From Deseret News archives:

New rules for FBI investigations

They're designed to fight national security threats

Published: Saturday, Oct. 4, 2008 12:53 a.m. MDT
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Michael German, policy counsel for the American Civil Liberties Union, said the Justice Department recently revised the rules to make it appear that limits have been imposed on what techniques the FBI can use to investigate demonstrations and civil disorders. He cited language elsewhere in the guidelines that appear to contradict the restrictions, saying there are no limits on the FBI's authority to investigate federal crimes or threats to national security during civil disorders or demonstrations.

Elisebeth Cook, chief of the Justice Department's Office of Legal Policy, said in an interview that several changes were made to accommodate critics' concerns and protect civil rights and liberties.

"To say we're in a brave new world, and the FBI has new ability to investigate without evidence of wrongdoing is misunderstood," she said.

Addressing concerns of racial profiling, Cook said race is only used as one factor in an investigation when it's relevant — such as describing a suspect. The guidelines cannot undercut any constitutional protections, state laws, executive orders or federal policies, Cook said.

Among the changes between a preliminary draft and the final rules:

• Investigations related to civil disorders now have a time limit of 30 days. The investigations are only to determine whether the president needs to use the military.

• The guidelines "cut way back," Cook said, in the types of information that can be collected in cases of civil disorders. Only four techniques will be allowed: checking public records, FBI records, other government records and online sources.

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Any other methods would have to be approved by the attorney general or one of several top deputies who are confirmed by the Senate.

• Language was added to say the FBI "shall" protect speech and practice of religion rights, instead of "should."

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