First International Conference on Free
Energy
and the Social Security Snafu
CONTENTS
Valone's Original Invitation to the
Conference
Pond's initial response
Social Security not
Mandatory
Privacy Act Limitations on Social Security
Number Useage
Public Responses
Pond's request for a PSQ
Public Servant's Questionaire
Threaded Responses 1/13/99
more Public Responses
Threaded Responses 2/14/99
Freedom of Information Act (FOIA) And Privacy
Act
State Department acknowledges law, but....
Bailey's Notice
National ID (whatever the document) is still
invasion of privacy
Public Support from Colorado
Jerry Decker's Support from KeelyNet Dallas,
Texas
Social Security Abuse in Hawaii
Frog Farmer's Response
Decker Weighs In...
Conference Comment
Pond's Response
State of Nevada Seeks to Outlaw SSN and ID
Abuse
GAO Investigates Abuse of SSNs
See also this report on Private use
of Social Security Numbers (pdf)
SSN Activists
SSN Email Discussion
List
Title 42 - The Law says....
COFE Rebuttal of 3/23/99
KOLENDER v. LAWSON, 461
U.S. 352 (1983)
SUCCESS!!!
What the Law Actually
Says...
Another
SUCCESS!!!
Becraft, COMMENT UPON
VOLUNTARY NATURE OF SOCIAL SECURITY
Victory - You can open a
bank account without #SSN
Learner's permit with no SSN
& no birth certificate
You cannot ""Rescind"" a Social Security
Number ... But ...
The Rest of the Story
- Subject: Conference on Free Energy
- Date: Wed, 20 Jan 1999 13:51:53 -0800
- From: Thomas Valone
- Organization: Integrity Research Institute
To: duca@msw.it
CC: haspden@iee.org, pgb@padrak.com,john1@nidlink.com,
kbala@elknet.net,brucelc@ihug.co.nz,
science@pobox.com,brown@particlepower.com,
brucelc@ihug.co.nz,sft@imaginet.fr,
coolwar@aol.com,rdcook@bellsouth.net,
jdecker@keelynet.com,rgeroge@hooked.net,
cincygrp@ix.netcom.com,sales@flexigloss.com,
ANNOUNCING: The First International Conference on Free Energy
(CoFE) to be held at the Department of State, Washington, DC as part
of the Secretary of State "Open Forum", April 29, 30 with all day
workshops on May 1st, 1999. Preregistration for security
requirements: birthdate and SS# for US citizens, passport number for
foreign attendees. CALL 800-777-8747 (301-595-7999) for official
discounted hotel and travel arrangements (only 75 rooms have been set
aside which will go fast). Speaker list attached. Sponsors are
solicited at any level (see attached). All day Video Room and Exhibit
Room featured. Demonstration of Devices include: Les Adam's peroxide
helicopter model; Perrault's radiant energy device; Chip Ransford's
transmutation demo; maybe Paul Brown's nuclear battery; Gravity
driven motor; Griggs pump?; and of course, Paul Pantone's GEET
motors. Speaker list is attached. Audience will average 3-500 and the
auditorium can hold 800. The State Dept. itself will, by conservative
estimates from other similar events, supply at least 200 people. DOE
and NASA are receiving broadcast email messages for the event as
well. Two congressmen on the Hill who are physicists (Ehlers and
Holt) will be invited. We hope to have a press conference in the
press room. The day before CoFE (Wed.) is the DOE meeting day with
invited speakers presenting to them privately. We will have a
Proceedings, videos, and a simultaneous netcasting on the internet. A
lot of non-profit organizations and ambassadors will be attending
since they are here in DC and they all want whatever we have to offer
them for third world countries. The Washington Post will probably do
an article for us since this is the first CoFE of its kind in DC. I
have received more than one phone call asking for a definition of
free energy! This will be a breakthrough educational effort to burst
the energy conservatism dominating our nation's capital. No admission
charge except to cover catering costs. Hope everyone who is
interested in the facts will be able to attend. See website for
updates: http://www.erols.com/iri
-
- Subject:
[svpvril] Re: First International Conference on Free Energy
- Date: Tue, 02 Feb 1999 07:07:19 -0600
- From: Dale Pond
- Reply-To: svpvril@egroups.com
- Organization: Delta Spectrum Research
- To: Thomas Valone
CC: duca@msw.it, haspden@iee.org,pgb@padrak.com,
john1@nidlink.com,kbala@elknet.net,
brucelc@ihug.co.nz,science@pobox.com,
brown@particlepower.com,sft@imaginet.fr,
coolwar@aol.com,rdcook@bellsouth.net,
jdecker@keelynet.com,rgeroge@hooked.net,
cincygrp@ix.netcom.com,sales@flexigloss.com,
Dear Thomas,
Thank you for extending your invitation to attend the First
International Conference on Free Energy. I think this is a good move
and is important to us all where the educational part comes in. The
government in Washington, DC has been and is still out of touch with
reality concerning a great number of things. This conference appears
to be part of a movement to bring an expanded awareness to Washington
and those that operate within its jurisdictional confines. Thank you
for going to all the trouble to put this wonderful opportunity
together.
I would immensely like to join you in your educational efforts.
You may not know this but I was born there and raised up just across
the river in Arlington, Virginia. I would love any excuse to visit
the old stomping grounds. And I may come but for one thing. In order
to attend this conference one is required: "Preregistration for
security requirements: birthdate and SS# for US citizens...". Did you
know that it is illegal to use the SS# for identification purposes?
If you didn't perhaps the government agent demanding it does not know
either? If the government doesn't know this who should know it? A
long time ago I made up my mind I would not participate in illegal
activities nor associate with those who did. So my conviction towards
being honest and law abiding would preclude me from attending this
noteworthy event because I am being asked to aide and abet a
violation of the law and waive my own rights.
If my own government does not respect my right to privacy and our
own law is it going to respect my right to property (my own
inventions)?
True, it is to my ultimate advantage to attend but it is also to
my detriment so much law is being violated in order for those who are
paranoid to feel comfortable. I do not wish to break any laws nor
cause undue ill feeling over this. If someone there can review the
law and the conference's procedures and find a way to establish an
OPEN and SHARING environment instead of one based and operated in
fear and distrust I would be more than delighted to attend. Otherwise
I will have to decline on the grounds given herein. I am including
below a short piece on the issue of Privacy Violation and the use of
the Social Security number as identification. It is most
enlightening. I trust that you will pass it around that this matter
can be moved forward without further illegalities and violations of
rights.
By the way, what interest does the Department of State have in
so-called Free Energy? Do they have a statement of policy? Seems they
are far more interested in protecting the privately owned oil, gas
and nuclear business than promoting freedom in research that would do
away with all the fun, profits and power.
Please keep me informed as to this conference and if there is a
way to attend in Peace and Sharing. I would love to bring the Musical
Dynasphere and share it's marvelous technology and beauty with
everyone legitimately participating.
- Warm regards,
- Dale Pond
PRIVACY
ACT LIMITATIONS ON SOCIAL SECURITY NUMBER
USAGE
Since many people objected to extensive loss of privacy which
accompanied the use of computers, Washington responded by passing The
Privacy Act. It stated quite simply that: "It shall be unlawful ...
to deny to any individual any right, benefit or privilege provided by
law because of such individual's refusal to disclose his social
security account number." Title 5 of United States Code Annotated
552(a) is known as The Privacy Act. Due to it, courts have ruled in
part:
"Right of privacy is a personal right
designed to protect persons from unwanted disclosure of personal
information..." CNA Financial Corporation v. Local 743, D.C., Ill.,
1981, 515 F. Supp.942, Ill.
The District Court in Delaware held that The Privacy
Act:
"was enacted for (the) purpose of
curtailing the expanding use of social security numbers ... and to
eliminate the threat to individual privacy and confidentiality of
information posed by common numerical identifiers." Doyle v. Wilson,
D.C., Del., 1982, 529 G. Dupp. 1343.
In the strongly worded Guideline and Regulations for Maintenance
of Privacy and Protection of Records on Individuals it is stated:
"(a) (1) It shall be unlawful ... To deny
to any individual any right, benefit, or privilege provided by law
because of such individual's refusal to disclose his social security
account number."
