Trash searchFBI now free to search your trash?

Published 26 July 2011

FBI agents will soon have heightened investigative powers that would allow them to delve more deeply into databases, rummage through an individuals’ trash, or place surveillance teams on suspects; in the upcoming release of the Domestic Investigations and Operations Guide, the FBI’s manual, agents will be given greater leeway in searching for evidence of criminal or terrorist activity

FBI can search this anytime they would like // Source: laweekly.com

FBI agents will soon have heightened investigative powers that would allow them to delve more deeply into databases, rummage through an individuals’ trash, or place surveillance teams on suspects.

In the upcoming release of the Domestic Investigations and Operations Guide, the FBI’s manual, agents will be given greater leeway in searching for evidence of criminal or terrorist activity.

Last month the FBI briefed privacy advocates about the changes, and many objected stating that these policies had the potential of leading to civil liberties violations. Among those briefed, Michael German, a lawyer with the American Civil Liberties Union and a former FBI agent, said he was concerned about the FBI’s decision to give agents’ the ability to use potentially intrusive techniques especially if they lack evidence or reasonable suspicion.

Claiming additional authorities to investigate people only further raises the potential for abuse,” said German.

As evidence he pointed to numerous complaints about the FBI’s surveillance tactics and a 2007 inspector generals’ report which found that the FBI had improperly used “national security letters” to obtain information like people’s phone bills.

Valerie E. Caproni, the FBI’s general counsel, defended the agency’s policies stating that the FBI had fixed any problems relating to national security letters and implemented policies to ensure that it would not happen again.

Caproni went on to say that the FBI had carefully considered the risks and benefits of its policy changes.

The FBI does not need permission to alter its investigative procedures outlined in its manual as long as it conforms to broad guidelines issued by the U.S. attorney general.

Notable changes include adjustments to “assessments,” the agency’s lowest category of investigations. These types of investigations allow agents to “proactively” probe an individual or organization without firm evidence of criminal or terrorist activity.

Under previous rules, agents had to open an inquiry before they were allowed to search through commercial or law enforcement databases, but the new changes will allow them to search these databases without recording their activities.