Tag: privacy

Not Inadvertent

political donations, IRS, government surveillance, privacy

Maybe we can put a stop to the assault on the privacy of donors to political causes.

By “we” I mean The Buckeye Institute and the Institute for Free Speech, who have teamed up to challenge “a decades-old law that forces the IRS to demand that nonprofit charities hand over the private information of their largest donors every year.”

The IRS itself admits that collecting this personal data “poses a risk of inadvertent disclosure.”

Also a risk of fully advertent disclosure.

The IRS has often been used to harass the political enemies of federal officials in a position to tell the agency what to do.

Buckeye Institute President Robert Alt reports the Institute’s own experience as Exhibit A. In 2013, soon after it had urged Ohio to reject Obamacare-inspired efforts to expand Medicaid, the Institute was subjected to an IRS harassment-audit.

The specter of this investigation was a scary one for the Institute’s major donors, who reasonably assumed that the audit was retaliatory. They worried that if their own names came up during the audit, they too would be subject to IRS attention. Many donors drastically scaled back their giving so they’d be less of a target; others stopped donating altogether.

Prospects for the Institutes’ litigation are good. The U.S. Supreme Court determined in a 2021 ruling that the government must at least consider “the potential for First Amendment harms before requiring that organizations reveal sensitive information about their members and supporters.”

Anonymity in political activism has a long American history — from the start, actually.

It’s what democracy looks like.

This is Common Sense. I’m Paul Jacob.

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international affairs privacy

Delivering to Evil

Will Americans who demand the outing of anonymous donors to political causes listen to Jianli Yang?

One reason that people donate to organizations anonymously — just as they want their votes and other personal information to remain confidential — is to avoid being harassed by political opponents.

But being bullied in a restaurant is hardly the worst that can befall donors stripped of anonymity.

Jianli Yang is a Chinese dissident. In 2008, after spending years in a Chinese prison for his activism, he founded Citizen Power Initiatives for China, a US-based organization working to advance rights and democracy in China.

Yang notes that Chinese supporters of his organization, even if residing outside of China, “can face extreme consequences when they are identified by the Chinese government.” Without the right to protect donor privacy, affirmed in a July 2021 U.S. Supreme Court decision on the associational rights of donors, donors can end up being punished by the Chinese government.

The risk isn’t just theoretical. In April 2021, one Mr. Lee, a businessman, was forced to appear on Chinese television to “confess” to supporting Citizen Power Initiatives for China. The government also sentenced Lee to eleven years in prison.

We must fight both the CCP and their wannabe branch in DC. Things are nowhere near as bad in this country as in China. But we don’t know what threats we will face the day after tomorrow even from our own government.

We need every First Amendment protection we can get.

This is Common Sense. I’m Paul Jacob.

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Tags censorship, China, dissent, freedom, privacy

Accountability privacy tax policy

Stay On Call

facial recognition, taxes, privacy, freedom

Backlash can be good. Against lousy ideas, for example. Sometimes, the response to the backlash is to relinquish the lousy idea, at least temporarily.

We must hope for more than a moment of reprieve from the Internal Revenue Service’s plan to require facial ID recognition of persons who use certain functions of its website.

Both Republican and Democratic congressmen, among many others, were outraged.

It’s good that many congressmen regard some forms of surveillance as beyond the pale. (Meanwhile, legislation to promote scanning of everybody’s online messages at will, Lindsey Graham’s EARN IT Act, is back in Congress. Bipartisan Backlash, can you take a look at this?)

The IRS said that it wanted to use facial recognition technology to help prevent scammers from posing as taxpayers.

But a database of such facial info would itself pose a huge security risk. For decades now, we have been inundated with stories about major databases being hacked.

Nor would legal access have been restricted to the less-than-trustworthy IRS. A third-party vendor would have been involved.

So the IRS has retreated, saying they grasp “the concerns that have been raised” and pledging to pursue “short-term options that do not involve facial recognition.”

The Biden administration has also proposed expanding IRS staff by 80,000+ personnel and permitting minute governmental monitoring of the bank accounts of millions of Americans — notions now in abeyance but undead. And who knows what other innovations in overseeing us are coming up?

Stay on call, Bipartisan Backlash.

This is Common Sense. I’m Paul Jacob.

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Fourth Amendment rights

Marks of Tyranny

It pays to contest petty (as well as major) civil and criminal charges that your local and state governments lay against you. Sometimes you get off.

People have used some pretty “out there” arguments in their own defense. Example? Risk homeostasis in a speeding case. That was a stretch.

But this Michigan case, though it may seem odd, is as American as Apple pie.

Alison Taylor sued the city of Saginaw over her parking violation citations. Her argument? The Fourth Amendment.

