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FBI Can Inspect Bank Records w/o Court Orders
AlexZander writes: "Thankfully, the so-called 'Patriot Act II' was discovered last year and the public outcry that ensued was enough to get the bill tossed out the window. One of the goals of that act, however, has made it into law under the radar of the community at large. However, on December 13th, President Bush signed Intelligence Authorization Act for Fiscal Year 2004 (the relevant section is 374) into law, which among other things, grants the FBI the power to obtain financial information without a court order from a judge. It also expands the definition of 'financial information' to include car dealerships, jewelry stores, insurance companies, and other stretches of the definition of 'financial institution'. Wired News has the story here."
"The best parts about this is that the law prevents the business that gives up the information to the FBI from telling their customer about the request. Oh, that and the new law only requires a "national security letter" from a field agent stating that the information reqested is part of an investigation relevant to national security.
Yikes!"
The provision granting increased power was little more than a single line of legislation. But Dempsey said it was written in such a cryptic manner that no one noticed its significance until it was too late.
Isn't democracy grand? I wonder how many more infringements upon freedom and privacy intelligence agencies can sneak past our apathetic, uninformed legislators.
No, that's the thing. There is no such clause. They can examine your records for any reason, and not only do they not have to tell you about it, your financial institution (the definition of which is now extended to to include everything from banks to insurance companies to casinos) is compelled by law to keep it a secret from you.
Breakfast served all day!
But this laws says that all bank transactions of a business are public property. It would take only a few corrupt FBI agents to destroy a company by exposing it's banking records. No foreign company will want to bank in the US because it will afraid that the FBI will funnel sensitive information to US corporations. It has been done before.
And, as if the tinfoil wearing folk do not already have enough encouragement, this is the best reason of all to keep your money in you mattress.
In summary, if the money and business begin leaving the US in even greater numbers, I cannot blame them in the least. I thought some of the actions of US corporations over the past were quite selfish, but now I am not so sure. I cannot imagine a responsible firm using US banks anymore than is absolutely neccesary
"She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
It's not a matter of having something to hide.
I am not embarrassed about what's in my fridge, but I still don't invite people to take a peek. I'm not embarrassed about what's in my palm pilot, but I still don't post it on the web.
The question isn't, "Do I have something to hide?" The question is, "Why should I allow you to go on a fishing expedition through my private life when you have no admissable cause to suggest that I'm doing anything illegal?"
-monique
$15 for the Fifteen
When the House voted on the measure, fifteen House Republicans broke from their party to vote against the bill, specifically because of their concerns about the stealthily inserted PATRIOT language. I'm a Democrat, but I thought that kind of principled stand was what we needed more of, not less -- and I thought it was a shame that the most likely outcome for these guys would be a world of hurt, since the House GOP leadership (especially Majority Leader Tom "The Hammer" DeLay) is famous for demanding loyalty above all else.
That's what "$15 for the Fifteen" is all about. It's a chance for people who want to express their opposition to this PATRIOT expansion to do so in the way politicians pay the most attention to -- in cash :-)
The idea is that you put fifteen dollars into the campaign fund -- one dollar for each of those Republicans who voted the right way -- and when the campaign ends, the total funds raised will be split equally between all fifteen of them, and each one will get a letter with his share explaining that this money comes from citizens who want to thank him for doing the Right Thing on this bill. It's not general support, it's support on this issue -- which means your $15 doesn't disappear into some non-profit's general fund.
(I should mention that it wouldn't be possible to run a campaign like this without PayDemocracy, a great service that I used to put it together. I have no affiliation with them, and I'm not getting a penny of your contribution.)
If you want to do something concrete to send a message to the politicians that there are people out there who are watching them on this issue, and that will support them if they do the right thing, come join me -- it doesn't take many $15 contributions before we have a serious chunk of change, and that will really get their attention. It's less than the cost of a CD, and it's a first step towards making sure that things like this don't happen again. Not too bad for $15, don't you think?
Read my blog.
Please. Here in San Diego, the FBI used Patriot Act subpoenas to investigate council members being bribed by strip-club owners as "potential terrorist links". Say goodbye to several of the amendments...
1984 was supposed to be a warning, not an instruction manual.
It seems as though this administration is made purely of strict constructionists of the constitution. Bush's administration has completely ignored what all the other presidents have noted as natural laws, like the freedom of privacy. Our many privacies are now being stripped along WITH the freedom of speech. They're saying that they can investigate you and the librarian (or whomever) cannot inform you of your invasion of privacy.
I remember reading articles before 9/11 how the FBI wanted Library records but couldn't get them easily. This is something they've been wanting to do for some time. They'll use it to find terrorists, and it'll be a good thing. But they'll also use it to invade the civil liberties of many law-abiding citizens.
The end never justifies the means. It is an invasion of our liberties and a tragedy to the memory of all who have died to perserve those rights to allow the government to do this to us.
To quote someone noteable on this issue:
"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
- Benjamin Franklin, Historical Review of Pennsylvania, 1759.
If you were to browse http://www.tsaunion.com you might find a story about a Federal Security Director who was fired for refusing to break the law. (He was ordered to perform acts that were discriminatory against women and minorities... he got his orders on AUDIO TAPE and was fired for refusing to carry out orders.) As he is even now trying to attain justice but efforts by investigators are being blocked in the name of "National Security."
So you see, "National Security" is a very broad definition when you can include illegal behavior of government employees and organizations.
Just sent to my congresscritter:
t y/story/7989769p-8926319c.html
Mr. Ose,
It saddens me to see that you have voted 'Yea' on the Intelligence Authorization Act for Fiscal Year 2004:
http://clerk.house.gov/evs/2003/roll649.xml
As you may know, this bill grants FBI powers to view the financial records of citizens without a court order from a judge, removing the checks and balances so important to our government. There is evidence that the FBI has abused other powers given to it by the much contested Patriot Act:
http://www.sacbee.com/content/news/projects/liber
I have spoken to many other citizens in our district who are also unhappy about your vote on this issue. Unless I see active action on your part in opposition of further such laws, I will be encouraging as many people as possible to vote for a candidate who will better represent our interests come election time.
Feel free to have your staff contact me if you have any questions.