Should a right, benefit or privilege be denied you when you
decline to provide your social security number, you may file suit and
are guaranteed to win a judgement of $1,000.00 plus costs and
attorney's fees! This will be paid by the individual, business or
government agency who wronged you. The Privacy act states:
"(A) actual damages sustained by the
individual as a result of the refusal or failure, but in no case shall
a person entitled to recovery receive less than the sum of $1,000.00;
and (B) the costs of the action together with reasonable attorney fees
as determined by the court."
It is suggested that you take someone with you when you assert
your rights under The Privacy Act. They will witness the incident and
testify (if necessary) to the facts.
Courts have ruled that there are only two instances when social
security numbers must be used. These are:
1) For tax matters.
2) To receive public assistance.
In any situation not listed above, when you refuse to give your
social security number, simply present this document to any person
who seems to need one. Invite them to make a copy. Point out the
$1,000.00 penalty which is guaranteed upon showing that your rights
were violated under this act. Point out that an individual may be
personally required to pay the $1,000.00 if he/she is aware of the
Privacy Act and refuses to follow it. In Doyle v. Wilson the court
states:
"assuming that plaintiffs refusal to
disclose his social security number was a clearly established right,
where defendants could not as reasonable persons have been aware of
that right and could not have recognized that any effort to compel
disclosure of number or to deny plaintiff his refund violated federal
law, damages against defendants were barred... " Doyle v. Wilson, D.C.,
Del., 1982, 529 F. Supp. 1343.
It is quite clear that the individuals must be able to show that
they could not have been aware of the privacy act and could not have
possibly realized that their actions were in violation of federal law
in order to escape the $1,000.00 penalty.
-
Free Energy Responses
to Pond's Letter Above
-
RIGHT ON!!!
I couldn't say it any better!
Thanks,
B
--------------------------------------------
Ha!
- Great One, Dale!!!
- You know, sometimes I just forget all those digits, and maybe I
sometimes transpose a few digits...
- The Concentration camps are already built, you know...
- [Hi Guys!]...(For the email taps...)
P.
--------------------------------------------
Your thoughts on Atlin are understood....from my experience of
D.C. you would be lucky to get Atlin back to Oklahoma.
"Preregistration for security requirements." this is the standard
intelligence gathering approach...
All best
T.
-
- February 12, 1999
- RE: First International Conference on Free Energy
- Department of State, Washington, D.C.
Dear Mr. Thomas Valone,
Thank you again for the invitation to bring my 14 years worth of
research to Washington, DC and share it with the Department of State,
NASA, Department of Energy and other assorted (and unspecified)
federal and private agencies. In my earlier response to you I voiced
concern about having my right to privacy violated by the requirement
of submitting my private Social Security number and very private
birthdate supposedly for "security" reasons. Whose security are we
talking about? Have any of us committed a crime for which we are
suspect? Is there a lawfully issued warrant requiring production of
indentification documents?
Since I have never done anything to warrant suspicion from any of
our public servants I feel somewhat offended by the notion I have to
submit private information to allay their unfounded fears. I believe
an unfounded fear is called paranoia. On the other hand, we have all
seen in many forms and in many places and scenarios of federal
government agents running amuck violating the natural rights of and
bringing harm to innocent
people and their property. Therefore I feel more than justified
in asking for identification from these public servants that I may be
assured my natural and civil rights will be respected and protected
conforming to law by these same employees. Considering the violent
and wanton history of certain federal government agencies and their
agents in the past I do not think this is an unreasonable request. Do
you?
Therefore, I submit the following Public Servant Questionaire to
be addressed and answered by each public servant associated with this
conference. The last we spoke you indicated you were working for the
U.S. Patent Office. To show good faith, I would appreciate you
filling out this questionaire and returning it to the Free Energy
community. We can then all be assured (somewhat) of the good faith
usually placed in our federal employees. Such a jesture on your part
would encourage our other federal employees to do likewise.
I will post this request and your response(s) onto my web site as
a Public Notice so that others may be fully informed and encouraged
to attend your conference. http://www.svpvril.com/cofe.html
I await your soonest response.
- Warm regards,
- Dale Pond
PUBLIC
SERVANT'S
QUESTIONAIRE
Public Law 93-579 states in part: "The purpose of this Act is
to provide certain safeguards for an individual against invasion of
personal privacy by requiring Federal agencies... to permit an
individual to determine what records pertaining to him are collected,
maintained, used, or disseminated by such agencies."
The following questions are based upon that act and are necessary
in order that this individual may make a reasonable determination
concerning divulgence of information to this agency.
1. Name of public servant (please print)
.........................................
2. Residence
......................................................
City .................................. State
..................... Zip .................
3. Name of department, bureau, or agency by which public servant
is employed:
.........................................................
supervisor's name
...............................................
4. Department, bureau, or agency 's mailing
address....................................
City .......................... State ..................... Zip
.................
5. Did public servant furnish proof of identity? Yes/No
................
7. What was the nature of proof?
...........................................
6. Will public servant uphold the Constitution of the United
States?
7. Does this public servant know what my natural rights are?
8. Will this public servant help protect my natural rights?
9. Does this public servant know the restrictions against
government agents and the government in the ten Bill of Rights?
10. Can this public servant know there is no law or rule making
which allows him to violate the 4th, 5th, 7th, 9th and 10th
Amendments in the Bill of Rights?
11. Does this public servant know that when he violates 'law' he
is liable in his personal and official capacity?
12. Does this public servant know that under Constitutionally
guaranteed common law violators of my natural rights may be held
liable for damages of my natural rights under the Laws of Nature's
God and can be held accountable in the personal and/or official
capacity?
13. Will public servant furnish a copy of the law or regulation
which authorizes this investigation or request for private
information?
14. Will the public servant read aloud the portion of the law
authorizing the request for private information?
15. Are the answers to the questions or requests for private
information voluntary or mandatory?
16. Are the questions to be asked based upon a specific
law/regulation, or are they being used as a discovery process?
17. What other uses may be made of this information?
18. What other agencies may have access to this information?
19. What will be the effect upon me if I should choose not to
answer any part or all of these questions or requests for private
information?
20. Name of person in government requesting that this
investigation or request for private information be
made...................................................
21. Is this investigation 'general' or is it 'special'?
22. Have you consulted, questioned, interviewed, or received
information from any third party relative to this investigation or
request for private information?
23. If so, the identity of such third
parties................................................
24. Do you reasonably anticipate either a civil or criminal action
to be initiated or pursued based upon any of the requested
information?
25. Is there a file of records, information, or correspondence
relating to me being maintained by this agency? If yes, which and how
do I identify and obtain a copy of it?
26. Is this agency using any information pertaining to me which
was supplied by another agency or government source?
27. If so, please deliver to me a copy of that information. I
demand the documents be delivered within 10 days. The very existence
of these documents may already be damaging my rights and privacy for
which some one needs to be held accountable.
28. Will the public servant guarantee that the information in
these files will not be used by any other department other than the
one by whom he is employed? If not, why not?
If any request for information relating to me is received from any
person or agency, you must advise me in writing before releasing such
information. Failure to do so may subject you to possible civil or
criminal action as provided by the act.
--------------------------------------------------------------------------------------------------------------
PUBLIC SERVANT'S DECLARATION
I (public servant's name here, please print)
............................ declare that the answers I have given to
the foregoing questions are complete and correct in every
particular.
X ____________________________ Date:
________/_________/_____________
Witness:________________________
Witness:__________________________
Threaded Responses
2/13/99
- Subject: Re: First International Conference on Free Energy
- Date: Sat, 13 Feb 1999 09:22:00 -0600
- From: Dale Pond
- Organization: Delta Spectrum Research
- To: Thomas Valone
CC: SVPvril Forum <svpvril@egroups.com>,Jim & Janet
Meisinger ,Patrick Bailey
,Jerry Decker,Toby Grotz
Thomas Valone wrote:
- > Dear Dale, I remember you as a level-headed, intelligent man
with a great
- < amount of information to share with us about Keely. Perhaps
you might be
- < interested in being a part of this event with an exhibit
booth at the
- < Conference on Free Energy, or even to lead a workshop (only
two slots are
- < left). Seeing that this will be a very historic occasion
with many people
- < in DC learning about free energy for the first time, perhaps
you might be
- < a little less militant about a simple number?
