FBI terrorism investigation guidelines focus on protection

The guidelines will prioritize terrorism protection over civil rights.

By Krissy Tripp

Published Oct. 10, 2008

Recently approved FBI guidelines for investigating terrorism, which will take effect in December, rank protection against terrorism above the importance of civil rights. Although both items appear on the priority list, protection from terrorism is No. 1 while civil rights are listed fifth.

Protection of civil liberties never appears on the list. Although some argue that the two terms are interchangeable, they are defined differently. Rights entitle citizens to certain freedoms or protections while liberties protect citizens from the government.

The new guidelines allow the FBI to examine possible terrorist threats even if they don't have any evidence or accusations against those whom they are investigating. Tactics for such investigations are spelled out and limited both in practices and time.

Political science professor Katharine Floros explained that the new guidelines focus on the practice of investigations.

"The concern," she said, "is that civil liberties won't be protected."

Floros brought up both sides of the argument. Although people want to protect their liberties, even if it means the government has to work harder to gather information, some might be willing to accept less liberty if it means protecting the U.S., she said.

The document gives the FBI the access to fully investigate terrorist issues, but the bureau said it does so while expressing civil liberty protection. A news release stated that the guidelines "prohibit the FBI from investigating, collecting, or maintaining information on United States persons solely for the purpose of monitoring activities protected by the First Amendment."

The guidelines avoid unnecessary intrusion, and they don't consider racial profiling a justifiable excuse for investigation. They also use "threat assessments," Floros said.

"If a group is having an anti-war rally, the FBI could use this as a reason to investigate them," she said. "Rather than receiving a tip of intended violence, they have the right to look into any peaceful demonstration group for motives."

After the Sept. 11 attacks, the FBI has evolved and expanded to further protect the U.S. Its current mission statement expresses its objective "to protect and defend the United States against terrorist and foreign intelligence threats and to enforce the criminal laws of the United States."

The new guidelines are consolidated to replace five existing guidelines that differed depending on the type of investigation. Problems arose when investigations overlapped and guidelines conflicted. The Sept. 11 attacks brought attention to the need for a more coordinated, integrated intelligence agency in order to see threats as a whole instead of separately.