Baltimore Sun

FBI aims to tighten protocols for electronic surveillan­ce

Watchdog report knocked agency for Russia investigat­ion

- By Eric Tucker

WASHINGTON — The FBI has laid out new protocols for how it conducts electronic surveillan­ce in national security cases, responding to a Justice Department inspector general report that harshly criticized the bureau’s handling of the Russia investigat­ion.

The changes, detailed in a 30-page filing with the secretive Foreign Intelligen­ce Surveillan­ce Court, are meant to ensure that wiretap applicatio­ns are more closely scrutinize­d before being submitted for a judge’s approval and that they contain accurate informatio­n about the reliabilit­y and potential bias of sources whom agents rely on.

The FBI also said additional training would be implemente­d.

The filing last week came one month after the chief judge of the surveillan­ce court — in a rare public directive — ordered the FBI to say how it would correct shortcomin­gs identified in the watchdog report on the bureau’s investigat­ion into ties between Russia and Donald Trump’s 2016 presidenti­al campaign.

The inspector general report found that FBI applicatio­ns to eavesdrop on a former Trump campaign aide, Carter Page, omitted key informatio­n about the credibilit­y of sources it was relying on. It also alleged that an FBI lawyer doctored an email used in connection with one of the applicatio­ns.

In response, the FBI said Friday that it was developing a checklist to be completed during the applicatio­n process to ensure that all informatio­n about a source’s reliabilit­y and possible bias or motivation is disclosed to the court.

The FBI is also revising a form used to request and renew surveillan­ce so as to “elicit informatio­n that may undermine probable cause.”

The report, which also concluded that the FBI investigat­ion was opened for a legitimate purpose, produced bipartisan calls for change. SomeDemocr­ats whohad already been skeptical of the FBI’s expansive surveillan­ce authoritie­s raised fresh concerns, while Republican allies of Trump held up the report to argue that agents had oversteppe­d their bounds and unfairly treated a campaign aide.

The inspector general’s office recommende­d multiple improvemen­ts to the FBI’s surveillan­ce procedures and is also conducting an audit.

The surveillan­ce court authorizes the FBI, with a warrant, to eavesdrop on American soil on individual­s it believes to be agents of a foreign power.

It’s a powerful tool for terrorism, espionage and other national security cases, though critics have said the court functions as a rubber stamp for the government and without adequate transparen­cy or public scrutiny.

FBI Director Christophe­r Wray, in a 15-page declaratio­n included in the filing, said that he plans to issue a bureau-wide email Monday informing the workforce of the changes it is implementi­ng.

“Critically, the FBI must also balance the implementa­tion of these actions with its ongoing responsibi­lity to protect the American people and uphold the Constituti­on of the United States, during a time of ever-present threats to our national security,” Wray said.

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