Hi Thomas,
Thank you for the stereo-typical lock-step response. I am not
militant as you well know - I do not even own a gun. (Washington does
and they do not hesitate to use them.) To seek verification of who I
deal with is a legal, simple and innocent prodecure. I am saddened to
see you perceive a question of authority as a threat.
The use of the SS# is not a simple number - it has become an
identification system - contrary to the law and original intent as
Janet M. so appropriately pointed out in
her response to you, shared with others. The denial of access to your
meeting being predicated on the SS# is also in violation of the law.
I am a law abiding citizen. Apparently you and the other organizers
of this meeting are not. Why would I wish to participate in a
gathering of outlaws who repeatedly show distain and disrepect for
the law and me and my rights? How could I possibly feel comfortable
or be safe in such a fear-filled environment? I do not cater to or
associate with those who willing and intentionally violate the
law.
It is the law that public servants identify themselves when asked.
You were politely asked. Otherwise we are all subject to possible
fraud and false presentment of authority. It is a shame you choose to
ignore the law and willfully refuse to supply the legally requested
information.
- >
- > 13. Will public servant furnish a copy of the law or
regulation which
- > authorizes this investigation or request for private
information?
- >
I guess we got your answer. There isn't any so how could you
furnish it?
- <
- > If you must know, armed
- < security guards protect the State Dept. which now also has a
new concrete
- < barrier around the whole building thanks to our actions in
Iraq. A couple
- < of months ago, some guy ran past a guard in the White House
and shot the
- < second guard who subsequently died. Government offices
attract those
- <types sometimes. Most importantly, I understand that Clinton
and Albright
- <will be in the other auditorium down the hall from our
conference during
- <one of the two days. I have to supply a list of attendees
with their SS#
- <and birthdates so that the Dept. of State Security will issue
an
- <admission badge to each of them. It is not my rule but theirs.
It saddens me to see what I remember as a beautiful and gentle
city become a barricaded steel and concrete armed camp of paranoia.
Is every doorway a check point now? ("Your papers (SS# & BD),
please!") When I as a child we used to swim in the many fountains
scattered around the many beautiful parks. We visited the many public
buildings and museums. (Is a "visitor's pass/permission/licence"
required in all them too now?) Those days were a happy experience for
me. No doubt just being there is unsafe and illegal now too. We used
to fish in the Tidal Basin from time to time. Guess that is being
denied to the people too? (With appropriate papers, i.e.,
"pass/license/permission" is it OK, right?) Maybe; sounds like the
whole place has gone to hell......
Sorry to hear you are being "forced" to break the law so innocent
people can attend your conference. The standard excuse for ignoring
the law and violating people's rights is to scream "National Security
made me do it" and it is for our own benefit. Hitler did it. Stalin
did it. Why would Washington do any different? Why should you be any
different? That is the same excuse they use to steal patents right?
The excuses given for the innocent to waive their rights are lame as
others have pointed out.
I'm not the militant/terrorist in this scenario. I did not bomb
Iran, Iraq, Somalia, Haiti, Libya, Waco,
etc. What do I have to fear? Those who wage vicous war on law-abiding
civilians (terrorism) are always afraid and live constantly in fear
of the innocent. Has Washington become the leading terrorist
organization in the world today? Should we take a boomb, plunder and
body count? DP
- < If you can't be a part of this great event for fear of your
rights being violated,
- <then sit at home and watch it on the Internet since we will
also have pay-per-view
- <simultaneous netcasting as well. It's your call. -Tom Valone
There is no doubt now my rights and the law have no meaning to you
or the others organizing this conference. So I was right all along in
bringing this issue up. My concerns were justified and have now been
confirmed by you.
Besides all this if I attended it might be viewed as me condoning
and supporting all this law breaking and disrespect. My involvement
with the Free Energy movement goes back to 1983 and the initial
meeting forming the International Tesla Society. I love the people
associated with this movement and have myself contributed much in
terms of education, support, ideas and patronage to many lay people,
inventors and conferences. The integrity of the movement is of
concern to me. It appears to be in jeopardy at this moment just when
so much is about to bear fruition for so many. The integrity of the
movement is a reflection of the thoughts and actions those involved
in it. I first met you in 1986 at the Tesla Conference in Colorado
Springs. I attended your lecture on monopolar motors which insightful
information I treasure to this day. I ask you to reconsider your
position, thoughts and actions.
Personally, I see little if any benefit whatsoever in waiving my
rights and needlessly exposing my research so I can be subjected to
further disrespect and be exposed to more lawlessness. I remember the
hell Newman went through at the hands of the National Bureau of
Standards, our fine employees. Is he coming? Maybe his story could
teach us something. Nor do I see any benefit coming from parading
(for free) my many years of research before outlaws, assorted and
unspecified agents, liars, politicians, prostitutes and theives. I am
expected to come there on my own money and time right? For whose
benefit? I think this whole thing is backwards and upside down. Maybe
when love and fellowship returns to Washington I can come. Let me
know when the barriers put up by fear are torn down and respect for
the innocent is again heard from our employees as they tend the
doorways of our own buildings.
The future, of course, will bring us the "rest of this story" as
it unfolds. I've always respected you Thomas. I'm sorry to see things
as they are now. A bright and wonderful future is just a mind-change
away....
- --
- Warm regards,
- Dale Pond
Free
Energy Responses
Mr. Valone,
Only in nazi, fascist or communist countries are people required
to be identified by a numbers. Please explain to me how accepting a
'number' as identification makes me more credible or less a criminal?
I thought only 'criminals' are numbered, correct? If you will do some
homework, you will find that the social(ist) (in)security number was
fraudulently foisted upon most of us long before we were old enough,
by law, to contract. There are many books out now, by learned people,
disclosing how the whole SS system is a ponzi scheme, based on
non-disclosure fraud. There is no 'security account' in your name. It
is just another graduated tax against the people to add to the other
2nd plank of the communist manifesto: "a strong and progressive
income tax" to enslave the people. I'm sure our forefathers would be
shocked at the low level of knowledge of supposed learned people in
our country, today. And their willingness to buy into
fascist/communist/and nazi ideals.
I don't know about you, but once I was notified of the SS# fraud
and recognized the SS# fraud, which is crime, I wondered why would
anyone want to particpate in these unAmerican crimes?
your message states:
- >"armed security guards protect the State Dept. which now also
has a new
- >concrete barrier around the whole building thanks to our
actions in Iraq."
Excuse me, it was not 'our actions in Iraq.' Most of us have been
appalled at the stupidity and criminal aggression against other
countries by a handful of degenerates in Washington, DC for decades.
And we have protested their unAmerican and evil activities for
decades. Do not include us in the 'our'. We don't buy it - although
we may all have to pay for it!!!
- >"A couple of months ago, some guy ran past a guard in the
White House and
- >shot the second guard who subsequently died. Government
offices attract
- >those types sometimes."
To quote one of our forefathers, "It is not rebels that make
trouble, it is trouble which makes rebels." And certain degenerates
in D.C. create so much trouble in the world it is mind-boggling!
- >"Most importantly, I understand that Clinton and Albright
- >will be in the other auditorium down the hall from our
conference during
- >one of the two days. I have to supply a list of attendees
with their SS#
- >and birthdates so that the Dept. of State Security will issue
an
- >admission badge to each of them. It is not my rule but
theirs."
You know what? I would never uphold unAmerican rules. How does
'numbering' our American brothers and sisters give us/them any more
credibility or make them 'more safe'? The reasoning behind that is
not only ludicrous, it is most communist/fascist/nazi , indeed. We
can certainly see the parallels to how the German people followed
nazi rules in order to 'get along' until there was no rights or
freedom - just nazi tyranny.
- >If you can't be a part of this great event for fear of your
rights being
- >violated, then sit at home and watch it on the Internet since
we will
- >also have pay-per-view simultaneous netcasting as well. It's
your call.
