Posted on 8/20/2004, 6:33:52 AM by Still Thinking
From your bank to your contractor to your telephone company, the eyes and ears are out.
And increasingly, they're inspecting you on behalf of the federal government, says the American Civil Liberties Union.
"This is the next battle ground for civil liberties," said Peter Simonson, executive director of the ACLU of New Mexico.
Most Americans have no idea that data is being collected on their shopping, banking and Internet browsing habits, Simonson said. More importantly, they don't know the data is being shared with the government and just about anyone else willing to buy it.
In the ACLU's modest offices on Tulane Avenue Southeast, Simonson discussed why his organization is concerned and what it would like to see done about the issue - including having New Mexico draft new data privacy legislation.
As he spoke, his key chain sat on a conference table, unwittingly reinforcing his concerns.
Like the key chains of many Americans, small plastic cards with bar codes mingled with his house and car keys.
Those cards, good for discounts at grocery stores and pharmacies, allow shopkeepers to track buying habits.
The trend began with companies merely wanting to better market themselves. But the end result is giant data bases the government uses to gather intelligence, Simonson said.
Because companies make money putting together various lists and selling their collective data, Simonson said, the situation will only get worse.
"What makes this so insidious is that there's a profit motive for increasing surveillance," Simonson said.
This month, the ACLU put out a 38-page report, "The Surveillance Industrial Complex: How the American Government is Conscripting Businesses and Individuals in the Construction of a Surveillance Society." Simonson's group will host a daylong conference on the subject Saturday at the Inn at Sunrise Springs in Santa Fe.
In its report, the ACLU details a number of ways the government uses private individuals and businesses to gather domestic intelligence. Among them:
Encouraging neighborhood watch groups through the federal "Citizen Corps," which asks neighborhood watch participants to look for and report "suspicious behaviors that could indicate terrorist activity."
Enlisting fisherman, truck drivers and real estate agents to help the government keep watch on activities in the United States.
Collecting data on everything from who has gotten a scuba diving certification to general monitoring of Internet surfing.
In Albuquerque, federal law enforcement agencies work with local police and also set up neighborhood watch group as part of the government's "Weed and Seed" program, said Norm Cairns, spokesman for the U.S. Attorney's Office in Albuquerque. The goal is to get more local information into the hands of federal authorities fighting crime and terrorism, he said.
"This becomes more and more a network of groups all working toward a common goal," Cairns said. "Our philosophy is, the more information we have the better, and we encourage members of the community to come forward if they have information."
Guarding customer secrets
On a corporate level, companies such as PNM and Comcast Cable watch for suspicious activities, but not as part of any organized government program, spokespeople for the companies said.
Since Sept. 11, 2001, PNM has been required to report any suspicious activity at or near its power plants, but the company was doing that anyway, spokeswoman Amy Miller said.
Both Miller and Comcast spokeswoman Tina Otteni said their companies do not share customer data unless forced to do so by a subpoena. Qwest, the major local telephone service provider, said it also does not provide information unless subpoenaed to do so.
None of the companies would reveal how many subpoenas they receive, but PNM's Miller said the company receives them only on rare occasions, and then not usually for terrorist investigations.
"Every once in awhile, yes, we do get one. It's usually the (Drug Enforcement Agency) and they're looking for high levels of electric use. They'll be doing surveillance on a house for months, usually because they're growing marijuana," Miller said.
Some businesses don't like being put into the role of watching their customers. Banks must now not only report any cash transaction over $10,000 - a rule the ACLU says applies to a variety of retail businesses as well - but must also check their customer lists against government-provided lists of potential terrorists.
"It's a fine line that they go down and it becomes another regulatory burden," said Mike Stanford, chairman and executive officer of First State Bank in Albuquerque.
Stanford, who was in Washington, D.C., on Sept. 11, said he fully understands the reasons behind increasing the nation's safeguards, but doesn't necessarily think the answers lie in new banking regulations.
"The failure (of 9-11) wasn't in the banking industry - it was in our intelligence agencies," he said.
A recipe for protection
Simonson said people need to be more aware of the issue of privacy and states have to pass laws to protect their citizens from snooping by corporate America and the federal government.
House Majority Leader Danice Picraux, an Albuquerque Democrat, said she agrees and will introduce a new data privacy law during the state's next legislative session.
Picraux said she is studying a new law in California that seeks to protect consumers and allows them to opt out of any data-gathering effort on the part of companies with which they do business.
"If California can live with this, certainly we can live with this," Picraux said. "I'm not saying I'll go in with every clause, but at least people should have to give their consent" before information on them is shared with others, she said.
But what's wrong with the government gathering information on U.S. residences to protect itself and its citizens?
Simonson said there have already been examples of innocent people being questioned and detained, including local Amtrak travelers questioned on trains because the government saw suspicious patterns in their travel data.
But Simonson said his greater worry is the overall effect a "surveillance society" has on its members.
"Our greatest concern is what is the overall impact on free speech and the free flow of ideas in this country," Simonson said. "You increasingly learn to check your behavior and that can't help but to have a dampening effect on dissent."
Picraux said the nation need not look back far to see the chilling effects of increased suspicions and surveillance.
"They say if you're not a criminal you have nothing to hide," she said. "Go read about the McCarthy era."
I'll give you a hint. The governor of that state used to be a member of Clinton's cabinet.
The breathalyzer should be an option for parents with underage kids.
I could go for a compromise: A breathalyzer test required before writing any legislation, combined with making it illegal to use them on citizens with jobs.
Most Americans have no idea that data is being collected on their shopping, banking and Internet browsing habits, Simonson said.
If they don't it's because they have their heads in the sand. What do they think those cards are for in stores to get the reduced prices? Door unlockers?
Well, that's great, but what alternative do they have? The stores have even MORE outrageous prices if you don't use the card. Personally I pay cash and use a card with bogus contact info.
The biggest invader of privacy is the IRS. Call them up and ask for a printout of the detail (W2s, 1099s, etc. ) that they have on your account, you may be surprised. Plus the annual signed confession.
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