As of June 13, 2011, the FBI has rewritten its own rulebook, granting itself higher powers for investigative and intelligence gathering purposes. Many privacy activists insist the agency has gone way too far in its quest to deter and/or catch terrorists and criminals.
Some of the new guidelines include:
Undocumented database searches – Agents no longer need to officially open “assessment inquiries.” They can just search any and all databases and collect personal information without discretion. Issues with this include using this information for personal use as well as misconstruing the data collected to fit a criminal profile.
Lie-detector tests – no longer just used on suspects under an open "preliminary investigation assessment" for those suspected of wrongdoing. It is now open to potential FBI informants in an investigation that is considered an assessment, regardless of suspected wrongdoing.
Trash searches – Agents are now authorized, like police officers, to search trash cans in front of a suspect’s (or anyone’s) residence provided it is on public property for assessment and because agents want the ability to use the information collected to put pressure on the person to assist the government in the investigation of others. An issue with this is collecting information from one neighbor to spy on another neighbor.
Surveillance squads – Agents are now authorized to use multiple squads in an assessment of a suspect, but places limits on time on physical surveillance.
"Undisclosed participation" in organizations – Special rules governing agents' and informants' attendance of meetings and secret involvement in organizations in which they are collecting information haven't been made public as of yet, though the new rules do state that agents or informants can unreservedly attend five meetings of an organization in question before the undisclosed rules apply. Meaning, the new person you see at church could be an FBI agent.
Authorizing informants at religious ceremonies – "Currently, a special agent in charge of a field office can delegate the authority to approve sending an informant to a religious service. The new manual will require such officials to handle those decisions personally." This, to many, is an infringement on the separation of church and state and a violation of the Establishment clause of the First Amendment.
Investigating public officials – Now, agents can perform investigations into public officials, if the official in question is a victim or a witness as opposed to a target of an investigation, the additional oversight won't be called for. "Also excluded from extra supervision will be investigations of low- and midlevel officials for activities unrelated to their position — like drug cases as opposed to corruption, for example."
Investigating scholars and members of the news media – Agents are now authorized to make a distinction between bloggers as members of the press: "Prominent bloggers would count, but not people who have low-profile blogs," but the details of the distinctions are unknown. Also a newly-allowed guideline is to "limit academic protections only to scholars who work for institutions based in the United States." The issue here is that those American institutions out of the U.S. are without this limitation and are subject to federal investigation. This monitoring of the media can also be construed as an infringement on the First Amendment’s freedom of press.
The government is becoming too big. We are too secure for our own good. The power needs to be given back to individual states. One agency, like the FBI, should not have omnipotent power to do whatever IT deems necessary to put an end to anything. Those persons and institutions that disregard the Constitution and the rights and protections it instills and shields should be removed from government function!
