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Watching You: Article and Bill of Rights
WATCHING YOU



"There is no privacy anymore, ... It has been eroded in so many ways that you can find out almost anything about anybody if you know how to work the computer well enough". Ironically, federal agencies such as the IRS have routinely used privacy legislation to shield evidence of their own misdeeds. Does anyone contemplating today's ubiquitous federal collection of personal data still imagine that political leaders cannot and will not abuse this system for their own ends? As Bernadine Healy wrote, the "Government does a lot of things well, but keeping secrets is not one of them."

By Gary Pearlman




The Systematic Survalliance
of Ordinary Americans

Every breath you take and every move you make. Every bond you break, every step you take, I'll be watching you. Every single day and every word you say, every game you play and every vow you break, I'll be watching you. Every smile you fake, every claim you stake I'll bewatching you. Oh, can't you see You belong to me?
Sting (Song)

"There is no privacy anymore, ... It has been eroded in so many ways that you can find out almost anything about anybody if you know how to work the computer well enough". Ironically, federal agencies such as the IRS have routinely used privacy legislation to shield evidence of their own misdeeds. Does anyone contemplating today's ubiquitous federal collection of personal data still imagine that political leaders cannot and will not abuse this system for their own ends? As Bernadine Healy wrote, the "Government does a lot of things well, but keeping secrets is not one of them."

With government assertion of the power to require businesses to contact the government for approval before hiring anyone, we have been told that it will help in “cracking down on illegal immigration.” With government mandates for private physicians to record what we say to them confidentially, we have been told that it will “reduce health-care fraud,” promote “efficiency,” allow “better emergency treatment,” make it “easier for the patient"” to keep track of his medical records, and the like. With the power to track what public school teachers record concerning our children, we have been told that it will assist in students’ selection of a “career major,” enhance assessment of school courses, and facilitate identification of students needing help. With government assertion of power to require banks to keep microfilm of all the checks we write, we have been told that it is to “reduce white-collar crime” and “inhibit money laundering.” Who could oppose such worthy goals unless he had something to hide?

Imagine further that such a government assigned every citizen a central government identification number at birth and mandated its use in reporting the information just listed. Suppose the same government was actively considering mandatory nationwide use of a "biometric identifier" (such as fingerprints or retinal scans) along with a new counterfeit-proof permanent government identification card incorporating the individual's government-issued number and other personal information, through magnetic strips and embedded computer chips capable of holding up to 1,600 pages of information about the individual. If a contemporary novelist portrayed such a government arising in America, his novel undoubtedly would be regarded as futuristic fiction in the same genre as George Orwell's 1984.

Yet this national portrait is no longer fiction. The model for the foregoing description--a government now wielding exactly those awesome powers over the citizenry--is America's federal government in 2000.

Paul Schwartz has described the U.S. government data collection:

Their target is ordinary American citizens carrying out ordinary day-to-day activities. These include Databases keyed to Social Security numbers, examining unchecked use of those numbers and probing current legislative efforts to establish a national identification card that include;Labor databases, revealing new statutory provisions aimed at building a federal database of all American workers and requiring employers to obtain the central government's approval before hiring employees;

Medical databases, assessing creation of the "unique health identifier"Education databases, revealing federal databases that establish detailed national records of children's educational experiences and socio-economic status; Financial databases, requiring banks and other financial institutions to create permanent, readily retrievable records of each individual's checks, deposits, and other financial activities

Largely linked through an individual's Social Security number, these databases now empower the federal government to obtain an astonishingly detailed portrait of any person: the checks he writes, the types of causes he supports, what he says "privately" to his doctor.federal officials always provide a seemingly appealing reason for such governmental intrusion into our private lives.The reasons have been diverse. With the spread of government-mandated use of Social Security numbers for database after electronic database, we have been told that it will “reduce fraud” -- tax fraud, welfare fraud.

In some cases the database maneuvers were deliberately obscured from public view by means of what Claire Wolfe calls “land-mine legislation” that people don't notice until they step on it. In other cases Americans were encouraged to view new proposals piecemeal that may be “lulling the public into a false sense of security.”As Solveig Singleton and others have reported, “In the U.S., census data were used to find Japanese-Americans and force them into camps,” a historical reality that gives fresh meaning to a 1990 U.S. Census instruction stating “It is as important to get information about people and their houses as it is to count them.”







