ACLU-NJ Probes FBI Mapping Based on Ethnicity

July 27, 2010

NEWARK - The American Civil Liberties Union of New Jersey today filed a Freedom of Information Act request with New Jersey's FBI field offices asking for records regarding the agency's collection of racial and ethnic data in local communities. Joining 31 other ACLU affiliates nationally, the ACLU-NJ seeks more details concerning the FBI's authority as described in the 2008 FBI operations guide to map businesses, behaviors, lifestyles and traditions considered "ethnic-oriented."

"The potential abuse that could stem from the FBI's mapping of America by race demonstrates exactly why transparency is so crucial to a democracy," said ACLU-NJ Executive Director Deborah Jacobs. "The public has a right to know what kinds of information the government gathers about ordinary Americans, and the public has a right to know how that information will be used."

The FBI's 2008 Domestic Intelligence and Operations Guide (DIOG) refers to agents' power to collect, use, and map racial and ethnic data to assist its "domain awareness" and "intelligence analysis" activities. The DIOG, first released with heavy redaction in September 2009, was released with fewer redactions this January in response to a lawsuit filed by Muslim Advocates. Still, the public has little access to information about the FBI's implementation of this authority.

"The FBI's mapping of local communities based on race and ethnicity, as well the ability to target investigations 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 based on the ethnic makeup of the people who live there for law enforcement or domestic intelligence is unfair, un-American and unable to stop crime."

In addition to New Jersey, FOIA requests for the same kinds of information were also filed in Alabama, Arkansas, California, Colorado, Connecticut, Washington, DC, Delaware, Florida, Georgia, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New York, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont and Virginia.

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