FBI Response to Recent Editorial Regarding DIOG Revisions

The following letter appeared in the July 5, 2011, edition of the New York Times. It was written in response to a recent editorial critical of proposed revisions to the FBI’s Domestic Investigations and Operations Guide (DIOG).

“The purpose of the attorney general guidelines and FBI policy contained in the Domestic Investigations and Operations Guide is to ensure that FBI activities are conducted with respect for the constitutional rights and privacy interests of all Americans. Although an effort is underway to revise the prior version of the guide, contrary to the editorial’s statements, the revision will not provide ‘agents significant new powers.’

The editorial notes that currently, specialized surveillance squads may be used only once during an assessment but that the new guide will allow repeated use. What the editorial does not mention is that surveillance, whether conducted by a specialized squad or a single agent, is tightly controlled during assessments. It can be authorized only for very limited periods of time, and any extension must be separately justified and approved.

The editorial states that the changes to the rules on ‘undisclosed participation’ in an organization will now allow an agent or informant to surreptitiously attend up to five meetings of a group before approval rules are triggered. The ‘five times’ rule is more protective of privacy than the current policy.

In short, the FBI’s operations manual establishes greater overall protections for privacy than the law and Justice Department policy require, and reflect the FBI’s commitment to detecting and disrupting threats while safeguarding civil rights and civil liberties.”

Michael P. Kortan
Assistant Director
Office of Public Affairs