Put bluntly, it is a mistake of constitutional dimension to gather information for a criminal intelligence file where there is no reasonable suspicion'' that a crime has been or will be committed, Lockyer's guideline says.

If California's investigators follow that guideline, they will be using a different rulebook than the FBI. Federal officials rewrote their guidelines in May 2002 at the behest of Attorney General Ashcroft in reaction to the terrorist attacks of Sept. 11, 2001. FBI agents were told that "for the purpose of detecting or preventing terrorist activities, the FBI is authorized to visit any place and attend any event that is open to the public, on the same terms and conditions as members of the public generally."

Even civil liberties groups are pleased with Lockyer's new guidelines:

Civil libertarians welcomed Lockyer's guidelines. Jim Dempsey of the Center for Democracy and Technology said other states would be wise to follow Lockyer's lead, for philosophical and practical reasons. "What the attorney general is doing is very positive, both from a civil liberties standpoint and a counterterrorism standpoint," he said. "He's saying he wants California police to be focused, to prioritize," rather than "going off on fishing expeditions."

We hope this good deed by Lockyer doesn't get overshadowed by his acknowledgment today that he voted for Arnold....Lockyer is often mentioned as a possible Democratic gubernatorial candidate in 2006.

Update: Ezra Klein at Not Geniuses thinks Lockyer has a master plan, and says it's a good one.