What are the rules governing the use of social media by federal agencies?
Some agencies, such as the FBI, DHS, State Department, and IRS, publish information about rules governing the use of social media in certain situations. Other agencies, such as the ATF, DEA, Postal Service, and Social Security Administration, do not release any information. What is known about their social media use has emerged from media reports, some of which have drawn parliamentary scrutiny. Below, we explain some of what is known about the rules governing the use of social media by the FBI, DHS, and State Department.
FBI: The main document governing the FBI’s social media surveillance practices is the Domestic Investigations and Operations Guide (DIOG), which was last published in edited form in 2016. Under DIOG, FBI agents can review publicly available social media information before launching any form of investigation. . At the lowest investigative stage, called assessment (which requires an “authorized purpose” such as stopping terrorism, but has no factual basis), investigators can collect public real-time communications (such as conversations in public chat rooms). You may also record and work on it. Although you can gain access to private online spaces with informants, you may not be able to record private communications in real time.
Starting with a “preliminary investigation” (which requires “information or allegations” of wrongdoing, but does not require it to be credible), FBI agents use informants to track private online communications in real time. Monitor and record and even use fake social media to prove your identity with the approval of your superiors. While conducting a full investigation (requiring reasonable indications of criminal activity), FBI agents can use all of these methods to conduct wiretaps, including collecting private social media communications. You can also obtain a probable cause warrant.
DIOG restricts the FBI from conducting social media-based investigations. exclusively However, such activities can be a substantial motivating factor. It also requires that the collection of online information about First Amendment-protected activities be related to “authorized investigative purposes” and be as minimally intrusive as is reasonable under the circumstances. However, it is not clear how compliance with these standards will be assessed.
Department of Homeland Security: DHS policies can mix and match legally mandated disclosures, such as privacy impact assessments and data mining reports, with publicly available policy guidelines, but the amount of information available varies. In 2012, DHS mandated that organizations that collect personally identifiable information from social media for “business uses” (excluding intelligence) such as research require a policy for employees engaged in such uses. It announced a policy requiring basic guidelines and training to be implemented and compliance with relevant laws. And privacy rules. It remains unclear whether this policy has been comprehensively implemented for his “operational use” of social media across DHS. However, the Brennan Center obtained through the Freedom of Information Act a number of templates created in accordance with the 2012 policy that explain how DHS components use social media.
In practice, DHS policy is generally permissive. The examples below show how different parts of a department use social media.
- ICE agents monitor social media for a variety of purposes, from gathering situational awareness and criminal intelligence to assisting with investigations. In addition to engaging private companies to monitor social media, ICE officers may also use public social media whenever they determine it is “relevant to the development of an actionable case” and “assist the investigative process.” May collect media data.
- Portions of DHS, including the National Operations Center (NOC) (part of the Office of Operations Coordination and Planning (OPS)), Federal Emergency Management Agency (FEMA), and Customs and Border Protection (CBP), may conduct social media monitoring on a case-by-case basis. using. consciousness. Generally, the purpose is not to “search or collect” personally identifiable information. However, DHS may do so in “extreme circumstances,” such as when serious harm to a person may be imminent or there is a “credible threat.”[] to [DHS] equipment or systems. ” NOC situational awareness activities are not covered by the 2012 policy. Other components that perform situational awareness monitoring may receive exceptions from the broader policy with approval from DHS’s Chief Privacy Officer.
- DHS’s U.S. Citizenship and Immigration Services (USCIS) uses social media to verify the accuracy of materials provided by applicants for immigration benefits, such as applications for refugee status or to become U.S. citizens. , identify fraud and threats to public safety. USCIS has said it only refers to publicly available information, respects account holders’ privacy settings and refrains from direct interaction with subjects, but staff have said that “an overt investigation could lead to a complete investigation.” A fictitious account may be used in certain cases, such as when the ”
- DHS’ Office of Information and Analysis (I&A), as a member of the Intelligence Community, is not covered by the 2012 policy. Instead, it operates under a separate set of guidelines governing the management of information collected about Americans, including social media, pursuant to Executive Order 12,333 issued by the Secretary of Homeland Security and approved by the Attorney General. The agency incorporates social media into the open source intelligence reports it produces for federal, state, and local law enforcement agencies. These reports provide threat alerts, investigative leads, and inquiries. I&A personnel may collect and retain social media information about U.S. citizens and green card holders for as long as they reasonably believe it supports the national or departmental mission. These missions are broadly defined to include addressing homeland security concerns. The information may then be disseminated further if it is believed to be useful to the recipient’s “legal intelligence, counterterrorism, law enforcement, or other homeland security-related functions.”
State Department. The department’s policy regarding social media monitoring for visa processing purposes has not been made public. However, public information has shed some light on the rules that consular officials must follow when using social media to screen visa applicants. For example, consular staff are not allowed to interact with applicants on social media, request passwords or attempt to circumvent privacy settings, and are not allowed to create accounts to view social media information. In such cases, “the contract rules of the consulate must be complied with.” its service or platform provider” (such as Facebook’s real name policy). Additionally, information collected from social media must not be used to deny a visa based on any protected characteristic (race, religion, ethnicity, national origin, political opinion, gender or sexual orientation). yeah. It is to be used only to verify the applicant’s identity and visa eligibility based on criteria set forth in U.S. law.