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In response to congressional concerns due to recent terrorist and cybercrime events, the FBI plans to implement changes in its structure and management. The goals behind these changes are lofty and laudable, and will hopefully enable the FBI to successfully combat terrorist activity and cybercrimes. FBI GOALS FBI Director Robert Mueller’s stated goals behind the proposed reorganization of the FBI are: – prevention of terrorism, and when that is not possible, investigation and response with respect to acts of terrorism; – prevention of cybercrime and high-tech and intellectual property crime; – countering foreign intelligence activities and investigating acts of espionage; – detection and dismantling of transnational and national criminal enterprises; – investigation of serious federal crimes. As part of these goals, the FBI will strive t 1) improve relations and intelligence sharing with law enforcement, the intelligence community and international partners; 2) exploit technology to do its job better; 3) train and develop its workforce; 4) modernize and repair its “eroding” information technology and administrative infrastructure; and 5) better avail itself of expertise from other agencies, academia and the private community. THE PLAN To accomplish these goals, FBI Director Mueller is creating a plan to deal with management and organizational challenges facing the FBI. The plan seeks to update and refocus the FBI’s Strategic Plan, reorganize FBI Headquarters, modernize the FBI’s information technology infrastructure, reallocate and retrain FBI personnel and restructure field offices. The proposed restructuring of FBI Headquarters is the first part of this plan. The reorganization of FBI Headquarters will take place in two phases. Phase 1 will address the upper levels of Headquarters, and will target “management shortcomings” by establishing four major branches, creating two new divisions, establishing four new offices and realigning the current Headquarters structure within the new framework. After Phase 1, the FBI will propose changes in the remaining Headquarters structure to eliminate “duplication and redundancies, consolidate functions, and realign resources to more effectively meet the FBI’s priorities.” A Phase 2 reorganization plan will then be proposed dealing with changes at the divisional and offices levels of FBI Headquarters. Concurrently, FBI Director Mueller and his management team will work in the direction of “refocusing the FBI’s mission, enhancing the skill sets of FBI employees, and changing the culture consistent with the fundamental changes being made.” PHASE 1 The significant aspects of the Phase 1 reorganization of FBI Headquarters are: – four new Executive Assistant Directors to oversee counterintelligence and counterterrorism, criminal investigations, investigative coordination and administration; – two new divisions to respond to investigation of computer-related crimes and security; – a proposed Cybercrime Division that would report to the Executive Assistant Director for Criminal Investigations; – a proposed Security Division that would report to the Executive Assistant Director for Administration; – four new offices to address information technology, intelligence, records management, and law enforcement coordination with state and local authorities; – a proposed Office of Law Enforcement Coordination reporting to the Executive Assistant Director for Investigative Coordination; – a Chief Technology Officer who would report directly to the Office of the Director; – an Office of Records Management which would report to the Executive Assistant Director for Administration and which would be responsible for “modernizing” FBI records and other management processes; – an Intelligence Office which would report to the Executive Assistant Director for Counterterrorism/Counterintelligence; – dissolution of the Investigative Services Division. THE END GAME The FBI is trying to get its priorities straight when it comes to terrorism, cybercrime and other issues we face in our complex world. Hopefully, the changes being proposed will not simply create ineffective added bureaucracy, but instead move the ball ahead in preventing and combating the nightmares of the 21st Century. Eric J. Sinrod is a partner in the San Francisco office of Duane Morris, where he focuses on technology and litigation matters. His Web site is sinrodlaw.comand his firm’s site is Duane Morris. Mr. Sinrod may be reached by e-mail at [email protected].

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