The Patriot Act Is Being Abused by The Info Gatherers
QUICK TAKE: There is reason to believe that financial services and other firms are using The Patriot Act as a club — It’s an excuse to gather information that they are not really entitled to gather under the law, and that customers and clients would otherwise be allowed to withhold.
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Mark Steyn describes the problem in his Sunday column:
I had to sign a tedious business contract the other day. They wanted my corporation number — fair enough — plus my Social Security number — well, if you insist — and also my driver’s license number — hang on, what’s the deal with that?
Well, we e-mailed over a query and they e-mailed back that it was a requirement of the Patriot Act. So we asked where exactly in the Patriot Act could this particular requirement be found and, after a bit of a delay, we got an answer.
And on discovering that there was no mention of driver’s licenses in that particular subsection, I wrote back that we have a policy of reporting all erroneous invocations of the Patriot Act to the Department of Homeland Security on the grounds that such invocations weaken the rationale for the act, and thereby undermine public support for genuine anti-terrorism measures and thus constitute a threat to America’s national security.
And about 10 minutes after that the guy sent back an e-mail saying he didn’t need the driver’s license number after all.
I’d be interested to know how much of this bureaucratic opportunism is going on. A couple of weeks earlier, I went to the bank to deposit a U.S. dollar check drawn on a Canadian financial institution, and the clerk announced that for security reasons checks drawn on Canadian banks now had to be sent away for collection and I’d have access to the funds in a couple of weeks. This was, she explained, a requirement of — ta-da — the Patriot Act. And, amazingly, that turned out not to be anywhere in the act either.
Any day now, my little girl will wake up, look under the pillow and find a note from the Tooth Fairy explaining that before processing of financial remuneration for said tooth can commence, the Patriot Act requires the petitioning child to supply a federal taxpayer identification number and computer-readable photo card with retinal scan.
I don’t have a problem with the Patriot Act per se, so much as the awesome powers claimed on its behalf by everybody from car salesmen to the agriculture official who demanded proof from my maple-sugaring neighbor that his sap lines were secure against terrorism.
….. My worry is that on the home front the war is falling prey to lack-of-mission creep — that, in the absence of any real urgency and direction, the “long war” (to use the administration’s new and unsatisfactory term) is degenerating into nothing but bureaucratic tedium, media doom-mongering and erratic ad hoc oppositionism.
Some corroboration from an e-mailer who will remain anonymous:
….. The institutions are using the ‘Patriot Act’ as an excuse for their policy. The banks are really just making it a policy to get drivers licenses and ss #’s and even though it isn’t in the Patriot Act, they will not set up an account with out these form of ID. In fact the computer will not allow processing of the application without it.
The employees are powerless representatives who are simply following the company policy, and the bank has made it policy.
My suggestion, and something the ACLU could start advocating right away that I would actually support: Criminalize using The Patriot Act as a pretext for gathering information that could otherwise be lawfully withheld. Any corporate policy maker who is convicted of instructing employees or having computer programmers force employees to gather information supposedly required by The Patriot Act that really isn’t required could be jailed.
Any objections?
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UPDATE: It seems at least possible that existing laws against pretext calling and contacts could be used as they currently are (or used as a starting point) for news laws to apply against those who are using The Patriot Act to obtain information they don’t have a lawful right to.