- -Tom Valone
I would not pay to watch people who have forgotten the founding
principles of America do anything. I know that our Creator, upon
whose immutable laws this country is founded, will provide us a way
to learn and know about outstanding inventions without having to
acquiesce to unAmerican, evil, enslaving rules. I'd much prefer to
attend the conference in Seattle. Sounds much more fun! And more
American!!!
In support of a true American, Dale Pond, I am,
Janet Lee: Meisinger
First Assembly of People in Colorado Grand Jury
P.S. I have volunteered at many New Energy conference in Denver
and Fort Collins. I'm glad we upheld American Laws and Freedoms
here!!!
PPS to Dale: Please send this to your entire list. My server said
it was too many addresses for me to mail. :( Janet
----------------------------------------------------------
Hi Dale et al!
This is being cc'd and bcc'd to a few folks because Dale has
brought up an interesting point about this upcoming Free Energy
Conference in Washington. That you have to give your SSN to get in.
What an opportunity for mischeif. Dale has most of it posted at his
website and it is enfolded in the email from the KeelyNet discussion
list below;
http://dallastexas.net/keelynet/archive/00002637.htm
I wouldn't go that one if I won the bet and my way was paid. Just
don't need that kind of weirdness and control in my life, not to
mention the distinct possiblity of making yourself a target,
depending on your involvement with alt sci.
Dale, feel free to use any of that you might want and thanks again
for bringing it up, might save someone some serious headaches in the
future.
--
- Jerry Wayne Decker
- http://keelynet.com / "From an
Art to a Science"
- Voice : (214) 324-8741 / FAX : (214) 324-3501
- KeelyNet - PO BOX 870716 - Mesquite - Republic of Texas - 75187
-
-
-
Responses
of 2/14/99
-
- Valone wrote: (2/14/99)
-
- >Dale, If you believe the law is being broken by screening
attendees by
- >the ss# and birthdate, then call the State Dept. 202-647-0444
and let them
- >know. Listen carefully to the recorded message in case you
get it.
-
- Hi Thomas,
-
- I have no doubts whether my rights are bring violated. They are;
and willfully at that. I'm including quotes from the law itself. These
should help you see this whole affair is transcending friendship,
common sense and the law. Please share it with your sponsors of the
conference. It is my legal right to refuse to divulge my SS#. This
conference or any of its sponsors, including the State Department, have
no right to require I give it up. (Please excuse the necessary
legalese.)
-
- The Privacy Act states quite simply that: "It shall be unlawful
... to deny to any individual any right, benefit or privilege provided
by law because of such individual's refusal to disclose his social
security account number." Title 5 of United States Code Annotated
552(a) is known as The Privacy Act.
-
- Due to it, courts have ruled in part:
-
- "Right of privacy is a personal right designed
to protect persons from unwanted disclosure of personal information..."
CNA Financial Corporation v. Local 743, D.C., Ill., 1981, 515 F.
Supp.942, Ill.
-
- The District Court in Delaware held that The Privacy Act:
-
- "was enacted for (the) purpose of curtailing
the expanding use of social security numbers ... and to eliminate the
threat to individual privacy and confidentiality of information posed
by common numerical identifiers." Doyle v. Wilson, D.C., Del., 1982,
529 G. Dupp. 1343.
-
- In the strongly worded Guideline and Regulations for Maintenance
of Privacy and Protection of Records on Individuals it is stated:
-
- "(a) (1) It shall be unlawful ... To deny to
any individual any right, benefit, or privilege provided by law because
of such individual's refusal to disclose his social security account
number."
-
- The Privacy act provides for damages:
-
- "(A) actual damages sustained by the individual
as a result of the refusal or failure, but in no case shall a person
entitled to recovery receive less than the sum of $1,000.00; and (B)
the costs of the action together with reasonable attorney fees as
determined by the court."
-
-
--------------------------------------
-
- Below is the government's own web site on this issue. I suggest
you review it and bring this to the attention of the State Department.
Apparently they are not aware of the law either. Do they even care? Why
do we pay them? (Ignorance of the law is no excuse and does not relieve
anyone of possible penalities for damages.) For more details see their
complete web site:
-
- http://www.dfsc.dla.mil/main/foia/foia.htm
-
-
DEFENSE ENERGY SUPPORT CENTER
(DESC)
-
Freedom of Information Act (FOIA) And Privacy Act
-
- Welcome to the Defense Energy Support Center (DESC), Freedom of
Information Act (FOIA) Home page. We are located at the Defense
Logistics Agency, Headquarters Complex, 8725 John J. Kingman Road,
Suite 4729, Fort Belvoir, Va 22060. DESC's FOIA and Privacy Act Officer
is Landis B. Webb. He can be reached at (703) 767-8601, by fax (703)
767-8745, or by email at lwebb@desc.dla.mil.
-
- 1. General Overview of the Freedom of Information Act (FOIA) and
the Privacy Act
-
- The FOIA, enacted in 1966, provides that any
person has the right to request access to federal agency records or
information. Federal agencies are required to disclose records upon
receiving a written request for them, except for those records that are
protected from disclosure by the nine exemptions and three exclusions
of the FOIA. This right of access is enforceable in court. The FOIA,
covers all records in the possession and control of federal executive
branch agencies.
-
- The Privacy Act is another federal law
regarding federal government records or information about individuals.
The Privacy Act establishes certain controls over how the executive
branch agencies of the federal government gather, maintain, and
disseminate personal information. The Privacy Act also can be used to
obtain access to information, but it pertains only to records that the
federal government keeps about individual U.S. citizens and lawfully
admitted permanent resident aliens.
-
- The Privacy Act, passed by Congress in 1974,
establishes certain controls over what personal information is
collected by the federal government and how it is used. The act
guarantees three primary rights: (1) the right to see records about
oneself, subject to the Privacy Act's exemptions; (2) the right to
amend that record if it is inaccurate, irrelevant, untimely, or
incomplete; and (3) the right to sue the government for violations of
the statute, including permitting others to see your records, unless
specifically permitted by the act. The act also provides for certain
limitations on agency information practices, such as requiring that
information about an individual be collected from that individual to
the greatest extent practicable; requiring agencies to ensure that
their records are relevant, accurate, timely, and complete; and
prohibiting agencies from maintaining information describing how an
individual exercises his or her First Amendment rights unless the
individual consents to it, a statute permits it, or it is within the
scope of an authorized law enforcement investigation. [end quote]
-
-
- >I organized this conference myself and accepted the offer of
space at the
- >State Dept. I believe it will help educate people in the DOS,
DOE, and
- >NASA who are all being invited by email BECAUSE it is within
the State
- >Dept. building.
-
- No doubt your personal intentions are (probably) honorable. But
ignorance of the law is no excuse. Education is primary and this
correspondence with you is certainly educating a lot of people!!!
-
- Please review this quote from the Privacy Act above. It says in
part:
-
- "The FOIA, enacted in 1966, provides that any
person has the RIGHT TO REQUEST access to federal agency records or
information. Federal agencies are REQUIRED to disclose records upon
receiving a written request for them..." (emphasis added)
-
- You and the State Department have not fullfilled my written
request (PSQ) or honored the legal
requirement to provide same (yet). When may we expect this to be
completed?
-
- I fully support your effort to educate the hordes of bureaucrats
swarming all over this country eating us out of house and home. Free
rent at the State Department must come at a price (there are no free
lunches). If the price is not visible then it is hidden/occulted. What
might that be?
-
- >Email works wonders except when lengthy questionaires
- >like yours are now being interpreted as originating from me!
(Remy is now
- >telling everyone that they have to fill out an unbelievably
lengthy
- >questionaire to get in.)
-
- I'm sorry others have difficulty reading email. I am not
responsible for other people's misinterpretations and actions. Is the
government ignoring or otherwise misinterpreting my request for
information? Is the pot calling the kettle black?
-
- >Are you interested in helping the Free Energy movement?
