Time: Thu Apr 17 13:41:01 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id LAA14718; Thu, 17 Apr 1997 11:39:03 -0700 (MST) by usr08.primenet.com (8.8.5/8.8.5) with SMTP id LAA23391; Thu, 17 Apr 1997 11:37:59 -0700 (MST) Date: Thu, 17 Apr 1997 13:20:07 -0700 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: AP Article on SSN's (fwd) <snip> > >I am forwarding this post due to the nature of the material >the fact that the SSSI has been an issue on this list for >a little while now. I believe it will demonstrate some of >the things people need to know and understand in order to free >themselves from the tyranny. > >I apologize to anyone who may consider this off topic. > >William Gordon > <snip> > >---------------------------------------------------------------------------- >Here is an Associated Press Article that news outlets have had in their >databases for over 2 weeks but have been prohibited from using (called an >embargo) until April 14th. As such I am releasing it to you and suggesting >that we should all monitor our papers closely to see if our papers run the >story and if not, contact your editor and ask WHY, and if so commend them >and write an editorial yourself so the spin increases to a point where wide >spread awareness results. If your paper does not run it, please forward >this article to them from the AP and DEMAND that they run it. Also please >note below that I have included the email addresses of every domestic media >outlet that I know below. > > > Yours, ralph@TeamInfinity.com > > > >April 14, 1997 > >*554*Cyphered Society >*636*Alarm Grows At Rising Demands For Social Security Numbers > >By ROXANA HEGEMAN >Associated Press Writer >@/mNEW ORLEANS _ Martin McKay didn't vote in last fall's elections. >Louisiana refused to let him register. >Although he is a qualified resident of the New Orleans suburb of >Kenner, he refused to give the state his Social Security number. >Voting, he argued, is a constitutional right. ""It's not conditioned >on anything.'' >McKay sued. >McKay, a health-care worker, is among a growing group of people who are >alarmed about the widespread demand for Social Security numbers. >They see it as a creeping invasion of privacy and worry that, >with a Social Security number, prying eyes can tap into a person's lifetime >earnings history, credit background, medical records and other personal >[brought to you by:ralph@TeamInfinity.com http://TeamInfinity.com/urls.html] >information. Heightening the fear are reports of criminals using someone >else's ID number to obtain credit in their name. >Some of the critics go further. They raise the specter of the biblical >""mark of the beast'' and liken it to Hitler's stamping ID numbers on Jews >in concentration camps. >On the other hand, police and government workers see the Social Security >number as a fast way to keep track of criminals, as well as ordinary >employment and health histories. >Last week the Social Security Administration allowed public access to its >databases via the Internet, but the site was shut down almost immediately >over concerns that the ease of access violated privacy rights of people >with Social Security accounts. >Access to confidential records was granted to anyone giving an individual's >name, SSN, state of birth and mother's maiden name. >""As soon as crooks start exploiting this service to get other people's >information, Social Security is going to have a real problem on its >hands,'' Evan Hendricks, chairman of the U.S. Privacy Council in >Washington, told USA Today. >Louisiana is among the most aggressive users of Social Security numbers, >but the practice is spreading to unprecedented levels _ not just for state >and federal programs, but in private industry as well. >For example, a little-known provision of a recent federal law establishes a >new ID system to use Social Security numbers to track medical records, said >Don Haines of the American Civil Liberties Union in Washington, D.C. >The health ID number _ for private insurance as well as federal Medicare >and Medicaid _ would put a person's lifelong medical history into a >government computer database, Haines said. >Another increase is embedded in a little-noticed provision of an >immigration law signed by President Clinton in September. The act prohibits >federal agencies from using state driver's licenses for identification >unless the licenses include a Social Security number. (The law does provide >an exception for the 30 states that don't require Social Security numbers >on their licenses. > >No-Surveillance Promise >When Social Security was set up in the 1930s the American people were >solemnly promised the number would never be used for anything other than >Social Security. >That promise has been broken, Haines says. He anticipates that growing >concern about a national ID number will lead to federal legislation >controlling the private use of Social Security numbers. >""I am surprised that people are so docile about it, they seem to go along >with the government,'' said Joe Cook of the ACLU in Louisiana. ""It is >really scary because the Social Security number has become a de facto >identification number _ the kind of thing you find in totalitarian, >authoritarian societies.'' >The use of Social Security numbers for identification is often tempered by >each region's cultural and historical influences. Western states, >traditionally a bastion of individual rights, are among the last holdouts, >though Arizona allows residents to choose between using their Social >Security numbers or another number on driver's licenses. >Some states in the Northeast and Midwest not only require Social Security >numbers for licenses but also fingerprints. >And Southern states are especially intrusive, some say, probably remnants >[brought to you by:ralph@TeamInfinity.com http://TeamInfinity.com/urls.html] >of various requirements left over from efforts to control its black >population. >Louisiana, for example, collects Social Security numbers for driver's >licenses and voter registration. The state also wants the number for a >hunting or fishing permit. And in some areas a child's Social Security >number is required to register for public school or even to get a public >library card. > >Freedom Of Religion >Louisiana was quick to use the new immigration law to justify its extensive >use of Social Security numbers. >Until March of this year, Louisiana driver's licences had Social Security >numbers on them. But the state lost a lawsuit, so people now have the >option of keeping the number off. Drivers must still give the motor vehicle >department their Social Security number for their records, however. >The lawsuit, filed by Mark Marchiafava, said that using Social Security >numbers violated his freedom of religion. Just months after Marchiafava won >his case, Mary DeFraites sued on the same grounds. >Their basis is a passage in the Book of Revelation: ""And he causeth all >... to receive a mark in their right hand, or in their foreheads: And that >no man might buy or sell, save that he had the mark, or the name of the >beast, or the number of his name.'' >McKay's recent trial about his right to vote took about 10 minutes before >U.S. District Judge Marcel Livaudais, who is yet to rule. The judge earlier >refused to allow McKay to vote while the case is pending. >McKay's attorney, Vincent Booth, called the lawsuit a matter of principle: >""He just doesn't think information of this personal nature needs to be >disseminated any more than is absolutely required or permitted by law.'' > >Privacy Laws Cited >Booth argues that federal law _ specifically Public Law 93-79 Section 7 _ >prohibits the government or any of its agencies from denying an individual >any right, benefit or privilege because that person refuses to disclose his >Social Security number. The law allows an exception if the agency required >the Social Security number before Jan. 1, 1975, the date the federal law >was adopted. >Booth also argues that the SSN requirement is a violation of the National >Voter Registration Act of 1993. >In a similar case in Virginia, the 4th U.S. Circuit Court of Appeals ruled >[brought to you by:ralph@TeamInfinity.com http://TeamInfinity.com/urls.html] >in a 1993 case that using Social Security numbers as security for voting >was an impermissible infringement on the right to vote, Haines says. >Louisiana's voter registration requirement that a person provide both a >Social Security number and their mother's maiden name makes a person >especially vulnerable to financial fraud, since those two pieces of >information together can be used to open credit card accounts, Booth says. >Booth adds that it didn't make his client feel any easier that in the past >the state has used prison inmates as data processors. >For its part, the state contends the information is safeguarded. >Elections officials argue that the Social Security number is one of >the best identifiers it has to check for duplicate voting registrations, >convictions and deaths. >""This is something very important to maintaining the integrity of this >system,'' says Alan Elkins, assistant commissioner of elections. >Louisiana, the first state to computerize its voter registration records, >does have some older registrations that don't include Social Security >numbers, Elkins says. But the state has the numbers of about 90 percent of >its voters. >Even Gov. Mike Foster got into the fray last year when he nixed a $1.8 >million deal in which the state planned to sell driver's license pictures >and data, including Social Security numbers, to a New Hampshire company. >Image Data wanted the information to sell to businesses as a guard against >credit card fraud and for debt recovery. The company, which is working on >similar deals with other states, puts the information into a nationwide >electronic database. >Saying there's ""got to be some right to privacy,'' the governor killed the >sale because the Social Security numbers would have given the company >access to personal information about Louisiana's 2.5 million licensed >drivers. >### END of AP Article > > > >LETTER from SSA Proves SSN NOT required to live or work in US >============================================================= > <snip> > > We regret the delay in replying to your inquiry about the > necessity of having a Social Security number (SSN). > > The Social Security Act does not require an individual to > have an SSN to live and work in the United States, nor does > it require an SSN simply for the purpose of having one. > However, if an individual works without an SSN, we cannot > properly credit the earnings for the work performed. > > On the other hand, other laws require people to have and use > SSNs for specific purposes. For example, the Internal > Revenue Code (26 U.S.C. 6109 (a)) and applicable regulations > (26 CFR 301.6109-l(d)) require an individual to get and use > an SSN on tax documents and to furnish the number > to any other person or institution (such as an employer or a > bank) that is required to provide the Internal Revenue > Service (IRS) information about payments to the individual. > There are penalties for failure to do so. In addition, > people filing tax returns for taxable years after > December 31, 1994, generally must include the SSN of each > dependent. > > Section 205(c)(2)(A) of the Social Security Act requires the > Social Security Administration to establish and maintain > records of wages and self-employment income for each > individual whose work is covered under the program; an SSN is > used for that purpose. The IRS requires employers to report > SSNs with employees' earnings. if you object to providing > your SSN to your employer for religious or other reasons, you > may wish to contact the IRS office in your area to see if any > exceptions are allowed. > <snip> ======================================================================== Paul Andrew, Mitchell, B.A., M.S. : Counselor at Law, federal witness email: [address in tool bar] : Eudora Pro 3.0.1 on Intel 586 CPU web site: http://www.supremelaw.com : library & law school registration ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this ========================================================================
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