-Caveat Lector-

http://www.sunspot.net/bal-te.fbi21nov21.story

Surveillance tactics used by FBI remain 'mysterious,' 'quiet'
Court decision allows U.S. to employ agency to track more cases


Associated Press
Originally published November 21, 2002


WASHINGTON - They have broken into homes, offices, hotel rooms and
automobiles. Copied private computer files. Installed hidden cameras.
Listened with microphones in one couple's bedroom for more than a year.
Rummaged through luggage. Eavesdropped on telephone conversations.
It's the FBI, operating with permission from a secretive U.S. court in a
high-stakes effort pitting the nation's premier law enforcement agency
against the world's spies and terrorists.

Most Americans never see this side of the FBI.

"The average citizen has no idea whether information about them might be
caught up in one of these investigations," said David Sobel of the
Washington-based Electronic Privacy Information Center, an expert on this
type of surveillance.

The Foreign Intelligence Surveillance Act - enacted in 1978 and strengthened
after Sept. 11, 2001, by the Patriot Act - gives investigators a potent
arsenal against "agents of a foreign power." The Bush administration this
week won an important court victory affirming its plans to expand these
tactics to more cases.

Besides break-ins, agents have pried into safe deposit boxes, watched from
afar with video cameras and binoculars and intercepted e-mails. They have
planted microphones, computer bugs and other high-tech tracking devices.

"The whole thing is very, very mysterious and quiet," said Plato Cacheris,
the Washington lawyer who represented spies Aldrich Ames and Robert Hanssen.
"There's not a lot that anyone can tell you."

Surveillance is a serious game among the trench-coat set featuring "black
bag" jobs and wiretaps. Their gadgets and the specialized agents who use
them are among the best available.

These tools and the law are "designed to target intelligence officers and
people trained by intelligence officers," said Michael Woods, a former
senior FBI lawyer who coordinated many investigations. Nearly all those
known to have been targeted did not detect what was happening until FBI
agents flashed guns and badges.

The bureau is cautious. Agents never broke into Hanssen's home in the
Washington suburbs because they couldn't find time when his wife or children
weren't there, according to people familiar with the case.

"They're very good at not getting found out," said Nina Ginsberg, a lawyer
in Alexandria, Va., who has represented three people under surveillance.

The FBI watched Therese Marie Squillacote, a Defense Department lawyer, and
her husband for 18 months. Over that time, they broke into their home three
times and planted a microphone in their bedroom to monitor their
conversations, according to court records. She was sentenced in 1999 to
nearly 22 years for attempting to spy for East Germany and Russia with her
husband.

What little is known about these FBI techniques emerges from court records
spread across dozens of cases. But only a fraction of these nearly 1,000
surveillances each year result in public disclosure, so little is known
outside classified circles about how they work.

Convinced that a longtime Defense Department analyst was spying for Cuba,
the FBI sneaked into her apartment in northwest Washington last year to
search her bedroom and make a secret copy of all the files on her aging
laptop.

They went back six weeks later to look around, while other agents secretly
watched her elsewhere. And the FBI rifled through her purse and wallet one
week after that. Their evidence haul: e-mails and codes describing
espionage, a shortwave radio and a prepaid calling card used to send spy
messages over pay phones. Ana Belen Montes pleaded guilty and was sentenced
last month to 25 years in prison.

FBI microphones in another case recorded a murder. Surveillance of suspected
terrorists in St. Louis captured one man fatally stabbing his teen-age
daughter 13 times with a butcher knife while shouting, "Die! Die quickly!"

Stunned FBI agents gave the recording to Missouri prosecutors, who convicted
the man and his wife. The man died of an illness in 1997 on death row.

Sometimes the FBI overreaches. An FBI memo that surfaced last month said
agents in early 2000 illegally videotaped suspects, intercepted e-mails
without court permission and recorded the wrong phone conversations.

In one case, the FBI listened on conversations long after its target gave up
a cell phone and its number was reassigned to an innocent person.

Hanssen, sentenced to life in prison for spying for Russia, insists a
transmitter the FBI tucked inside his 1997 Ford Taurus "chirped" once while
he was driving through a parking garage. Although the FBI denies it, Hanssen
maintains he knew weeks before his arrest that he was being followed.

Copyright © 2002, The Baltimore Sun

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