-
- What a ridiculous question, Thomas. Ha! Please go back and reread
my earlier posts. I helped (in a major way to) make the Free Energy
movement what it is today. If you haven't seen my web site then please
do so. The site has had over 400,000 hits from about 60 different
countries. Many, MANY complete copies of this comprehensive educational
site have been downloaded in many different countries already. My books
and videos have sold in the tens of thousands. The entire SVPvril web
site is about Free Energy, free thinking and the FREEDOM to use and
enjoy them both. All of my effort has been about education and the free
distribution of reams of knowledge that one day the damages done by the
bogus pseudo-government created and supported (mis)education system can
be corrected - that we might, one day, find the illusive Free Energy
(and other benefits) subject of your conference.
-
- So, what is the Free Energy movement Thomas? It is the people
making it happen. People are tired of being preyed upon as though they
were a herd of cattle to be milked of their money, property, rights and
very life blood, only to later be harvested and consumed by __________
(fill in the blank yourself). Why else would anyone number
cattle/people so as to track them from cradle to grave? The Free Energy
people seek FREEDOM from coercion, invasion of rights and the ughliness
of a "system" that forces the use of polluting and deadly processes
like oil, gas and nuclear death-traps. People do not like paying (by
giving up their rights and property) for what is naturally theirs -
freedom to associate at conferences, expression, life, liberty and
pursuit of what they feel makes them happy.
-
- In the end there is only one position and that is: We can not
have Free Energy unless we have the FREEDOM to use and enjoy it.
Otherwise it starts costing us.... it is no longer free.
-
- If our own government (the world's champion of freedom) runs
rough-shod over our rights how can there be freedom when freedom is
defined as our free exercise of those rights?
-
- This whole affair suggests much more scrutiny as to fundamental
concerns. Without our rights we are nothing but owned peons subject to
the whims of any bureaucrat and whatever motivates them (greed, power,
attitude). A review of the Patent
Secrecy Act reveals just one more example of the
pseudo-government's war on private property and rights.
-
- As a long-time acquaintance I ask please do not take anything
I've written you as personal as none of it is meant to be an attack
upon you or your person. We have all been duped and misled in our
so-called up-bringing (training) and "education".
-
- Somehow and somewhere this issue has touched some nerves and
buttons. I have been receiving a lot of supportive email. So much
unsolicited support comes as a pleasant surprise to me. Maybe there is
hope America can regain her freedom if enough people care. You do care
about our freedom don't you Thomas? Maybe this issue raised by your
Conference is a blessing in disquise allowing us a deeper looksee into
what the "Free" part of "Free Energy" is really all about. Why do we
even pursue so-called Free Energy?
-
- We are striving to be free in our expressions, our ownership of
property, our rights to privacy and pursuit of happiness. Being forced
(by artificially contrived lack of alternatives) to breathe deadly
gases, live in poisonous emf fields, eat DNA destructive foods and
patent medicines is not being free. It is being used as a source of
income and power for the elite (whoever they are). Maybe these are the
ones who consider themselves above the law and do not have to obey it?
-
- A free thinking and aware people will not willingly choose to
forego any of their rights, property and life if given the chance to
understand the hidden costs in such things like "free rent" at the
State Department. Like I said earlier: There ain't not such thing as a
free lunch.
-
- I concur with Jerry's eloquent presentation of this whole issue:
-
- http://dallastexas.net/keelynet/archive/00002637.htm
-
- I hope we can draw a close to this sordid matter. I would however
like one of our over-paid employees in Washington to honor the law,
their job and my legal and formal request for information concerning
the requirement of furnishing private SS#, etc. as a prelude to
attending this conference. There is so much curiosity stirred up over
this I'm sure the answers to the Questionaire would be relished by
those attending and those preferring not to attend. For some of these
people's enlightening comments on this SS# thingie please see the
recording web page:
-
Responses
more responses
- --
- Warm regards,
- Dale Pond
-
-
State
Department Acknowledges law, but....
Subject: CoFE
- Date: Sun, 24 Jan 1999 22:24:29 -0800
- From: Thomas Valone
- Organization: Integrity Research Institute
- To: pgb@padrak.com
- CC: dalepond@svpvril.com, reed@zenergy.com
Hi Pat,
Thanks for the summary email for CoFE. Due to Dale's quoting of
the legal stuff, I check with another person at the State Dept. and
he said Dale was right and furthermore, a driver's license or US
passport number is okay for the admission badge. Perhaps a followup
email to let people know will help. Is the INE mailing list available
for a one-time use? We succeeded in getting the US Energy
Association's mailing list which is very prestigious. Thanks again.
-Tom Valone, President
Patrick Bailey wrote:
-
- > Regarding the April International Free Energy Conference in
WDC, per my previous email:
- >
- > a SSN is NOT required (thanks to Dale Pond!):
- >
- > Tom Valone says:
- >
- > and furthermore, a driver's license or US passport number is
okay for the admission badge.
- >
- > Thanks Dale.
- >
- > Thanks Tom!
National
ID (whatever the document) is still invasion of
privacy
- Subject: [Fwd:National ID Card Protest at Idaho Department of
Fish & Game]
- Date: Thu, 18 Feb 1999 04:36:37 -0600
- From: Dale Pond
- Organization: Delta Spectrum Research
- To: Thomas Valone ,
- Patrick Bailey
Hi Guys,
Thanks for the update Thomas about passport and driver license
numbers (both computer linked to SS#). Maybe one day the message will
sink in. The attached makes the point that a number is still a number
and invasion of privacy is still invasion of privacy. Substituting
one set of identification papers for another does not address the
real issue. Handing over my private identification papers to those
who ordinarily do not care about my person or rights is an oxymoron.
Wish you luck - you are going to need it.
- Warm regards,
- Dale Pond
-
- ===================================================
-
- Subject: [FP] National ID Card Protest at Idaho Department of
Fish & Game
- Date: Tue, 16 Feb 1999 23:05:34 -0600
- From: "ScanThisNews"
- Reply-To: owner-scan@efga.org
- To: "ScanThisNews Recipients List"
====================================================
SCAN THIS NEWS
2/16/99
Interestingly, at his most recent State of the Union Address
President Clinton honored the icon of civil disobedience, Rosa Parks.
Is it now time for all freedom loving Americans to engage in similar
acts of civil disobedience such as practiced by Mrs. Parks at the
cost of possibly losing one's hunting or fishing license?
Unfortunately, this is much too great a price to pay for most soft
Americans today. Suck up America, you'll reap what you sow.
- ====================================================
- From: W.G.E.N.
- Sent: Tuesday, February 16, 1999
- To:
- Subject: NID:National ID Card Protest at Idaho Department of Fish
& Game
>From the February 1999 Idaho Observer:
National ID Card Protest at Idaho Department of Fish &
Game
Although you will undoubtedly find Mr. Hoover's tactics in the
following story to be humorous, the issue that he is addressing is
not at all funny.
The interesting thing about science fiction is that the moment an
imaginative writer commits his futuristic fantasies to paper, an
engineer starts building them.
We have all seen the movies which depict future societies where
the people have their numbers tattooed to their foreheads or they can
be identified by running their hand over a scanner. Well, welcome to
the future because the future is almost here. ~DWH
by T. Allen Hoover
Recently, The Answer Man column told of a hunter at the Idaho
Department of Fish & Game offices writing his Social Security
Number (SSN) on his arm so people wouldn't overhear. In fact, this
was a protest of the Idaho statute that submits to a federal
regulation demanding SSNs be recorded on all licenses, drivers,
occupational, professional, recreational and even marriage
licenses.
These laws violate Section 7 of Public Law
93-579 (Privacy Act of 1974):
(a)(1) It shall be unlawful for any Federal, State
or local government agency to deny to any individual any right, benefit
or privilege provided by law becauseof such individual's refusal to
disclose his social security account number.
National Identification Cards are control tools in totalitarian
police states. Our laws, supposedly to find deadbeat dads, create a
defacto National ID with this law. Will other freedom-restricting
laws soon follow?
Like roadblocks to check child car seats, or suspected failure to
use seatbelts as probable cause to effect a car stop (and a
search)?
As Mark Twain said, The last refuge of a scoundrel is the
children.