Linking Personal Records: The National Identification Number

A coordinated government effort now under way to require even greater use of SSNs will further centralize federal monitoring of all American citizens. They are in some casaes so well concealed, the provisions are difficult to spot even when you already know they are there.But make no mistake they are collecting information. "Information" is defined to mean "information about an individual" that "includes, but is not limited to":

Vital statistics; race, sex, or other physical characteristics, earnings information; professional fees paid to an individual and other financial information; benefit data or other claims information; the social security number,
employer identification number, or other individual identifier; address; phone number; medical information, including psychological or psychiatric information or lay information used in a medical determination; and information about marital and family relationships and other personal relationships. Pervasive government extraction of personal data stored and linked via compulsory use of SSNs is today's reality.


Tracking Your Employment: Illegal Aliens & Other Excuses

A 1996 law specifies that states must establish a State Directory of New Hires that "shall contain information supplied by employers on each newly hired employee."

State officials then must give this information, along with wage and unemployment data on individuals, to the federal government for inclusion in its National Directory of New Hires. Within each state, the State Directory of New Hires must be “matched” against a mandatory “state case registry” and such other information as the Secretary may require”. SSNs provide the key link between the electronic databases. State agencies are required to “conduct automated comparisons of the social security numbers reported by employers and the social security numbers appearing in the records of the State case registry" to allow state agencies to enforce child-support obligations by mandatory wage withholding. States also are ordered to require SSNs of applicants for any "professional license, commercial driver's license, occupational license, or marriage license" and to include SSNs on certain court orders and on death certificates. Broad information sharing with other state and federal agencies and "information comparison services" is mandated. Access to the "new hires" database is explicitly granted to the Secretary of the Treasury (IRS), and the Social Security Administration is to receive "all information" in the National Directory.

The objectives of controlling illegal immigration, enforcing child-support obligations, and supporting workforce investment continue to provide fertile ground for rationalizing increased government surveillance of the employment and whereabouts of every person in America.


Tracking Your Personal Medical History

There is a new federal mandate for a unique nationwide health identifier for each individual, to be used in a national electronic database of personal medical information. Although the federal government already has access to millions of medical records through Medicare, Medicaid, and the newly authorized federal subsidies for State Children's Health Insurance Programs, the national electronic database of health information authorized involves the government in everyone's health care, whether or not they receive federal subsidies. Steve Forbes has described it as a “breathtaking assault on the sanctity of your medical records.” Ellyn Spragins and Mary Hager noted that “every detail of your medical profile may well land in this new system without your consent,” explaining that the new national databank will allow “anyone who knows your special health-care number” to become “privy to some of your most closely guarded secrets.”

Equally stunning are proposals to require biometric identifiers as the unique health identifier. The HHS White Paper describes biometric identifiers as “based on unique physical attributes, including fingerprints, retinal pattern analysis, iris scan, voice pattern identification, and DNA analysis.”

The issue is not just privacy; it is government power. Dr. Richard Sobel of Harvard Law School understood that aspect clearly: “What ID numbers do is centralize power, and in a time when knowledge is power, then centralized information is centralized power. I think people have a gut sense that this is not a good idea” . Whether that “gut sense” will find effective political voice is the troublesome question.


Tracking Your Child's Education:

Today federal data collection permeates our educational system. As with medical and employment information, here too individually identified information is being centralized in linked national electronic databases. Through the School-to-Work Opportunities Act the Labor Department also participates in the data endeavor. A spider web of data exchange is the planned outcome. Central to the entire process is the National Center for Education Statistics, the federal entity most directly and extensively involved in receiving individually identifiable information about American children and their education.

The National Center has statutory authority to “collect, analyze, and disseminate statistics and other information relating to education” in the U.S. and elsewhere. It is specifically authorized to collect data on such subjects as "student achievement," the "incidence, frequency, seriousness, and nature of violence affecting students" and, still more intrusively, "the social and economic status of children."

