Category Archives: Privacy

A Thought on the IRS

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Peggy Noonan wants an investigation into the IRS and its behavior over the last few years.  She has ample justification for one:

We do not know who ordered the targeting of conservative groups and individuals, or why, or exactly when it began.  We don’t know who executed the orders or directives. We do not know the full scope or extent of the scandal.  We don’t know, for instance, how many applicants for tax-exempt status were abused.

We know the IRS commissioner wasn’t telling the truth in March 2012, when he testified: “There’s absolutely no targeting.”  We have learned that Lois Lerner lied when she claimed she had spontaneously admitted the targeting in a Q-and-A at a Washington meeting.  …  We know the tax-exempt bureau Ms Lerner ran did not simply make mistakes because it was overwhelmed with requests—the targeting began before a surge in applications.  And Ms Lerner did not learn about the targeting in 2012—the IRS audit timeline shows she was briefed in June 2011.  She said the targeting was the work of rogue agents in the Cincinnati office.  But the Washington Post spoke to an IRS worker there, who said: “Everything comes from the top.”

And, she points out that we know about Catherine Engelbrecht.  We also know that the weight of the targets do not support the premise of this being simply an inability by low-level IRS employees to interpret the relevant tax law—”they” interpreted it, in Noonan’s words, “with a vengeance.”  And we know who “they” is: as a worker in the IRS’ Cincinnati office told the Washington Post,

Everything comes from the top.  We don’t have any authority to make those decisions without someone signing off on them.  There has to be a directive.

“The top” would include Lerner, who after denying any wrong-doing then pled the 5th in an effort to prevent anyone questioning whether that was true.  “The top” would include the ex-IRS Commissioner Douglas Schulman, who lied to the House of Representatives when he testified that there was no targeting going on—even as it then was going full tilt.  “The top” would include soon-to-be ex-Acting IRS Commissioner Steven Miller, who actively stonewalled, if not outright lied to, the House during his own testimony.

Noonan wants an investigation, a dead serious one:

The IRS has colorfully demonstrated that it cannot investigate itself.  The Obama administration wants the FBI—which answers to Eric Holder’s Justice Department—to investigate, but that would not be credible.  The investigators of the IRS must be independent of the administration, or their conclusions will not be trustworthy.

An independent counsel, with all the powers of that office, is what we need.

As she says, if the IRS isn’t stopped now, it never will be.  But an independent investigation also will meet with stonewalling and delay—and we have two critical national elections coming up in 2014 and 2016, short one and three years away.

What’s needed is a complete elimination of the IRS and a new agency put into its place— with today’s IRS incumbents, at all levels, ineligible to apply for work there.  (Separately, but just as critically, a total reform of our tax code into a simple flat rate, no exceptions system is necessary—which would dovetail nicely with replacing the present IRS with a much smaller, simpler tax collection agency.)  Unfortunately, this both is no more likely to happen than a serious investigation, and it also will take time.

Which puts a premium on getting started.

Be Careful what you Wish For

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As the Wall Street Journal notes,

Video cameras played a critical role in helping authorities track suspects in this week’s Boston bombings.  Now calls for increased camera surveillance in the US are putting a spotlight on the technology and the debate about its use.

New York Mayor Michael Bloomberg bragged about that city’s surveillance system.  It can

alert police to abnormalities it detects on the street, such as an abandoned package that is left on a corner.

Charles Ramsey, Philadelphia Police Commissioner, said on Fox News Sunday:

It gives you that historical record.

But such a ubiquitous government-run surveillance system also can alert government to abnormalities of which it disapproves—like individual citizens taking part in “right-wing extremist” peaceful rallies and meetings.  And there’s that government record on us private citizens thing, again.

In the present case, though, the matter of the Boston Marathon bombing, whose cameras were they?  The government’s cameras were involved in the data collection and subsequent hunt, certainly.  However, so were thousands of privately owned still and video cameras—all those smart phone cameras in the hands of Marathon fans and other ordinary citizens just out taking care of their own business in the area.

It was private citizens’ imagery and private citizens’ eye witness reports (one injured witness: “he looked right at me” and the boat owner’s sighting and 911 call) that generated the imagery, descriptions, and location data that so thoroughly supported the hunt, the tracking, and the capture.

Does government, today, really need such a widespread surveillance system?  No doubt the government’s surveillance cameras were highly useful, too, in this incident.  A tool for keeping track of the citizenry that’s in government hands, though, is subject to misuse, even if the tracking is for the best of reasons, as our government might assure us.  A tool for tracking one’s neighbors—or strangers—in private hands is subject to misuse, also, certainly.