As a clerk demanded my SSN in order to get elk tags (I had a
license before this law), I put on a WWII-era, Jewish Star-of-David
Armband from the Nazi Mauthausen concentration / death camp and wrote
my SSN on my arm. This was my protest to being numbered. Despite a
Channel 2 news crew videotaping this, and a Channel 7 news reporter
present (mumbling Black Helicopters...yeah right ), no mention of
this protest made the evening news.
Ridiculing those who question our seduction into a police state is
Politically Correct -- a phrase coined not by the liberal left, but
by the late Chairman Mao Tse Tung of Communist China, whose tradition
of executing political dissidents continues and whose money
influences our elections.
There is no law requiring one to obtain a SSN, so why has the
legislature passed statutes demanding them? Why are children, at
birth, forced to have a SSN to be an exemption on income taxes?
Elsewhere, police have, despite other ID's, arrested people who
refuse to give a SSN upon demand. Before boarding an airplane a
Government Issued Photo ID is demanded, even though this is not law,
merely an FAA recommendation. You cannot travel without papers.
After WWII, Germans were asked how they had let it all happen,
they answered, We all had jobs and the trains ran on time.
Possession of cash is evidence of possible drug dealing and
frequently asked about, then confiscated during traffic stops as the
Dateline NBC TV program discovered. Forfeiture laws permit police to
confiscate cash as it may have committed a crime. With Y2K problems
looming, people withdraw cash. Federal agencies propose Know Your
Customer banking regulations, wherein your banker examines your
normal transactions, reporting irregularities to the government. It
should be the Prove you are not a criminal law.
Tacitus, the Roman General, from whence we get the word 'Tactics,'
once said that, The corruption of a society can be measured by the
number of its laws.
My old SSN card states "For Social Security and Tax purposes-Not
for Identification."
In my years of hunting, I would have reported poachers, yet lately
there are hunters who tried to buy a license but refused to give a
SSN, are they now poaching, or protesting?
Are Americans co-dependant to government's obsessive 'control
issue' problem?
Support HR-220 IH, the 'Freedom and Privacy Restoration Act of
1999' in Congress, and State Representative Twila Hornbeck's bill to
restore freedom in Idaho (RS08465).
I will, for I am NOT a Number, I am a Free Man!
Mr. Hoover is a Boise-area businessman who specializes in
preparedness supplies. He is also an "armorer" who has been supplying
the police and the public with body armor for several years.
---------------------------------------------
- The Idaho Observer
- P.O. Box 1353
- Rathdrum, Idaho 83858-1353
- Phone: 208-687-9441
- Email: observer@dmi.net
- Web: http://proliberty.com/observer/
==================================================
- Don't believe anything you read on the Net unless:
- 1) you can confirm it with another source, and/or
- 2) it is consistent with what you already know to be true.
=================================================
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-
- Subject: Re: SSN is NOT Required at the CoFE
in WDC in April
- Date: Sat, 20 Feb 1999 21:51:48 -0700
- From: JIM MEISINGER
- Organization: EAGLES NEST HOLDINGS
- To: Patrick Bailey,
- Pond Dale ,
- Thomas Valone
Dear Patrick,
A number, is a number, is a number. Only in communist/fascist/nazi
countries and/or in prisons are people 'numbered'. Only in
communist/fascist/nazi countries do people need to 'show their
papers' everywhere they go. Let's face it, showing a bit of paper
with a number on it does not change our 'intent'. Criminals will do
criminal acts with or without a number/ with or without papers. Both
Dale and I have studied the law and realize that any numbering or
violation of our private rights is unAmerican in nature. I have
volunteered at several new energy conferences in Colorado and we have
never expected people to do unAmerican acts in order to attend.
- Best Regards,
- Janet Lee: Meisinger
-
- cc: Dale Pond
- Thomas Valone
-
- Subject: Congrats!!
- Date: Sun, 21 Feb 1999 02:58:54 -0600
- From: "Jerry W. Decker"
- Organization: KeelyNet
- To:
-
- Hi Dale!
-
- Patrick sent me an email about the SSN 'concession'...damn,
that's great, your balls have grown much bigger than I
remember..<g>...I have it posted at; http://www.keelynet.com/ssnnot.htm
SEEYA!
- --
- Jerry Wayne Decker / jdecker@keelynet.com
- http://keelynet.com / "From
an Art to a Science"
- Voice : (214) 324-8741 / FAX : (214) 324-3501
- KeelyNet - PO BOX 870716 - Mesquite - Republic of Texas - 75187
-
- Subject: SSN?
- Date: Sun, 21 Feb 1999 00:03:46 -1000
- From: <>
- To: dalepond
-
-
- Wm Perry wrote:
-
- >I have read your book "Nikola Tesla's Earthquake Machine"
- >and wanted to say WOW! It was good. I have been looking for
your
- >other book "Universal Secrets never before revealed" I think
>
- >that is what it was called. It is rather difficult here to
find.
- >
- Hi Bill, Thank you for the kudos on the book. The UL book can be
found on my catalog page:
-
- >
- > When you and Jerry Decker say it is illegal to require an
SSN for
- > identification, does that apply to all those bastards who
insist on
- > putting it on your check if you have a military ID? I am in
the Navy
- > stationed in Pearl Harbor and it really pisses me off. I
like to write
- > checks for my purchases as cash is not something you should
carry
- > around in large quantities. Once they see my military ID,
the cashiers
- > INSIST on putting my SSN right on the check. One time, I
ordered a
- > pizza and had it delivered to my house. I had had a really
bad day
- > already. All the pizza delivery services here ask for the
SSN over the
- > phone, and if you don't tell them (over the phone), they
will actually
- > refuse to serve you. I was so pissed that night that I put
my SSN, my
- > DOB, my age, etc. Wonder if they noticed?BillP
-
- It is illegal to deny service because a person refuses to divulge
his or her SSN. Does this apply to military personnel? I dunno. The
military is a special case and when operating on a legal military base
makes it doubly questionable. Maybe you could print off the SSN law
portion and show it to the pizza people and see if their lawyers can
verify this or not? I'm not a lawyer so I am not the one to ask. I'm
sure the pizza people are "just doing their job" and are as ignorant of
the law as we all are. A little education can go a long way. I suggest
you read very carefully the page cataloging this SS issue:
-
- http://www.svpvril.com/cofe.html
-
- Some specific laws are quoted thereon but you need to do more
research to see if any of it applies to you specifically. Thank you for
your support in protecting our privacy from those who don't appear to
care about it - or doing the jobs they are being paid to do.
- --
- Warm regards,
- Dale Pond
-
-
-
- Subject: Re: [fwo] [BBAL,SOLU} Your
Papers, Please!
- Date: Mon, 22 Feb 1999 11:04:51 -0600
- From: Frog Farmer
- To: "
-
- Dale Pond wrote:
- >
- > I got a live one to untangle. Recently a conference was
called on New
- > Energy subject matters to be held in Washington, DC at the
State
- > Department this coming April. They required SS# and
birthdate to enter
- > the door. I informed them of the illegality of this and
eventually they
- > relented. BUT they now require a Passport or Driver's
Licence number to
- > get in the door! It's actually kind of funny in a sad sort
of way.
- > My question to this forum is: What now? Any frogets? I have
no real
- > interest in attending personally. I've gotten a lot of email
on the side
- > revealing all kinds of admonitions about this meeting - all
positive to
- > my cause I might add. My original intent was to alert many
who never
- > knew better they have rights, etc. This is working. What is
an
- > appropriate response to the "Your papers, please!" command?
-
- "What papers?"
-
- "Your passport or driver's license."
-
- "I don't have a passport. Does this mean I'm to be deported?"
-
- "What about your driver's license?"
-
- "I don't have a driver's license. I took the bus to get here, and
I'm taking a cab to go out to dinner later. Do I need to know how to
drive in order to share my information regarding free energy?"
-
- "Surely you must have some ID."
-
- "Would my name on my underwear be good enough for you? Look, it
matches the name Mom wrote inside my boots..."
-
- "You can't get in here unless we know for sure who you are."
-
- "Go inside and get the man who invited me to waste my time with
the likes of you. He ought to know who he invited, shouldn't he?"
