A story from Associated Press:
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In a new set of guidelines about police surveillance, law officers around California are being told not to attend political, religious, social or educational meetings unless they have reason to believe a crime is planned or has happened.
The guidelines -- part of a legal handbook obtained by The Associated Press -- were written by California Attorney General Bill Lockyer and his staff after public outcry over increased surveillance.
"This reemphasizes the balance between security and the right of privacy in California," said Special Assistant Attorney General Scott Thorpe.
But the guidelines directly contradict federal Justice Department rules issued after the Sept. 11 attacks that allow FBI agents to monitor public meetings without identifying themselves.
Law enforcement agencies in California have engaged in similar practices since Sept. 11, pretending to be members of peace groups, issuing terror warnings about anti-war marches and gathering intelligence files on political groups, according to an analysis by the AP.
It is not immediately clear what effect the new rules would have on such activities, although it appears the guidelines could change surveillance policies for some law enforcement agencies.
American Civil Liberties Union attorney Mark Schlosberg said the rules are "an important step." But he is concerned police will not understand the nuances, and said a simple list, written for the public and police officers, rather than lawyers, is still needed to make sure law enforcement in California comply with state law.
"It's heartening to know that in California the attorney general has committed to protecting our privacy rights," he said.
Specifically, the state guidelines say police can only conduct surveillance on groups that have a known criminal goal or a history of criminal conduct.
"Put bluntly, it is a mistake of constitutional dimension to gather information for a criminal intelligence file where there is no reasonable suspicion of the existence of a criminal predicate," according to the guidelines.
This contradicts Attorney General John Ashcroft's decision in May 2002 that freed the FBI to monitor public meetings of political, social, religious and educational organizations. Ashcroft called prior federal restrictions on domestic surveillance "a competitive advantage for terrorists."
U.S. Justice Department spokesman Mark Corallo said Friday that California law officers _ even those serving on FBI task forces _ need to follow state rules.
"We think it's totally appropriate for the FBI to attend public events, just like any other member of the public," he said. "But state and local law enforcement set their own guidelines for conduct, and they should follow them."
The new guidelines would have applied to at least one recent investigation in California.
In Fresno, members of Peace Fresno were shocked to learn that a man who had been coming to their meetings was actually undercover sheriff's detective Aaron Kilner. They realized the infiltration after Kilner died in an off-duty motorcycle accident Aug. 30 and his photograph appeared in a local newspaper.
Sheriff Richard Pierce said Peace Fresno "was not and is not the subject of any investigation by the Fresno County Sheriff's Department." However, he has defended his department's legal right to send undercover officers to community meetings.
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Because USA-PATRIOT is so generally offensive, many of Ashcroft's other follies make it under the radar, including the above-mentioned decision by Ashcroft that the F.B.I. should be empowered to engage in all manner of new snooping (here and here) (an assertion so ridiculous given the F.B.I.'s history of abuse of citizens that Director Mueller was quick to release a "clarifying" press statement immediately after AG Ashcroft's announcement. It's always nice to see state governments backlashing against this Fascist bastard.
Phaedrus
<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>
In a new set of guidelines about police surveillance, law officers around California are being told not to attend political, religious, social or educational meetings unless they have reason to believe a crime is planned or has happened.
The guidelines -- part of a legal handbook obtained by The Associated Press -- were written by California Attorney General Bill Lockyer and his staff after public outcry over increased surveillance.
"This reemphasizes the balance between security and the right of privacy in California," said Special Assistant Attorney General Scott Thorpe.
But the guidelines directly contradict federal Justice Department rules issued after the Sept. 11 attacks that allow FBI agents to monitor public meetings without identifying themselves.
Law enforcement agencies in California have engaged in similar practices since Sept. 11, pretending to be members of peace groups, issuing terror warnings about anti-war marches and gathering intelligence files on political groups, according to an analysis by the AP.
It is not immediately clear what effect the new rules would have on such activities, although it appears the guidelines could change surveillance policies for some law enforcement agencies.
American Civil Liberties Union attorney Mark Schlosberg said the rules are "an important step." But he is concerned police will not understand the nuances, and said a simple list, written for the public and police officers, rather than lawyers, is still needed to make sure law enforcement in California comply with state law.
"It's heartening to know that in California the attorney general has committed to protecting our privacy rights," he said.
Specifically, the state guidelines say police can only conduct surveillance on groups that have a known criminal goal or a history of criminal conduct.
"Put bluntly, it is a mistake of constitutional dimension to gather information for a criminal intelligence file where there is no reasonable suspicion of the existence of a criminal predicate," according to the guidelines.
This contradicts Attorney General John Ashcroft's decision in May 2002 that freed the FBI to monitor public meetings of political, social, religious and educational organizations. Ashcroft called prior federal restrictions on domestic surveillance "a competitive advantage for terrorists."
U.S. Justice Department spokesman Mark Corallo said Friday that California law officers _ even those serving on FBI task forces _ need to follow state rules.
"We think it's totally appropriate for the FBI to attend public events, just like any other member of the public," he said. "But state and local law enforcement set their own guidelines for conduct, and they should follow them."
The new guidelines would have applied to at least one recent investigation in California.
In Fresno, members of Peace Fresno were shocked to learn that a man who had been coming to their meetings was actually undercover sheriff's detective Aaron Kilner. They realized the infiltration after Kilner died in an off-duty motorcycle accident Aug. 30 and his photograph appeared in a local newspaper.
Sheriff Richard Pierce said Peace Fresno "was not and is not the subject of any investigation by the Fresno County Sheriff's Department." However, he has defended his department's legal right to send undercover officers to community meetings.
<HR></BLOCKQUOTE>
Because USA-PATRIOT is so generally offensive, many of Ashcroft's other follies make it under the radar, including the above-mentioned decision by Ashcroft that the F.B.I. should be empowered to engage in all manner of new snooping (here and here) (an assertion so ridiculous given the F.B.I.'s history of abuse of citizens that Director Mueller was quick to release a "clarifying" press statement immediately after AG Ashcroft's announcement. It's always nice to see state governments backlashing against this Fascist bastard.
Phaedrus