The Commissioner of Education Statistics is empowered to establish “national cooperative education statistics systems” with the states to produce and maintain “comparable and uniform information and data on elementary and secondary education, postsecondary education, libraries” and anyone else the Commissioner “may consider appropriate” including “other Federal departments, agencies, and instrumentalities.

With citizens largely prevented from blocking transfer of such information, the prying into people's private lives goes on.


Tracking Your Bank Account

Privacy in America is further jeopardized by federal statutory law now requiring banks and other financial institutions to create permanent records of each individual's checks, deposits, and other banking activities. With the FDIC in December 1998 proposing to require banks to scrutinize every customer's banking records for evidence of “unusual” transactions, in effect seeking to mandate warrantless searches of private financial records, the legislation authorizing those intrusions and U.S. Supreme Court cases upholding them reveal much about privacy's tenuous status in America today.

The pivotal legislation was the Bank Secrecy Act of 1970. In the name of assembling banking records with “a high degree of usefulness in criminal, tax, and regulatory investigations and proceedings,” Congress empowered the Secretary of the Treasury to require every federally insured bank to create:

1. a microfilm or other reproduction of each check, draft, or similar instrument drawn on it and presented to it for payment; and

2. a record of each check, draft, or similar instrument received by it for deposit or collection, together with an identification of the party for whose account it is to be deposited or collected.

That requirement entailed microfilm records of every detail of every customer's bank account--each check, each deposit--with each account identified by the holder's Social Security number. The statute authorized similar record-keeping to be required of uninsured institutions, including even credit-card companies. The Treasury Secretary, simultaneously passed the “Currency and Foreign Transactions Reporting Act” requireing individuals and financial institutions to report the “payment, receipt, or transfer of United States currency, or such other monetary instruments as the Secretary may specify, in such amounts, denominations, or both, or under such circumstances, as the Secretary shall by regulation prescribe.”


Government As Protector?

In 1974 Congress passed the Combined Privacy Act, to regulate disclosure of personal information by federal agencies. Even that long ago, Congress recognized the damage that federal record-keeping and disclosure could do. The Electronic Frontier Foundation was unequivocal in its assessment, stating that in meritorious cases “it is extremely difficult for individuals to obtain relief under the Privacy Act.” Representative Jim McDermott (D., Washington), one of the few members of Congress who actively resisted the authorization of a national electronic database for health care, recently stated that “There is no privacy anymore,” adding that “It has been eroded in so many ways that you can find out almost anything about anybody if you know how to work the computer well enough.”

Republicans and Democrats alike bow to temptation when the perceived stakes are high enough. Republican President Richard Nixon in 1971 expressed his intention to select an IRS commissioner who “is a ruthless son of a bitch, that he will do what he's told, that every income tax return I want to see I see, that he will go after our enemies and not go after our friends.” Democratic President Bill Clinton, for similar reasons, illegally transferred 900 or more FBI files to the White House. And, ironically, federal agencies such as the IRS have routinely used privacy legislation to shield evidence of their own misdeeds. Does anyone contemplating today's ubiquitous federal collection of personal data still imagine that political leaders cannot and will not abuse this system for their own ends?

Indeed, what important personal information is not now at the fingertips of curious federal officials? John Perry Barlow's once said that “trusting the government with your privacy is like having a peeping Tom install your window blinds.” Bernadine Healy wrote, the "Government does a lot of things well, but keeping secrets is not one of them.”

Reprinted with permission from the Independent Institute. 100 Swan Way, Oakland,CA. 510-632-1366.
Edited suplemented and formated by the Palm Beach Times




Government as Privacy Protector?

