FBI Director Justifies Agency's Impersonation of Media

By Jeralyn, Section Crime Policy
Posted on Fri Nov 07, 2014 at 01:13:34 PM EST
Tags: FBI, impersonation, James Comey (all tags)

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A few weeks ago I wrote about the DEA and FBI recently catching flak for some of its deceitful investigation techniques. One instance was the FBI's remote installation of spyware on the computer of a teen suspected of making bomb threats to his school in 2007. The purpose was to track the location of the teen and his computer. To pull it off, the FBI wrote a fake AP news article about the suspect and sent it to his my space account. When the teen clicked on it, the spyware was unleashed, allowing the FBI to locate his computer and get a search warrant for his house. The teen confessed and ultimately pleaded guilty. The matter came to light as the result of a reporter's FOIA Request.
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Another instance, much more recent, involves the FBI causing an internet blackout at some hotel villas in Las Vegas so agents could then pose as repairmen and enter the suites without a warrant to search for evidence in a gambling investigation.

The New York Times criticized the techniques in an editorial, Deceptions of the FBI, and FBI Director James Comey has now responded, justifying the FBI's actions. Shorter version: Of course we lie and impersonate people.

Interestingly, on the bomb threat case, Comey writes:

That technique was proper and appropriate under Justice Department and F.B.I. guidelines at the time. Today, the use of such an unusual technique would probably require higher level approvals than in 2007, but it would still be lawful and, in a rare case, appropriate.

Isn't that an admission that in all but rare cases, the FBI's actions are inappropriate?

Also, his comment that today, "higher level approvals" would be needed, seems to be a reference to approval at higher agency levels, not judicial approval. In the bomb threat case, the FBI obtained an