So, at Trump's direction, DHS is treating protecting statutes & identifying demonstrators as a homeland security priority. A few additional thoughts on the intel programs described here. lawfareblog.com/dhs-authorizes…
First, they're supposed to use the "least intrusive collection techniques feasible and sufficient" - publicly available info is listed as not intrusive, so expect a lot of social media monitoring, which DHS is heavily into. See here for details: brennancenter.org/sites/default/…
They're allowed to use physical surveillance, mail covers, and monitoring devices "to the extent permitted by rules." The rules only permit use of devices for counter-intelligence. IDK how these are enforced.
Surveillance is not allowed for "sole purpose" of monitoring 1st Amendment activities. This is literally the formulation you'll find in any number of surveillance guides (including FBI and NYPD). It's VERY easy to get around.
Intel collection isn't bound by one of the familiar standards, probable cause or reasonable suspicion, which have the advantage of linking intel to specific crimes and preventing fishing expeditions. Instead, you need a "reasonable belief" that spying supports the mission.
This strikes me as similar to the FBI standard, which allows intel when there is an authorized purpose. I'm pretty wary of these new fangled stds where there is not a whole lot of understanding as to what they mean.
