUSAs shall consult with the Public Integrity Section (PIN) for any matters involving alleged or suspected corruption of the election process or other similar election crimes, prior to opening any such matter or taking potentially overt investigative action. See also JM 9-85.300. Pursuant to JM 9-85.500, CHIP AUSAs also shall consult with PIN regarding any matters or actions that may have an impact on an election or raise the perception of such an issue.
12. • Coordination of CHIP and NSCS Attorneys—To the extent that the CHIP and NSCS attorney responsibilities are held by different attorneys at a U.S. Attorney’s Office, CHIP and NSCS attorneys should coordinate efforts as identified in JM 9-50.105 and 9-90.040.
13. • National Security Matters: For cases involving international terrorism or domestic terrorism, or affecting, involving, or relating to the national security, JM 9-2.136, 9-2.137,9-90.010, and 9-90.020 set forth notification, consultation, and approval requirements, including those at the opening and investigative stages.

[updated August 2023] [cited in JM 9-50.101; JM 9-50.102]