-
- "He isn't a real person. We suckered you in so we could seal the
hall and gas you all so that our owners could continue to poison the
planet by burning fossil fuels. I'm just a stooge doing my job for this
Friday's paycheck. I hope you understand. I have a family."
-
-
-
- Subject: Re: IMPORTANT ANNOUNCEMENT
- Date: Tue, 23 Feb 1999 00:04:53 -0600
- From: "Jerry W. Decker"
- Organization: KeelyNet
- To: Trevor Osborne
- CC:
-
-
-
- Hi Folks!
-
- ...Beware gift horses...
-
- Well now, doesn't this just make ALL the difference, that our
glorious State Department would out of the blue become interested in
Free Energy?
-
- And isn't it interesting that NASA has, (coincidentally with this
State Department affiliated conference), after all these years, out of
the blue, put up $600,000 to test the so-called 'anti-gravity' effects
reported in the Podletnekov experiment? An experiment first done in
1991, fully 8 years ago??
-
- Ask yourself, what has changed to evoke such government interest
when there is still no free energy device that has been practically
demonstrated or sold commercially?
-
- The Podletnekov experiment yielded about 1% weight loss ONLY in
the zone above the stimulated SHC, never mind that John Schnurer of
Antioch University, improved the experiment and got an 11 time
repetition with 5% weight loss, but was he called or consulted by
NASA....no.
-
- It's not antigravity by any stretch of the imagination but if
NASA HAS to spend our money, spend it on an American who has FAR
EXCEEDED the original. John is at herman@antioch-college.edu
and could certainly do wonders with that money.
-
- Now let's look at this sudden interest in Free Energy - not by
DOE, the government agency in charge of Energy, but by the State
Department, a department completely unrelated to energy.
-
- Ask yourself - How many F/E conferences have been held in the
past? How many had an F/E device that is now in use, that was ever sold
and worked, or that had plans which once built worked? NONE.
-
- How many of you are aware of the initial REQUIREMENT of this
State Department affiliated conference that no one be allowed to attend
the conference unless they provided their Social Security Number (SSN)
which is against US law?
-
- How many of you are aware that ONLY Dale Pond questioned this SSN
as identification requirement? (no government official thought anything
about checking the legality including the STATE DEPARTMENT! )
-
- How CONVENIENT FOR THEM to have 'forgotten' it was illegal and
just make it a requirement that if you wanted to attend, perhaps NO ONE
WOULD BALK at it or otherwise question the requirement?
-
- Dale pointed out that it was illegal and was promptly called a
'militant'!
-
- How many of you are aware that Dale's steadfastness against this
ILLEGAL policy resulted in the State Department and the conference
organizer(s) backing down, ADMITTING IT WAS IN FACT ILLEGAL and
rescinding the requirement?
-
- How many of you are aware that this compliance with US law was
followed up immediately with a REQUIREMENT that anyone attending the
conference must NOW provide a Drivers License OR a Passport?
-
- And how many of you have seen this peculiar response from one of
the conference organizer(s)?
-
- ========================
- Date: Mon, 25 Jan 1999 18:06:55 -0800
- From: Thomas Valone
- Organization: Integrity Research Institute
-
- Even with three choices for admission, you people are still up in
arms?
-
- Have you ever written a check at a grocery store or post office?
Try to keep your driver's license number hidden in those situations!
Maybe you're ready for the new "thumbprint" machines now being released.
-
- These machines nicely comply with all of your demands...no
numbers.
-
- Sincerely,
- Thomas Valone, M.A., P.E.
- COFE Conference Coordinator
- ============================
-
- This isn't about cashing a check but its a great try at diverting
concerns, though a miserable failure. Note the comment, 'even with
THREE CHOICES for admission'. As in SSN, DL or passport, YOUR CHOICE,
WOW!
-
- Isn't this peculiar? Being a REQUIRMENT in ANY WAY that you
IDENTIFY yourself at ANY public meeting and that the organizer(s) have
NO PROBLEM with it?
-
- In my lifetime;
-
- I have NEVER HAD to identify myself at local lectures.
- I have NEVER HAD to identify myself at movies or theaters.
- I have NEVER HAD to identify myself at public meetings or
lectures.
-
- All of which involved information or entertainment as does a
conference.
-
- Have you had to identify YOURSELF before?
-
- Why here? Why THIS conference? What is the ONE DIFFERENCE?
-
- If that IDENTIFICATION REQUIREMENT (no matter now whether it is
DL or passport) is by ORDER of the State Department, why would the
conference organizers not RIGHTLY REFUSE to comply or just move it
elsewhere?
-
- Check out the details of this very real story;
-
- http://www.keelynet.com/ssnnot.htm
-
- Dale isn't trying to torpedo the success of this conference nor
am I. Its a great thing to see such conferences because in all
probability, based on other conferences, there will be no working,
practical free energy device that people can buy or use to do work, at
least you get to network with others interested in the field, though I
always hope there will be SOMETHING that works.
-
- So for that reason and in the very tiny hope that SOMETHING will
be presented that works, people should attend OPEN conferences.
-
- For myself, I am concerned that something isn't right with THIS
PARTICULAR CONFERENCE and would seriously consider the pros and cons of
attending.
-
- I'm not paranoid nor militant but this isn't right no matter how
you look at it. I've promoted F/E and alt science all my adult life and
spent tens of thousands of my own money trying to find reality in all
this mess, to date nothing.
-
- Now, just because the State Department is involved, suddenly an
open public meeting requires identification?
-
- Would ITS have done this?
- Would INE have done this?
- Would Global Sciences do this?
- NO WAY!
-
- Would you have gone to any of THEM if they had required that you
ID yourself?
-
- It's a very simple matter to correct and assuage these concerns
on the part of those who have sense enough to question it.
-
- Options; NO ID be REQUIRED or move it elsewhere WITHOUT benefit
of the State Department.
-
- I agree with Dale, this is wrong and I would be very careful of
such machinations via the government, no matter which department.
-
- I would seriously consider the risk if I had any F/E technology
that was remotely close to working OR was involved financially or in
partnershipwith any inventor working on free energy technology.
-
- It's bad enough riding a razor blade, but why set yourself on
fire and call everyones attention that could lead to unforeseen
strangeness.
-
- It strikes me as a great way to identify everyone for a
marvelously detailed database that could easily be updated at will by
simply tracking those involved.
-
- If I was wanting to track people in this field, I'd use the
technique myself and blame anyone who questioned it as a troublemaker
or 'militant'...<g>...Onward & Upward!
- --
- Jerry Wayne Decker
- http://keelynet.com / "From an Art to a Science"
- Voice : (214) 324-8741 / FAX : (214) 324-3501
- KeelyNet - PO BOX 870716 - Mesquite - Republic of Texas - 75187
-
-
-
- Subject: Re: [Fwd: SSN is NOT Required
at the CoFE in WDC in April]
- Date: Tue, 23 Feb 1999 05:21:59 -0600
- From: Dale Pond
- Organization: Delta Spectrum Research
- To: jdecker@keelynet.com
-
-
- Hi Jerry,
-
- Your post about the CoFE is quiet "in your face" as it is often
said.Glad to see others picking up the load and asking for
accountability. What kinds of people are these to be asking us to give
up our personal and private information to a proven criminal
organization? Pretty strange stuff. Weird.
-
- I've kind of backed off this issue because there is no real need
to torpedo the conference. If others wish to attend given the exposure
of intent, etc. then that is certainly their business. My obligation
developed when I saw the illegality (liability?) and it ended once I
brought public awareness to it. So what do we do now? I dunno. I'll
circulate your message.
-
- Congress
has plenary powers in Washington, DC. This means it can pretty well
do what it damn well pleases. There are no Constitutional restrictions
on it within the 10 square miles, the insular possessions or
territories (Puerto Rico, Guam, Northern Mariana Islands, Virgin
islands, lawful military forts). So, if there are no restrictions on it
in DC then it does not have to respect any of our rights to privacy,
property or life if we are in DC? For instance guns cannot be owned in
Puerto Rico as we saw several years ago in some TV special. Guns are
outlawed in DC too. The feds cannot outlaw guns or anything else in the
50 State party to the Constitution because of lack of jurisdiction. The
separation of power and jurisdiction is obvious once it is pointed out.
