....The CIA always has been exempt—although by law it isn't supposed to operate inside the United States. The new provision would now extend the same exemption to Pentagon agencies such as the Defense Intelligence Agency—so they can help track terrorists. A report by the Senate Intelligence Committee says the provision would allow military intel agents to "approach potential sources and collect personal information from them" without disclosing they work for the government.

....Among those pushing for the provision, sources say, were officials at northcom, the new Colorado-based command set up by Secretary of Defense Donald Rumsfeld to oversee "homeland defense." Pentagon lawyers insist agents will still be legally barred from domestic "law enforcement." But watchdog groups see a potentially alarming "mission creep." "This... is giving them the authority to spy on Americans," said Kate Martin, director of the Center for National Security Studies, a group frequently critical of the war on terror. "And it's all been done with no public discussion, in the dark of night."