LATITUDE FOR THE FBI

Rummaging through a garbage can may yield important clues about an
individual - from reading habits to monthly bills to telltale signs of
drug abuse. The unglamorous technique has long been part of the
investigative arsenal for a reason: It gets results.

It should come as no surprise, then, that the FBI has given the
thumbs-up to trash digs to check the credibility of possible informers
- - so long as agents go through only garbage that has been left on the
curb. This determination is one of many in a new set of rules the
bureau is scheduled to unveil soon to govern the activities of agents
in the field.

Some civil liberties groups condemn the guidelines as giving agents
extraordinary new powers. They note that the bureau would allow
polygraph tests for possible confidential witnesses and permit agents
to search FBI and commercial databases to mine information about a
potential suspect without having to open an investigative file.

It is difficult to discern fully the extent of the proposed changes
because the new rules are not publicly available. But interviews with
a variety of sources familiar with the proposal suggest that the
changes are relatively modest and reasonable.

Administering a polygraph test to a potential informer saves the
bureau from wasting time with a person who may not be reliable.
Moreover, the tests are voluntary. Allowing agents to check FBI
databases or search outside ones such as LexisNexis before being
obligated to open a formal assessment is sensible and could help to
confirm the need for a deeper inquiry that requires approval or to
shut down crank complaints early. The results of these preliminary
searches typically will not be kept on file unless the agent opens a
more formal investigation. Agents who abuse searches for personal
reasons, such as keeping tabs on an ex, are already subject to
disciplinary procedures.

Some proposed changes touch on more sensitive matters. One is
surreptitious participation in groups including political and
religious organizations. Under the guidelines, authorized undercover
agents or informers may attend up to five meetings before being
subject to more stringent supervision and rules; they would be subject
to tougher internal checks if their intentions from the beginning were
to formally join the group.

Such forays raise concerns about infringement of group members' First
Amendment rights. Oversight and transparency are key to ensuring that
law enforcement and antiterrorism goals are met without trampling on
civil liberties. The bureau should make the new rules public to the
extent permitted by law enforcement prerogatives and national security
concerns. Congress should keep close tabs on how the new rules are
applied. President Barack Obama should expeditiously nominate a new
chief for the Justice Department's Office of Inspector General. Strong
leadership there is critical to preventing FBI excesses.