Pubdate: Tue, 26 Jul 2011 Source: St. Petersburg Times (FL) Website: http://www.tampabay.com/ Feedback: http://www.sptimes.com/letters/ Copyright: 2011 St. Petersburg Times Details: http://mapinc.org/media/419 LATITUDE FOR THE FBI Rummaging through a garbage can may yield important clues about an individual - from reading habits to monthly bills to telltale signs of drug abuse. The unglamorous technique has long been part of the investigative arsenal for a reason: It gets results. It should come as no surprise, then, that the FBI has given the thumbs-up to trash digs to check the credibility of possible informers - - so long as agents go through only garbage that has been left on the curb. This determination is one of many in a new set of rules the bureau is scheduled to unveil soon to govern the activities of agents in the field. Some civil liberties groups condemn the guidelines as giving agents extraordinary new powers. They note that the bureau would allow polygraph tests for possible confidential witnesses and permit agents to search FBI and commercial databases to mine information about a potential suspect without having to open an investigative file. It is difficult to discern fully the extent of the proposed changes because the new rules are not publicly available. But interviews with a variety of sources familiar with the proposal suggest that the changes are relatively modest and reasonable. Administering a polygraph test to a potential informer saves the bureau from wasting time with a person who may not be reliable. Moreover, the tests are voluntary. Allowing agents to check FBI databases or search outside ones such as LexisNexis before being obligated to open a formal assessment is sensible and could help to confirm the need for a deeper inquiry that requires approval or to shut down crank complaints early. The results of these preliminary searches typically will not be kept on file unless the agent opens a more formal investigation. Agents who abuse searches for personal reasons, such as keeping tabs on an ex, are already subject to disciplinary procedures. Some proposed changes touch on more sensitive matters. One is surreptitious participation in groups including political and religious organizations. Under the guidelines, authorized undercover agents or informers may attend up to five meetings before being subject to more stringent supervision and rules; they would be subject to tougher internal checks if their intentions from the beginning were to formally join the group. Such forays raise concerns about infringement of group members' First Amendment rights. Oversight and transparency are key to ensuring that law enforcement and antiterrorism goals are met without trampling on civil liberties. The bureau should make the new rules public to the extent permitted by law enforcement prerogatives and national security concerns. Congress should keep close tabs on how the new rules are applied. President Barack Obama should expeditiously nominate a new chief for the Justice Department's Office of Inspector General. Strong leadership there is critical to preventing FBI excesses. - --- MAP posted-by: Richard R Smith Jr.