Recently, several organizations submitted public comments critical of a Department of Justice (DOJ) proposed rule to expand the power of state and local law enforcement agencies to investigate potential criminal activities and report the information to federal agencies. Many noted the proposal is unnecessary for public safety and a threat to free speech and association. DOJ claims the changes are necessary because the existing regulation on criminal investigation does not specifically mention terrorism or "material support thereof."

A March 25 story in the New York Times revealed that the New York City Police Department (NYPD) conducted a covert surveillance program in 14 states, Canada and Europe that collected information on groups planning lawful protests or events at the 2004 Republican National Convention. The information became public as a result of two lawsuits brought against the city by seven of the 1,806 people arrested during the convention. However, the city has asked a federal court to keep detailed records of this surveillance secret, fearing they will be "misinterpreted." The vast scope of the surveillance has become public knowledge at the same time that Congress is investigating Federal Bureau of Investigation (FBI) abuse of Patriot Act powers to collect information.

New documents released to the press in December 2005 show federal agencies have been infiltrating and conducting surveillance on a wide range of nonprofits, in what appears to be a policy of treating lawful dissent as an act of terrorism. An NBC story revealed that the Pentagon has used a program meant to protect U.S. military installations, in order to spy on peace and other groups. In addition, FBI files released as part of a lawsuit filed by the American Civil Liberties Union (ACLU) in December 2005 show investigations of groups concerned with everything from poverty relief to the environment.