Pubdate: Tue, 26 Jul 2011
Source: St. Petersburg Times (FL)
Website: http://www.tampabay.com/
Feedback: http://www.sptimes.com/letters/
Copyright: 2011 St. Petersburg Times
Details: http://mapinc.org/media/419

LATITUDE FOR THE FBI

Rummaging through a garbage can may yield important clues about an 
individual - from reading habits to monthly bills to telltale signs of 
drug abuse. The unglamorous technique has long been part of the 
investigative arsenal for a reason: It gets results.

It should come as no surprise, then, that the FBI has given the 
thumbs-up to trash digs to check the credibility of possible informers 
- - so long as agents go through only garbage that has been left on the 
curb. This determination is one of many in a new set of rules the 
bureau is scheduled to unveil soon to govern the activities of agents 
in the field.

Some civil liberties groups condemn the guidelines as giving agents 
extraordinary new powers. They note that the bureau would allow 
polygraph tests for possible confidential witnesses and permit agents 
to search FBI and commercial databases to mine information about a 
potential suspect without having to open an investigative file.

It is difficult to discern fully the extent of the proposed changes 
because the new rules are not publicly available. But interviews with 
a variety of sources familiar with the proposal suggest that the 
changes are relatively modest and reasonable.

Administering a polygraph test to a potential informer saves the 
bureau from wasting time with a person who may not be reliable. 
Moreover, the tests are voluntary. Allowing agents to check FBI 
databases or search outside ones such as LexisNexis before being 
obligated to open a formal assessment is sensible and could help to 
confirm the need for a deeper inquiry that requires approval or to 
shut down crank complaints early. The results of these preliminary 
searches typically will not be kept on file unless the agent opens a 
more formal investigation. Agents who abuse searches for personal 
reasons, such as keeping tabs on an ex, are already subject to 
disciplinary procedures.

Some proposed changes touch on more sensitive matters. One is 
surreptitious participation in groups including political and 
religious organizations. Under the guidelines, authorized undercover 
agents or informers may attend up to five meetings before being 
subject to more stringent supervision and rules; they would be subject 
to tougher internal checks if their intentions from the beginning were 
to formally join the group.

Such forays raise concerns about infringement of group members' First 
Amendment rights. Oversight and transparency are key to ensuring that 
law enforcement and antiterrorism goals are met without trampling on 
civil liberties. The bureau should make the new rules public to the 
extent permitted by law enforcement prerogatives and national security 
concerns. Congress should keep close tabs on how the new rules are 
applied. President Barack Obama should expeditiously nominate a new 
chief for the Justice Department's Office of Inspector General. Strong 
leadership there is critical to preventing FBI excesses.
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MAP posted-by: Richard R Smith Jr.