FC: IRS undercover agents can break laws, pose as priests, reporters

From: Declan McCullagh (declanat_private)
Date: Wed Aug 08 2001 - 20:59:34 PDT

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    Rules for undercover IRS agents pretending to be reporters:
    
    ---
    "Group I approval is required for any operation which involves a
    reasonable expectation of one or more of the following factors... The
    undercover operation will involve an investigation of possible corrupt
    action by a public official, a political candidate, the activities of
    a foreign government, the activities of a religious or political
    organization, or the activities of the news media... An undercover
    employee or cooperating private individual may pose as an attorney,
    physician, clergyman, or member of the news media. For example, an
    agent may pose as an attorney in a setting where he or she purports to
    represent some other identified par perform professional services
    associated with these cover occupations or assume such a cover
    occupation for developing a privileged relationship... A request for
    information will be made by an undercover employee or cooperating
    private individual to a member of the news media concerning any
    individual with whom the newsperson is known to have a professional or
    confidential relationship... Trained undercover and contact agents
    should be provided sufficient time and funds to acquire cover
    documentation in anticipation of specific assignments....
    Violations of criminal statutes by Service personnel are
    prohibited. However, under certain circumstances, investigative
    techniques used by special agents in the performance of their official
    duties which would appear to violate a state or local statute or the
    Code of Conduct, do not actually constitute a violation..."
    ---
    
    In the trial of cypherpunk Jim Bell, we learned a Treasury Department
    undercover agent infiltrated a political party (the Libertarian Party
    of Washington state) and took place in other political activities:
    http://www.politechbot.com/p-01884.html
    
    -Declan
    
    
    ----- Forwarded message from John Young <jyaat_private> -----
    
    From: John Young <jyaat_private>
    Subject: IRS Criminal Investigation Handbook
    To: cypherpunksat_private
    Date: Tue, 07 Aug 2001 19:56:40 -0700
    
    The IRS Criminal Investigation Handbook describes in 95
    chapters the procedures for investigation of crime, preparing
    for trial and a host of other activities including undercover 
    operations and surveillance:
    
      http://cryptome.org/irs-ci/irs-ci.htm
    
    The handbook aptly describes the variety of methodologies
    used in the Bell and Parker cases, in particular covert methods
    used to induce criminal actions for entrapment, as well as
    massaging trial testimony of witnesses and agents.
    
    The chapter on Undercover Operations provides for covertly 
    attending client-attorney sessions; posing as an attorney, 
    physician, clergyman, or member of the news media;
    obtaining through false pretense privileged information from 
    attorneys, physicians, clergy and news media; giving false 
    testimony; putting innocent parties at risk of physical
    violence; carrying out criminal actions; and earn income
    to offset cost of the operations ("churning"):
    
      http://cryptome.org/irs-ci/36211a.html
    
    The chapter on Surveillance and Non-consensual Monitoring
    states:
    
    "It is important to distinguish between investigative techniques 
    used in surveillance activities and certain undercover operations.
    
    The following characteristics apply to surveillance:
    
      The purpose is to observe ongoing activities and individuals.
    
      Interaction with subjects and third parties is usually not initiated.
    
      Conversations are incidental to the surveillance.
    
      Conversations are not monitored or recorded, except as set forth in 
      above.
    
      The special agent has limited cover, used to protect the integrity of 
      the surveillance.
    
      Local special agents are used.
    
      Special agents need not be trained in undercover techniques.
    
    Initiated surveillance activity bears little resemblance to an undercover 
    operation. The following situations indicate the surveillance activity 
    evolved into an undercover operation:
    
      The activity continues for an extended period, and begins to focus 
      on certain individuals.
    
      Reliance on cover identities increase.
    
      Contacts with targets and other individuals are more in-depth.
    
      Agents become participants rather than observers of the activities 
      of interest.
    
    The following characteristics apply to undercover operations:
    
      The purpose is to initiate or participate in activities with identified 
      targets.
    
      Interaction with subjects and third parties is sought.
    
      Undercover agents or other authorized individuals initiate and 
      direct conversations to further the objectives of the operation.
    
      Conversations may be monitored and recorded.
    
      The undercover agent has a documented cover. This cover is 
      used as a basis for contacts with targets or witnesses."
    
      http://cryptome.org/irs-ci/36209a.html
    
    ----- End forwarded message -----
    
    
    
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