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FBI Collecting Information on Citizens Protected by the First Amendment

FBI Storing Information on Activities Protected by the First Amendment, Memos Obtained by ACLU Show
01 December, 2011 – ACLU

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org

NEW YORK – The FBI has been illegally using its community outreach programs to secretly collect and store information about activities protected by the First Amendment for intelligence purposes, according to FBI documents released today by the American Civil Liberties Union.

“The trust that community outreach efforts aim to create is undermined when the FBI exploits these programs to gather intelligence on the very members of the religious and community organizations agents are meeting with,” said Michael German, ACLU senior policy counsel and a former FBI agent. “The FBI should be honest with community organizations about what information is being collected during meetings and purge any improperly collected information.”

FOIA documents showing instances of inappropriate intelligence gathering include:

• San Francisco FBI memos, written in 2007 and 2008 by agents who attended Ramadan Iftar dinners under the guise of the FBI’s mosque outreach program, documenting participants’ names, conversations and presentations. The 2008 memo also recorded participants’ contact information and descriptions of their opinions and associations.
• A 2009 San Jose, Calif. FBI memo describing FBI participation in a career day sponsored by an Assyrian community organization. Agents detailed conversations with three community leaders and members about their opinions, backgrounds and charitable activities.
• A 2007 San Jose, Calif. FBI memo describing a mosque outreach meeting attended by 50 people representing 27 Muslim community and religious organizations, identifying each person by name and organization and analyzing their “demographics.”

“Except under certain special circumstances, the Privacy Act bars the FBI from maintaining records like these describing how Americans exercise their First Amendment rights to freedom of speech and association,” said Nusrat Choudhury, a staff attorney with the ACLU National Security Project. “Congress passed this law to prevent records obtained by the government for one purpose from being used for another reason without a person’s consent, but that is precisely what the FBI has done. …more