"Georgia residents deserve to know about a race-based domestic intelligence program with such troubling implications for civil liberties," said Azadeh Shahshahani, National Security/Immigrants' Rights Project Director with the ACLU of Georgia. "We hope that the Freedom of Information Act request filed today will bring to light the extent of the FBI's racial data gathering and mapping practices and whether the agency is abusing its authority."
The FBI's power to collect, use, and map racial and ethnic data in order to assist the FBI's "domain awareness" and "intelligence analysis" activities is described in the 2008 FBI Domestic Intelligence and Operations Guide (DIOG). The FBI released the DIOG in heavily redacted form in September 2009, but a less-censored version was not made public until January of this year, in response to a lawsuit filed by Muslim Advocates. Although the DIOG has been in effect for more than a year and a half, very little information is available to the public about how the FBI has implemented this authority.
"The FBI's mapping of local communities and businesses based on race and ethnicity, as well as its ability to target communities for investigation based on supposed racial and ethnic behaviors, raises serious civil liberties concerns," said Michael German, ACLU policy counsel and former FBI agent. "Creating a profile of a neighborhood for criminal law enforcement or domestic intelligence purposes based on the ethnic makeup of the people who live there or the types of businesses they run is unfair, un-American, and will certainly not help stop crime."
ACLU affiliate offices across the country today filed coordinated Freedom of Information Act requests to uncover records about the FBI's collection and use of racial and ethnicity data from their local FBI field offices. In addition to the ACLU of Georgia, the requests were filed by ACLU affiliates in Alabama, Arkansas, California (Northern, Southern and San Diego), Colorado, Connecticut, Washington, D.C., Delaware, Florida, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont and Virginia.
The DIOG provisions in question are available online at:
www.muslimadvocates.org/DIOGs_Chapter4.pdf