You see, the municipality’s parking officer had used chalk to mark her (and others’) tires. If on a second round the officer sees a car with the mark at the right spot, showing that it had not moved in the allowed period — write up a ticket!

Ms. Taylor had accumulated 14.

So she and her lawyer argued that “using the chalk to mark her tires constituted an unreasonable search without a warrant.”

The U.S. Sixth Circuit Court of Appeals agreed. This traditional method of enforcing parking rules was recognized as an infringement of the right of the people “to be secure in their persons, houses, papers, and effects.”

Trivial? The consequences may not be, as my source for this case, Greg Rasa of Autoblog, points out.

Dubious? Imagine a non-legal way to fight the chalk-mark method — non-officers chalking car tires with multiple marks indistinguishable from the officers’. Cities would object, of course, but their best case against such a practice would be the car owners’ case: defacement of private property.

Yes, if the saboteurs’ marks are defacement, so are the city’s.

Justifying the appellate court’s ruling.

Chalk one up for constitutionally guaranteed rights?

This is Common Sense. It’s Friday! I’m Paul Jacob.

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Tags 4th Amendment, courts, police, privacy, risk

general freedom media and media people

Trust the Spies?

“The Biden administration is spying on us,” Fox News host Tucker Carlson told his Monday night audience.

“On Sunday, we heard from a whistleblower within the U.S. government, someone with direct knowledge, who warned us the NSA was reading our electronic communications, our emails and texts,” he explained, “and was planning to leak them selectively in an effort to hurt us.”

Quite an explosive allegation.

“[T]he evidence for this claim is lacking,” a Vox story argued, adding that “on Tuesday the NSA took the unusual step of releasing a carefully worded statement denying it.”

Carlson quickly responded that there was no actual denial in the NSA’s verbiage. Huh? Referring directly to Carlson’s charge, the National Security Agency’s statement read, in part: “This allegation is untrue.”

Awfully clear to me. In fact, so straight-forwardly worded that I wonder if the writer is new to Washington, D.C.

Of course, the problem isn’t really one of language.

The problem? Trust.

Back in 2013, James Clapper, then-President Barack Obama’s Director of National Intelligence, was asked under oath if the NSA “collected any data at all on million of Americans.” Clapper lied to Congress. He has never been held accountable for making that knowingly false statement.

Carlson showed viewers 2006 footage of then-Senator Joe Biden voicing concerns about NSA spying. “And we’re going to trust the president and the vice-president of the United States that they’re doing the right thing?” inquired Biden. “Don’t count me in on that.”

On Tuesday, Carlson contended “the NSA does routinely spy on Americans. It won’t call it spying — that’s exactly what it is. Millions of Americans. And sometimes it does it for political reasons. And everyone knows this. Everyone.”

But many still deny it.

This is Common Sense. I’m Paul Jacob.

Note: Today’s Thought about lying in the old Soviet Union is relevant to the “everybody knows”/“everybody denies” mentality. Share it far and wide. This wasn’t a feature of America three decades ago, was it?

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Fourth Amendment rights initiative, referendum, and recall

Big Brother or Barney Fife?

Post author By Redactor
Post date June 7, 2019
No Comments on Big Brother or Barney Fife?

big brother, Barnie Fife, surveillance, face recognition,

Alaska, Washington, Oregon, Montana, Missouri, Oklahoma, Louisiana, New Hampshire — these are the states that have shouted a big NO to the Federal Bureau of Investigation’s citizen scanning agenda and its database of 640 million faces.

“As the FBI amasses hundreds of millions of photos for its facial recognition program (with little in the way of safeguards),” asks J. D. Tuccille in Reason, “is it also going to force us to bare our faces for cameras as we move through an increasingly surveilled country?”

Tuccille suggests wearing hats big enough to cover our faces from intrusive cameras.

Most states do not prohibit surveilling people en masse or at random. And though Kimberly J. Del Greco, deputy assistant director of the FBI’s Criminal Justice Information Services Division, assures us of the operation’s above-board character — “there have been no findings of non-compliance, and no observations of unauthorized requests” — the possibilities of abuse are precedented . . . by past government surveillance.

So, is it any solace that it has so far proved wildly inaccurate?

Sure, the aforementioned Del Greco claims the FBI’s algorithm is 99 percent accurate. But another study found one system in place with a sorry 98 percent inaccuracy rate. “It’s a creepy police state as administered by Barney Fife,” writes Tuccille. And while that is “pretty damned funny,” it would be not even a little bit funny if “you’re arrested based on a bad match.”

Constraining governments to forswear such practices on the streets, malls and public places of America is surely a good candidate for citizen use of initiative and referendum rights, where available — in states and cities around the U.S.

For these are not supposed to be the United States of Big Brother.

This is Common Sense. I’m Paul Jacob.

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