Oregon daily emerald. (Eugene, Or.) 1920-2012, May 31, 2002, Page 4, Image 4

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Justice Department relaxes
surveillance rules for FBI
By Chris Mondics
Knight Ridder Newspapers
WASHINGTON (KRT) — Saying
the nation needs to take more ag
gressive steps to foil terror plots, At
torney General John Ashcroft on
Thursday relaxed decades-old rules
governing surveillance of domestic
religious and political groups.
Ashcroft said the changes were
necessary to stop terrorists before
they act. They are the latest in a series
of new laws and strategies adopted
since the Sept. 11 plane hijackings to
strengthen the hand of the FBI and
other law-enforcement agencies.
“As we have heard recently, FBI
men and women in the field are
frustrated because many of our own
internal restrictions have hampered
our ability to fight terrorism,”
Ashcroft said at a news conference
called to announce the new policy.
“Our philosophy today is not to
wait and sift through the rubble fol
lowing a terrorist attack. Rather, the
FBI must intervene early and inves
tigate aggressively.”
The changes prompted questions
from some, with civil-liberties groups
arguing that the broad expansion of
law-enforcement power was both un
constitutional and unnecessary.
“Under the new Ashcroft guide
lines, the FBI can freely infiltrate
mosques, churches and synagogues
and other houses of worship, listen
in on online chat rooms, and read
message boards even if it has no evi
dence that a crime might be com
mitted,” the American Civil Liber
ties Union said in a statement.
Under the guidelines, FBI agents
are permitted to attend any public
gathering to gather information on
terrorists’ activities. They do not
need, as was the case under the old
rules, evidence that a specific crime
had been committed, nor do they
need advance approval from senior
officials in Washington.
For decades, the Justice Depart
ment had barred law-enforcement of
ficials in most cases from conducting
surveillance on churches, mosques
and political rallies. The department
enacted the rules in the 1970s after
the disclosure that the FBI had placed
the Rev. Dr. Martin Luther King Jr., an
tiwar protest groups and others un
der surveillance as they agitated for
change in U.S. policy.
Now, FBI agents are authorized to
visit public events where they sus
pect persons involved in terrorist
activities might gather to further
criminal plots.
The rules authorize field agents to
launch such investigations on their
own, once they get approval from
their direct supervisors, and to con
duct the probes for up to a year.
The rules also permit the FBI to
launch broad Internet searches for ev
idence of criminal activity without
first obtaining tips or other investiga
tive leads suggesting that a specific
criminal act had been committed.
A Justice Department memo cir
culated to law-enforcement officials
Thursday suggested, for example,
that FBI agents could search the In
ternet for sites related to anthrax or
bomb-making in an effort to gener
ate investigative leads.
Under the old rules, such Internet
searches could be conducted only
in cases where there was evidence
of criminal activity.
Ashcroft stressed that the policy
changes do not affect rules govern
ing wiretaps and other forms of elec
tronic surveillance. Agents will still
be required to furnish specific evi
dence that a crime has been com
mitted before getting approval for
such surveillance.
Peter Rubin, a professor of consti
tutional law at Georgetown Law
Center, said some of the changes ap
pear relatively benign, such as the
decision to authorize broad search
es of publicly available information
on the Internet.
But he said the decision to broad
en agents’ authority to monitor ac
tivities in mosques and churches
and political rallies could impinge
on the rights of worshipers or politi
cal adherents to practice their be
liefs or express their views.
“The devil is in the details,” Ru
bin said.
The move follows intense criti
cism of the FBI for its failure to
react to information obtained
before Sept. 11. In the most dam
aging disclosure to date, the chief
counsel of the Minneapolis FBI
field office, Colleen Rowley, wrote
to FBI Director Robert S. Mueller
accusing officials at headquarters
of deliberately undermining
requests from field agents to move
more aggressively to investigate
Zacarias Moussaoui, the alleged
20th hijacker.
Moussaoui was arrested in
Minnesota on Aug. 16 on immi
gration violations after an
instructor at a flight school where
Moussaoui was enrolled became
suspicious and contacted the FBI.
FBI agents in the Minneapolis
office had asked headquarters for
permission to search the hard
drive on Moussaoui’s personal
computer, but the request was
denied by headquarters lawyers
who asserted that they did not
have enough evidence that
Moussaoui had terrorist links,
despite a report from French offi
cials suggesting an al-Qaida con
nection.
©2002, The Philadelphia Inquirer.
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