1. Use of least intrusive means
The President has directed that the Intelligence Community “shall use the least intrusive collection techniques feasible within the United States or directed against United States persons abroad.”[1] The Intelligence Community includes the intelligence elements of the FBI. The AGG-Dom implements this provision and observes that:
The conduct of investigations and other activities … may present choices between the use of different investigative methods that are each operationally sound and effective, but that are more or less intrusive, considering such factors as the effect on the privacy and civil liberties of individuals and potential damage to reputation.[2]
There is additional discussion of requirements for a “sensitive investigative matter” or “SIM,” principally in the DIOG. One category of SIM is a matter involving a political candidate or a “domestic political organization or individual prominent in such an organization.”[3] The definition of a SIM also includes “any other matter which, in the judgment of the official authorizing an investigation, should be brought to the attention of FBI Headquarters and other Department of Justice officials.”[4] It goes on to explain:
- In a SIM, “particular care should be taken when considering whether the planned course of action is the least intrusive method if reasonable based on the circumstances of the investigation.”[5]
- ↑ Executive Order 12333 § 2.4 (Dec. 4, 1981).
- ↑ AGG-Dom § I.C.2.a.
- ↑ DIOG § 10.1.2.1; see also AGG-Dom § VII.N.
- ↑ AGG-Dom § VII.N. The DIOG says that, “[a]s a matter of FBI policy, ‘judgment’ means that the decision of the authorizing official is discretionary.” DIOG § 10.1.2.1. For preliminary or full investigations involving SIMs, there are notice requirements:
An FBI field office shall notify FBI Headquarters and the United States Attorney or other appropriate Department of Justice official of the initiation by the field office of a predicated investigation involving a sensitive investigative matter. If the investigation is initiated by FBI Headquarters, FBI Headquarters shall notify the United States Attorney or other appropriate Department of Justice official of the initiation of such an investigation. If the investigation concerns a threat to the national security, an official of the National Security Division must be notified. The notice shall identify all sensitive investigative matters involved in the investigation.
AGG-Dom § II.B.5.
- ↑ DIOG § 10.1.3.
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