WASHINGTON — After a Somali-American teenager from Minneapolis committed a suicide bombing in Africa in October 2008, the Federal Bureau of Investigation began investigating whether a Somali Islamist group had recruited him on United States soil. Instead of collecting information only on people about whom they had a tip or links to the teenager, agents fanned out to scrutinize Somali communities, including in Seattle and Columbus, Ohio. The operation unfolded as the Bush administration was relaxing some domestic intelligence-gathering rules.The F.B.I.’s interpretation of those rules was recently made public when it released, in response to a Freedom of Information lawsuit, its “Domestic Investigations and Operations Guide.”; The disclosure of the manual has opened the widest window yet onto how agents have been given greater power in the post-Sept. 11 era.In seeking the revised rules, the bureau said it needed greater flexibility to hunt for would-be terrorists inside the United States. But the manual’s details have alarmed privacy advocates.One section lays out a low threshold to start investigating a person or group as a potential security threat. Another allows agents to use ethnicity or religion as a factor — as long as it is not the only one — when selecting subjects for scrutiny.“It raises fundamental questions about whether a domestic intelligence agency can protect civil liberties if they feel they have a right to collect broad personal information about people they don’t even suspect of wrongdoing,” said Mike German, a former F.B.I. agent who now works for the American Civil Liberties Union.But Valerie Caproni, the F.B.I.’s general counsel, said the bureau has adequate safeguards to protect civil liberties as it looks for people who could pose a threat.“Those who say the F.B.I. should not collect information on a person or group unless there is a specific reason to suspect that the target is up to no good seriously miss the mark,” Ms. Caproni said. “The F.B.I. has been told that we need to determine who poses a threat to the national security — not simply to investigate persons who have come onto our radar screen.”The manual authorizes agents to open an “assessment” to “proactively” seek information about whether people or organizations are involved in national security threats.
Agents may begin such assessments against a target without a particular factual justification. The basis for such an inquiry “cannot be arbitrary or groundless speculation,” the manual says, but the standard is “difficult to define.”Assessments permit agents to use potentially intrusive techniques, like sending confidential informants to infiltrate organizations and following and photographing targets in public.F.B.I. agents previously had similar powers when looking for potential criminal activity. But until the recent changes, greater justification was required to use the powers in national security investigations because they receive less judicial oversight.
If agents turn up something specific to suggest wrongdoing, they can begin a “preliminary” or “full” investigation and use additional techniques, like wiretapping. But even if agents find nothing, the personal information they collect during assessments can be retained in F.B.I. databases, the manual says. When selecting targets, agents are permitted to consider political speech or religion as one criterion. The manual tells agents not to engage in racial profiling, but it authorizes them to take into account “specific and relevant ethnic behavior” and to “identify locations of concentrated ethnic communities.”Farhana Khera, president of Muslim Advocates, said the F.B.I. was harassing Muslim-Americans by singling them out for scrutiny. Her group was among those that sued the bureau to release the manual.“We have seen even in recent months the revelation of the F.B.I. going into mosques — not where they have a specific reason to believe there is criminal activity, but as ‘agent provocateurs’ who are trying to incite young individuals to join a purported terror plot,” Ms. Khera said. “We think the F.B.I. should be focused on following actual leads rather than putting entire communities under the microscope.”
Ms. Caproni, the F.B.I. lawyer, denied that the bureau engages in racial profiling. She cited the search for signs of the Somali group, Al Shabaab, linked to the Minneapolis teenager to illustrate why the manual allows agents to consider ethnicity when deciding where to look. In that case, the bureau worried that other such teenagers might return from Somalia to carry out domestic operations.2 Next Page »
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