Think, though, about which misuse is capable of the greater damage.

Think, also, about the extant government abuse of its surveillance capability.  Already, for instance, the present administration (and both national political parties) are scraping social media for personally identifying data for government (and party) purposes.  The IRS already is asserting its authority to read, without a court’s order, private email as part of its investigations (while denying it actually does so).  Do we need government actively tracking us private citizens?

Hmm….

Public Trust

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The Missouri State Highway Patrol has admitted that on two separate occasions it has given to federal investigators, without benefit of a court’s warrant or other order, personally identifying information concerning 163,000 Missourians who also had Missouri-sanctioned concealed weapons permits.  The claimed purpose of the federal demand was a fishing trip concerning potential Social Security benefit fraud, but only gun owners seem to have been singled out for this treatment.

Missouri law makes it illegal (at the misdemeanor level) to disclose information about concealed gun permit holders.

Governor Jay Nixon and members of his administration, in wide-eyed innocence, are insisting that there’s nothing wrong with this.  Andrea Spillars, Department of Public Safety Deputy Director had this justification:

There’s nothing in the law that prevents [a federal investigator] from getting that information in batch form[.]

It’s likely that these are honest men and women who actually believe their claim.  They just don’t understand, apparently, the distinction between “illegal” and “wrong.”

This is why we can’t trust Progressives in government.  They simply have not even the first particle of understanding of the difference between right and wrong.

Police Surveillance

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Little Rock, AR, is expanding the surveillance capability and power of its police patrols:

A police car with a device that photographs license plates moves through the city and scans the traffic on the streets, relaying the data it collects to a computer for sifting. Police say the surveillance helps identify stolen cars and drivers with outstanding arrest warrants.

It also allows authorities to monitor where average citizens might be at any particular time. That bothers some residents, as well as groups that oppose public intrusions into individual privacy. The groups are becoming more alarmed about license plate tracking as a growing number of police departments acquire the technology.

More (worse?) [emphasis added]:

Little Rock Police Chief Stuart Thomas said the law enforcement benefits outweigh any concerns about possible abuse of the information, which, as a public record, is legally available for anyone to see.  He said the department may get more of the devices.

No irony there at all.  Nosirree.  Thomas went on:

Should that potential of misuse therefore eliminate the capacity of law enforcement to collect data which has a legitimate purpose for the safety of our officers or the appropriateness of enforcement actions?  I don’t think so[.]

But he misses the point.  This isn’t a private citizen, for whom prior restraint constraints are properly illegal—there has to be a crime committed (of which conspiracy is one, but which requires probable cause to interrupt).  This is a government, which is hard enough to control.  Prior restraint of government is a necessary precondition for freedom.  It’s why probable cause and warrants are a for restraining governments.

There are other dangers of the police—the government—creating this particular database, also pointed out in the article.

[City Director Ken] Richardson said he didn’t hear about the device until after it had been collecting data for months.  He said he said he hasn’t heard many complaints.

“It’s hard for you to have a problem with something if you don’t know it’s going on,” he said.

So, Chief, why all the secrecy, if it’s so innocuous?

And as [Catherine, of the New York American Civil Liberties Union] Crump points out,

Given how few rules are currently on the books to protect our privacy, it’s plausible that private investigators and data-mining companies could acquire this location data[.]

And nefarious individuals posing as those.  This is a neat-sounding idea that’s highly dangerous.

The Efficacy of Government-Held Databases on Citizens

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Here’s an all too likely outcome from letting government maintain databases on its citizens, ostensibly for the safety of those citizens.

A Muslim US Air Force veteran who had trouble entering the country last year to visit his terminally ill mother was barred again Saturday from trying to return home to Qatar, the second time this month that he’s been prohibited from boarding a flight in Oklahoma City because his name appears on a government no-fly list.

The reason?  There isn’t one, really:

[Saadiq, who is an American citizen as well as a vet] Long said a TSA agent told him that he was “still on the list” and he would have to contact the FBI.

Pass that buck.  But

Long said the FBI has not told him why he is on the no-fly list[.]

It’s entirely possible this is on the up and up.  There’s no information to support that thesis, though.  On the other hand, database errors happen, but it’s deucedly hard to get government to correct their errors.  Bureaucracy, don’t you know.