Sonntag, 22. Juni 2008

Senate Housing Bill Requires eBay, Amazon, Google, and All Credit Card Companies to Report Transactions to the Government

Senate Housing Bill Requires eBay, Amazon, Google, and All Credit Card Companies to Report Transactions to the Government
June 19, 2008
Broad, invasive provision touches nearly every aspect of American commerce.

Washington, D.C. - Hidden deep in Senator Christopher Dodd's 630-page Senate housing legislation is a sweeping provision that affects the privacy and operation of nearly all of America’s small businesses. The provision, which was added by the bill's managers without debate this week, would require the nation's payment systems to track, aggregate, and report information on nearly every electronic transaction to the federal government.
Call Congress and Tell Them to Oppose The eBay Reporting Provision in the Housing Bill: 1-866-928-3035
FreedomWorks Chairman Dick Armey commented: "This is a provision with astonishing reach, and it was slipped into the bill just this week. Not only does it affect nearly every credit card transaction in America, such as Visa, MasterCard, Discover, and American Express, but the bill specifically targets payment systems like eBay's PayPal, Amazon, and Google Checkout that are used by many small online businesses. The privacy implications for America's small businesses are breathtaking."

"Privacy groups like the Center for Democracy and Technology and small business organizations like the NFIB sharply criticized this idea when it first appeared earlier this year. What is the federal government's purpose with this kind of detailed data? How will this database be secured, and who will have access? Many small proprietors use their Social Security number as their tax ID. How will their privacy be protected? What compliance costs will this impose on businesses? Why is Sen. Chris Dodd putting this provision in a housing bailout bill? The bill also includes the creation of a new national fingerprint registry for mortgage brokers.

"At a time when concerns about both identity theft and government spying are paramount, Congress wants to create a new honey pot of private data that includes Social Security numbers. This bill reduces privacy across America's payment processing systems and treats every American small business or eBay power seller like a criminal on parole by requiring an unprecedented level of reporting to the federal government. This outrageous idea is another reason to delay the housing bailout legislation so that Senators and the public at large have time to examine its full implications."

From the Senate Bill Summary:

Payment Card and Third Party Network Information Reporting. The proposal requires information reporting on payment card and third party network transactions. Payment settlement entities, including merchant acquiring banks and third party settlement organizations, or third party payment facilitators acting on their behalf, will be required to report the annual gross amount of reportable transactions to the IRS and to the participating payee. Reportable transactions include any payment card transaction and any third party network transaction. Participating payees include persons who accept a payment card as payment and third party networks who accept payment from a third party settlement organization in settlement of transactions. A payment card means any card issued pursuant to an agreement or arrangement which provides for standards and mechanisms for settling the transactions. Use of an account number or other indicia associated with a payment card will be treated in the same manner as a payment card. A de minimis exception for transactions of $10,000 or less and 200 transactions or less applies to payments by third party settlement organizations. The proposal applies to returns for calendar years beginning after December 31, 2010. Back-up withholding provisions apply to amounts paid after December 31, 2011. This proposal is estimated to raise $9.802 billion over ten years.
http://tinyurl.com/5s8bow

Sweden's new wiretapping law 'much worse than the Stasi'

Sweden's new wiretapping law 'much worse than the Stasi'
10 June 08

On June 17th the Swedish parliament is set to vote on the introduction of a new "signal surveillance" law.

What the law means is that all telephone and internet operators will be forced to attach a large cable to the state's supercomputer, where the state will be able to keep a record of everything said in telephone conversations, surfed on the web or written on the internet.

The law can best be described by the more explanatory term "general surveillance". Instead of just criminal suspects having their phones tapped, now everyone will be tapped via their phones, emails, web surfing, faxes etc.

But the state won't keep a record of everything. First it will scan all phone calls, emails and so on, in real time. Anything that is "considered interesting" on the basis of 250,000 search criteria, will be saved for further investigation.

All our phone calls, emails and surfing habits will be observed by Sweden's National Defence Radio Establishment (Försvarets Radioanstalt - FRA), which is why the proposed legislation is known as the "FRA law".

There are no courts involved, and the government and all its agencies - including the police and the security police - will be able to snoop around in the tapped phone and email correspondence of its citizens.

This is much, much worse than the East German Stasi, which was only capable of tapping a small sector of the population. This is also something that has been pointed out by German members of parliament with first-hand experience of the Stasi.

Proponents of the law say it "only concerns cross-border communications". Unfortunately this is a bare-faced lie. Records of communications will be kept at 20 nodal points, strategically placed to capture all communications that cross Sweden's borders. But any internal communications that happen to come into contact with any one of these nodes will also be analyzed by the state. Essentially this means that everyone will be affected since, for technical reasons, most phone calls and emails between two Swedes pass through another country.

Proponents say that "this has absolutely nothing to do with Swedes; FRA isn't allowed to investigate Swedes if there is no substantial cause". This is a dishonest formulation. Another way of saying exactly the same thing would be: "FRA may snoop on Swedes as part of this mass wiretapping scheme if certain criteria are met". In fact, the entire statement is dishonest, since the legislation up for debate only concerns signal surveillance for the military. What these people don't mention is that the FRA already carries out surveillance for the police using exactly the same staff and the same wiretapping network.

Proponents say that "only a very small amount of information will be listened to", and refer to the pieces of information that will be sifted out for further examination. This is also a direct lie. Everything will be listened to. Whatever information is then selected for further examination is irrelevant; the violation of personal integrity occurs when the state gives itself access to its citizens' private communications, not when one of the search terms it uses to filter the data happens to match.

Democracy is reliant on the transparency of power, not the transparency of citizens. All places where the opposite has been the case - where it has been impossible to examine the powers that be, while citizens lack any right to a private life - have been really nasty places to live.

Signal surveillance is supposed to protect us against external threats. In reality, however, it is the surveillance itself that constitutes a direct threat against Swedish democracy.

Aftonbladet has written about the law today (the first time old media have really contributed to the debate). Unfortunately they present the proponents' propaganda as fact. Proponents of the law have shown themselves to be completely unreliable. On May 31st I put forward evidence [in Swedish] showing that they know they are breaking the constitution but they just don't care.

The Pirate Party has long campaigned for the right to a private life. For example, we held a demonstration in central Stockholm recently demanding the right to civil liberties and for an end to all plans for general surveillance.

A campaign site has just gone online called stoppafralagen.nu (Stop the FRA law) with more information about this draconian piece of legislation.

It's high time to get involved. Write to your local member of parliament, talk to friends and acquaintances about what's happening. Anything. Just do something. Before it's too late.
http://tinyurl.com/3hvauh

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