united-states fourth-amendment first-amendment journalism undercover
When is it OK for law enforcement/intelligence-gathering agents to go undercover as journalists?
<p>Previously, I had thought there might have been prohibitions against spies and law enforcement officers from going undercover as journalists, e.g. because this puts real journalists in greater danger of being <a href="https://www.theguardian.com/world/2016/sep/20/iran-sentences-us-resident-to-10-years-in-jail-after-spying-claims" rel="nofollow">prosecuted/dealt with as spies</a> and because folks who might otherwise blow a whistle on unethical practices might reasonably expect their press contact to be an undercover agent really seeking to out the person and help ensure the information remained hidden.  </p>

<p>However, the Department of Justice Office of the Inspector General <a href="http://www.usnews.com/news/articles/2016-09-15/fbi-agents-can-pose-as-journalists-inspector-general-says" rel="nofollow">recently ruled that FBI agents may impersonate journalists while conducting undercover investigations</a>.  </p>

<p>According to that linked article, FBI Director James Comey has previously called the practice "lawful and, in a rare case, appropriate."  He claims that the "use of such techniques is subject to close oversight, both internally and by the courts that review our work."</p>

<p><strong>What are the standards</strong> applied in this oversight, in theory or in practice?  Are there known examples of requests that failed even the internal oversight process, or clear differentiators between instances where impersonating a journalist is ruled OK vs. those where it's ruled not OK?  </p>

<p>They are all detailed in the <a href="https://oig.justice.gov/reports/2016/o1607.pdf" rel="nofollow noreferrer">report</a> linked to the news article. relevantly (p.8):</p>
<blockquote>
<p>Undercover Operation involving FBI employees posing as members of the news media</p>
<p>Undercover Review Committee review and Deputy Director approval, after consultation with Deputy Attorney General</p>
</blockquote>
<p>Since the process is internal there is no way of knowing if or how often the requests are refused.</p>
