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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!"
"Only in their dreams can men truly be free 'twas always thus, and always thus will be."
--Tom Schulman
It is easy for them to define "investigating for possible terrorist association" as anything they want.
There was a post about this on whatreallyhappened.com.. and it linked to a large article about it here.
I pre-ordered my 21" telescreen yesterday, I bought myself a newspeak dictionary and enrolled my daughter in the Junior Anti-Sex League.
They may be able to read my bank records, but they cant read my mind thanks to my tinfoil hat.
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!
what reason would you have to hide it?
It isn't hidden. There is, however, something called privacy.
The "if you're innocent, you have nothing to hide" argument is a strawman I tire of. It's not about hiding. When I'm in the bathroom, I am not hiding. That doesn't mean I want everyone looking.
Same for my bank account. It's simply nobodys business what's going on there. If the FBI wants to peek, they'd better have a good reason to, and until recently, it was a judges job to decide whether the reason is any good.
Assorted stuff I do sometimes: Lemuria.org
1. Carp about it on a geek forum
2. Ignore it - after all no one really cares how much money you spend on chewing gum from chewinggum.com
3. Find out how your congressperson voted on this issue, and call their office, then write a letter to them about it. When you get the standard form letter back from them, go see them to discuss this issue. If that doesn't get you what you want, use your geek skills to build a community forum site and use that to attract folks who can develop a coordinated campaign to contact congresspeople all over the US to get this law changed.
Democracy can work. If this is really a big deal to you, then invest your time figuring out how it can and should be undone rather than whine about it here.
Respectfully,
Anomaly
But Herr Heisenberg, how does the electron know when I'm looking?
The part which I find the most scary about this hasn't been mentioned yet: The US Postal Service counts as a "financial institution" for the purpose of this act.
As a result, an FBI agent can walk into the USPS, without a warrant, and demand a detailed listing of all the mail you receive.
Tarsnap: Online backups for the truly paranoid
I'm so sick of hearing "if you are innocent... why do you care?" It's called the 4th amendment - our founding fathers didn't want the government to be able to search us without judicial review - without proving they had SOME case - and without our knowledge.
I'm innocent but I still don't want my rights violated. I don't want to be randomly searched, spied on, etc. I don't want the FBI or anyone looking at my medical records, bank records, etc. And I believe that for any person in the U.S., if the government or FBI didn't like you, they could put together "proof" that could get you locked up for life - not that they need any proof anymore.
If my home was searched, they'd find maps, atlases, sharpies, box cutters, CD-RWs, and a long list of other "terrorist equipment". I have books talking about how to protect your privacy, so I must have *something* to hide. I have books of a highly libertarian slant - I must be plotting to overthrow the government! I have a poster of the empire state building on my wall. The poster is there because I think it's a beautiful building, but the FBI could use it as "proof" that I planned to blow it up.
My financial records show I frequently buy computer equipment - I must by a computer terrorist! I make a cash deduction of $100 about once a week - I must be buying drugs! I wrote a check to a person with a foreign sounding name - he must be a member of my terrorist unit!!
Government abuses have run rampant the last couple of years - anyone who's opinions differer from the government can have their right to travel violated.
There has been NO terrorist activity in the U.S. since 9/11. 9/11 was a horrible tragedy but it sickens me that republicans have turned it into an excuse to create a police state. Let's face it - the terrorists won. The U.S. has lost or is in the process of losing all the freedoms they hated us for.
This is SO educational! -- Kintaro Oe
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.
I just did.
Easy lookup at http://www.senate.gov.
Remind them that election time is just around the corner and you'll be considering his/her reaction to this issue when you hit the voting booth.
I hope so, but as it stands right now they could keep you in the can indefinitely while they investigate, without charges and without access to an attorney -- just because they suspect you.
In my book, that's a violation of the fourth, fifth, sixth and eighth amendments. At least.
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.