In 1974 Congress passed the omnibus Privacy Act to regulate disclosure of personal information by federal agencies. Even that long ago, Con-gress recognized the damage that federal record-keeping and disclosure could do, as lawmakers made explicit in the following “findings” accompanying the act:

1. the privacy of an individual is directly affected by the collection, maintenance, use, and dissemination of personal information by Federal agencies;

2. the increasing use of computers and sophisticated information technology, while essential to the efficient operations of the Government, has greatly magnified the harm to individual privacy that can occur from any collection, maintenance, use, or dissemination of personal information;

3. the opportunities for an individual to secure employment, insurance, and credit, and his right to due process, and other legal protections are endangered by the misuse of certain information systems;

4. the right to privacy is a personal and fundamental right protected by the Constitution of the United States; and

5. in order to protect the privacy of individuals identified in information systems maintained by Federal agencies, it is necessary and proper for the Congress to regulate the collection, maintenance, use, and dissemination of information by such agencies.

"A BILL To combat terrorism, and for other purposes."

In October 2001 Congress passed the The Patriot Act, giving the Government great leeway and access to personal information. In the climate after September 11th these new powers are understandable and will no doubt help prevent futher attacks.

The potential for abuse of these powers and the susequent invasion of privacy should not be lost in the ferver of September 11th. The power invested in the Government is worth the loss of privacy, provided the proper oversight is present and these laws are scrutinized, amended and or recinded when their Sunset Provisions come due.






A Day in The Life?
An average day for some can leave a trail that is stored away and readily accessible for varied purposes by a
variety of people some with dubious intentions

An example of an average day shows how often our moves are monitored and stored. The possibility that this information can be used to stalk, manipulate, steal your identity or track you increases as technology grows.


7:00 AM Wake up, take shower, dry hair, make and drink coffee, use up the remaining milk in refrigerator. You can still wake up at home with some expectation of privacy. You know that your shower, at least, is private.

7:47 AM Log on the Internet to check news and stocks, check e-mail on personal account. Your identity travels the Net with you, leaving a solid, easily traceable trail. Every click of your mouse is being recorded somewhere, and every transaction you complete can be stored and analyzed.

9:10 AM Drive into the city, use automatic toll payment to make commute faster. As this system speeds through the tollbooth, your car is being identified and information about your where-abouts is being stored.

9:30 AM Have breakfast meeting with prospective customer, pick up the bill with a credit card. The credit card companies-the banks as well as the payment processors-are some of the biggest collectors of personal data about you. Plastic is never anonymous.

10:46 AM Go into office building, use electronic badge to enter parking area and building. These badges can locate you in a particular time-data that are ostensibly held in confidence by your employer for security purpose. But it can be used for other purposes. But it can be used for other purposes as well, such as in job reviews.

11:10 AM Check/send e-mail from work account, log on to Internet to research the competition and gain access to analyst reports. Your employer may be collecting information about your online clicks-and it is within his or her rights to do so if you are using your system at work.

1:38 PM Go to Amazon.com to buy a book, recommend it to a client's management team. The Amazon folks post a privacy policy on their site and try to behave like a responsible, privacy-sensitive merchant, but nonetheless, the company's databases contain a great deal of personal information about the subject matter that most interests you.

2:00 PM Participate in a business alliance conference call using a teleconference service call using a teleconference service bridge. Many of the phone companies that provide this kind of teleconferencing service require you to provide your identity to access the call-for security reasons. This information is logged into these companies' database systems and can be accessed if required by the purchaser of the service or law-enforcement officials.

6:15 PM Log on to favorite travel site to purchase tickets and select seat for upcoming business trip. Information about your travel patterns is often resold to carriers within the travel industry but can also be used to gauge your relative wealth and amount of leisure time.

8:17 PM Leave building, use badge to exit prepaid underground parking. Somewhere, someone knows what time you left the building. In fact, he or she may even have noticed how tired you looked as you passes the networked of security camera.

8:35 PM Stop in at grocery store to pick up milk and ice cream, use discount card to make a quick cash purchase. The computerized scanning systems linked to your personal discount card capture information that your grocery store can use to maintain a profile of you and your family.

Excerpts from Brills Content, edited and supplemented by The Palm Beach Times





THE BILL OF RIGHTS

ARTICLE I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

ARTICLE II

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

ARTICLE III

No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, but in in a manner to be prescribed by law.

ARTICLE IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

ARTICLE V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

ARTICLE VI

In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

ARTICLE VII

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.

ARTICLE VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

ARTICLE IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

ARTICLE X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or the the people.