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teh freedoms are teh suxor in ameriKa

ridetoofast

scarred, broken and drunk
Mar 31, 2002
2,095
5
crashing at a trail near you...
http://www.reuters.com/article/domesticNews/idUSN1247176820080912
Proposed new FBI rules draw civil liberties worries
Fri Sep 12, 2008 6:17pm EDT

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By James Vicini

WASHINGTON (Reuters) - The U.S. Justice Department unveiled proposed new rules on Friday for FBI investigations, changes a civil liberties group criticized for giving agents powers to investigate Americans without proper suspicion.

In its first major change in years, the Justice Department proposed a consolidated set of guidelines for domestic FBI operations, seeking to apply the same rules for criminal and terrorism cases, and for collecting foreign intelligence.

The guidelines were first adopted in the 1970s following disclosures that the FBI under J. Edgar Hoover had run a widespread domestic surveillance program that spied on civil rights activists and political opponents.

Officials said the new guidelines, which total 45 pages, were still being revised after consultations with Congress and civil liberties groups. The new rules are expected to take effect on October 1.

Justice Department and FBI officials told a news briefing the changes would allow agents in some terrorism cases to use informants, do physical surveillance and conduct interviews without identifying themselves or their true purpose.

They said such techniques currently could be used in ordinary criminal cases, but not for those involving national security, before an investigation has begun.

The American Civil Liberties Union expressed concern the rewritten rules had been drafted in a way to allow the FBI to begin surveillance without factual evidence to back it up.

It said that under the new guidelines, a person's race or ethnic background could be used as a factor in opening an investigation, a move the ACLU believes will institute racial profiling as a matter of policy. ACLU Washington legislative director Caroline Fredrickson said, "Agents will be given unparalleled leeway to investigate Americans without proper suspicion, and that will inevitably result in constitutional violations."

Anthony Romero, the ACLU's executive director, said, "Issuing guidelines that permit racial profiling the day after the 9/11 anniversary and in the midst of a historic presidential campaign is typical Bush administration stagecraft designed to exploit legitimate security concerns for partisan political purposes."

Department officials said the guidelines would not allow an investigation based solely on a person's race or religion. "We are not changing our basic approach when race, religion or ethnicity may be taken into consideration," said one official who declined to be identified.

"The Department of Justice has long been concerned about the use of race or ethnicity in investigations. But it is simply not responsible to say that race may never be taken into account when conducting an investigation," spokesman Brian Roehrkasse said in a statement after the briefing.

i hope BO sticks to his promise of rescinding **** like this as someone posted in another thread
 

ohio

The Fresno Kid
Nov 26, 2001
6,649
26
SF, CA
McCain says we need this to keep Americans safe. If you're not a terrorist, you have nothing to fear.
 

MikeD

Leader and Demogogue of the Ridemonkey Satinists
Oct 26, 2001
11,737
1,820
chez moi
Sounds scary, but is giving agents doing intelligence investigation the same tools they can have (subject to Constitutional standards, mind you) during a criminal investigation really that much of a stretch?

I guess the difference is that a criminal investigation is only instigated by the authorities awareness of a crime that has been committed or is in the process of being committed (conspiracy), whereas intelligence investigation can be (but is not necessarily) pro-active. Hmm.
 

RenegadeRick

98th percentile on my SAT & all I got was this tin
I guess the difference is that a criminal investigation is only instigated by the authorities awareness of a crime that has been committed or is in the process of being committed (conspiracy), whereas intelligence investigation can be (but is not necessarily) pro-active. Hmm.
That is a pretty important difference.
 

MikeD

Leader and Demogogue of the Ridemonkey Satinists
Oct 26, 2001
11,737
1,820
chez moi
Insasmuch as gathering intelligence for a foreign power or entering a terrorist conspiracy is also [most likely] a crime, it's not such a gulf as you might desire for rhetorical purposes.

"Proper suspicion" is also a pretty funny term for the ACLU to invent, as it is not legally defined, like, say "probable cause" or "reasonable suspicion" (which they appear to have fused together with their passionate arc-weld of legal zeal...)