What about Those Other FBI Fishing Expeditions?

Charlie Savage’s story on the FBI’s Domestic Investigations and Operations Guide is a superb follow-up on my questions from yesterday, in which I asked what had happened to the people seemingly targeted through the Najibullah Zazi investigation.

Savage describes how the FBI’s recently revised standards (dated December 16, 2008!!) for investigation have been expanded to allow FBI agents to conduct what are effectively fishing expeditions.

The F.B.I.’s interpretation of those rules was recently made public when it released, in response to a Freedom of Information lawsuit, its “Domestic Investigations and Operations Guide.” The disclosure of the manual has opened the widest window yet onto how agents have been given greater power in the post-Sept. 11 era.

In seeking the revised rules, the bureau said it needed greater flexibility to hunt for would-be terrorists inside the United States. But the manual’s details have alarmed privacy advocates.

One section lays out a low threshold to start investigating a person or group as a potential security threat. Another allows agents to use ethnicity or religion as a factor — as long as it is not the only one — when selecting subjects for scrutiny.

“It raises fundamental questions about whether a domestic intelligence agency can protect civil liberties if they feel they have a right to collect broad personal information about people they don’t even suspect of wrongdoing,” said Mike German, a former F.B.I. agent who now works for the American Civil Liberties Union.

Taking these guidelines, along with the knowledge that the FBI is using Section 215 of the PATRIOT Act to profile people based on their purchase of certain hair care products, and you’ve got investigations into people who have nothing to do with terrorism.

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13 replies
  1. JohnnyTable70 says:

    Are they starting an investigation into that Middle Easterner buying up hair products who goes by the alias of Vidal Sassoon?

  2. Jim White says:

    Another snip from the article:

    But Valerie Caproni, the F.B.I.’s general counsel, said the bureau has adequate safeguards to protect civil liberties as it looks for people who could pose a threat.

    “Those who say the F.B.I. should not collect information on a person or group unless there is a specific reason to suspect that the target is up to no good seriously miss the mark,” Ms. Caproni said. “The F.B.I. has been told that we need to determine who poses a threat to the national security — not simply to investigate persons who have come onto our radar screen.”

    Emphasis added.

    I’d like to know who “told” them that.

  3. behindthefall says:

    “Proactive Law Enforcement” It’s probably a fad. Got its own seminars ‘n’ everything.

  4. BoxTurtle says:

    I trying to figure out under these rules, whom the FBI COULDN’T fish for.

    Anybody who buys gasoline or heating oil. Anybody who uses a library. Anybody who uses wiki.

    Try to imagine the life you’d have to lead for the constitution to protect you from the FBI. You can’t lock yourself in your home, as the angry loner is a well known risk. You can’t buy nasal spray, rubbing alcohol, or peroxide. You have to be very careful what you watch on TV, as Directtv/dish can know what you’re watching any time the FBI asks. Do they track all people who DON’T watch 24?

    Boxturtle (And they can do it all without a warrant!)

  5. bmaz says:

    Personally, I find all of this SHOCKING!

    I thought we haz Constitutional scholar as President; where did all that scholarliness go to? Maybe all that scholarly goodness never extended all the way to Amendment Number Four (must be why he ain’t much on the 6th and 8th Amendments either)…..

  6. Hmmm says:

    Hey, here’s an idea: How’s about we get a law done that makes it a criminal offense to introduce legislation that would have the effect of criminalizing pre-crime?

  7. fuckno says:

    We know well that the war on terror, and other such dire national security needs are as nothing to the insecurity heaped upon us by Wall Street and ball busting costs of Healthcare.

    So, what is this shit all about, really? What is the government afraid of, really?

    Could it be the rabble?

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