See:
-
- http://home.HiWAAY.net/~becraft/FEDJurisdiction.html
- http://idt.net/~tmccrory/TYRANNY.HTM
-
- So, take something really neat (invention, idea, etc.) to the
Conference and "any government official" (see http://www.svpvril.com/Title35.html)
can call it a threat to national security and TAKE IT. National
security to them apparently means any threat to the federal government
as an organization. This is borne out in the already proven disreguard
for me and you and our rights.
-
- I agree with you Jerry, nothing but mischief will come of this
conference. At the very best suppose a bunch of government scientists
(our employees) visited in all innocence. Suppose some exhibitor really
did take something interesting to show off. The scientists (our
employees) would be polite and ask questions then take the new
knowledge back to their secret and off-limits lab and we would never
ever see any benefit trickled down to us: the originators of the
knowledge and owners of it, the government, the federal labs and
anything they produce. Yeah, right..... remember Y-12? There is more
security on Y-12 than on Fort Knox. Wonder why?
-
- If they are so concerned about the technology they already
have locked up (which we are all busy trying to duplicate in our own
ways) what are they going to do to anyone who proves successful? Thank
about that one.
-
- No, I have not seen Trevor's response. Can you please forward it
to me?
-
- I'm forwarding a suggested course of action
in these types of situations. I think it's implications are quite
interesting and humorous.
-
- --
- Warm regards,
- Dale Pond
-
-
- Tue, 23 Feb 1999 04:14:38 -0600
-
- From: Christopher Hansen
-
- Hello again to everyone,
-
- I got tired following the assembly race and Joshua's court case
and then got sick. Then my computer could not be hooked to our new
cable system and I just got frustrated and had to wait until we could
set up my computer to our house net that has five computers now with
Joshua's computer business. (Dad was last on the list of things to do)
I have missed reading all of your letters. It gives me the strength as
well as great ammo to carry on the fight. I just got 4257 messages so I
will have some great reading material for a while.
-
- Now for the good news:
-
- Joshua's court case set in motion a change in the law here in
Nevada. Assembly bill 169 had a hearing on Wednesday of last week and
we were asked to testify. The bill bearly touched on the changes needed
just changing the requirement from Nevada identification cards that
require SSN or an SSN to a birth certificate or baptismal certificate.
I attached Joshua's testimony and mine if any of you are interested. My
brother, Dan, testified first and attacked the system with court cases
and other statements. My wife testified after that on the absurdity of
State IDs and how one lady came into where she works with IDs from four
different states and how she sees dual IDs all the time. Then the
County Clerk of Douglas County testified telling the Assembly election
committee that it was true (although was rejected by the court) that to
force Nevadans to get a ID was indeed a Poll tax. I almost burst out
laughing. He also said that until this case he had no idea that there
were people who did not have SSN's and that they must change the system
if that was true. He was followed by the County Clerk of Lyon County
who is the head of the association of County Clerks. She confirmed that
it was a poll tax. I nearly burst with joy. She recommended that they
completely change the system and not just patch up the mess and that
they discard the SSN for a specific number for voting only that would
just be a document number not an identification number.
-
- I got to testify after that (see below) and then Joshua spoke. I
finished by holding up two applications for employment from Taco Bell
and Green valley Grocery. I pointed out that GV Grocery had the SSN as
mandatory but had a voluntary area that included and was limited to (ha
ha) your age, race and sex. I pointed out that law suits had changed
those from mandatory to voluntary. Then I show the Taco Bell SSN
(optional) line and explained that a law suit had forced that change. I
told them that they must change their system now or it would just be
forced to change by law suits like Joshua's.
-
- Joshua wrote his with no help except a request to find the final
quote. The Assembly could tell this was no little boy doing what Daddy
told him to do. He fully understood it and completely believed his own
words. Just before he finished the committee chairman stopped him and
said, "Joshua you can stop, your passion has convinced us." It was a
high point in my life.
-
- It was an amazing change in government attitude. Here we were
bashing the sacred cow of the Demos and Repubs (the Social Security
System) and they were eating it u,. agreeing with us and complimenting
us. I felt God had reached down and personally opened their minds so
that they could understand the truth.
-
- Joshua was followed by the representative of the Secretary of
States office who confirmed that the requirement was a poll tax. I was
now past joy and had gone directly to heaven. She confirmed everything
we said was needed to change in the law.
-
- Following the meeting the committee chairman, a liberal democrat,
told my wife that they were going to do everything we had asked for and
more. The Secretary of States rep asked my wife (I was in Vegas
testifying by video teleconferencing and my wife was in Carson City at
the meeting) "But what if they don't even want a document number?" My
wife replied, "Well then I guess you'll just have to use letters on
those." The Sec of State Rep just said, "Yes. We could do that."
Heaven, I am still in heaven!
-
- They decided that if someone wanted to come in in person that all
they would have to do is swear they were who they said they were and
that would be enough since they could just lie about the number if they
wanted to lie and vote with motor voter. Heaven, pure heaven.
-
- I hope we can get it through the Assembly now and then past the
Senate but with the County Clerks and Sec of State office both in our
corner an apparently Jesus Christ opening their darkened minds we just
might get more than we dreamed of when we started.
-
- Great to be back. I know I'll enjoy trying to catch up.
-
- Christopher
- ==========================
-
- My name is Christopher Holloman Hansen. I am a member of the
Clark County Independent American Party Central Committee, the Founder
and Presiding Sovereign of The First Christian Fellowship of Eternal
Sovereignty (a political religion) and one of the main reasons you are
considering correcting the law concerning voter registration.
-
- In order to understand the reason my son sued the Clark County
registrar of voters you need to know a little history.
-
- President Abraham Lincoln said: "Let [the Constitution] be taught
in schools, in seminaries, and in colleges, let it be preached from the
pulpit, proclaimed in legislative halls and enforced in courts of
justice. And in short, let it become the political religion of the
nation."
-
- Our Constitution has literally become my political religion.
-
- I have been politically active for 33 years. My passion is
studying the constitutions and laws of Nevada and these united States
of America, the writings of the founding fathers and both Nevada and
united States Supreme court decisions. I found that the America of
today has followed a path that regrettably was predicted by these
authors of freedom.
-
- Thomas Jefferson 1788 "The natural progress of things is for
liberty to yield and government to gain ground."
-
- Thomas Jefferson 1799. "How long we can hold our ground, I do not
know. We are not incorruptible; on the contrary, corruption is making
silent progress."
-
- I knew that the only thing necessary for the triumph of evil is
for good men to do nothing and that although my action may jeopardize
my security I also knew the words of Ben Franklin "He who gives up a
little freedom for a little temporary security deserves neither liberty
nor security."
-
- I decided that I could no longer allow any government to infringe
upon my nor my families God given unalienable rights. Not even in the
smallest degree. That to do so was to desert my duty as set forth in
the Declaration of Independence. I could no longer allow government to
believe that I was subject to their whims but only to constitutional
law. We will not lose our liberty in one swift motion but in small
steps decried by politicians as necessary to the proper order of
society, just as occurred in Hitler's Germany. I therefore, cannot
tolerate even the slightest loss of personal sovereignty and freedom.
-
- Although I support the changes in defining what is
constitutionally required I found some real problems with this bill on
a technical, moral and legal level. The first problem is NRS 483.850
and 483.860 says to see 483.290 which says:
-
- (a) If the applicant was born in the United
States, a birth certificate issued by a state or the District of
Columbia or other proof of the applicant's date of birth, including,
but not limited to, a driver's license issued by another state or the
District of Columbia, or a baptismal certificate and other proof that
is determined to be necessary and is acceptable to the department; or
-
- The statute is clear that these other proofs are not defined and
not limited. Be sure you heard that: By statute there is no limit to
the forms of identification that the DMV may consider. That's right: a
Department of Motor Vehicles' bureaucrat is authorized to determine
what forms of identification will be acceptable to allow a person to
vote.
-
- Now the most interesting part of that is if a person is not
allowed to register vote (as my son was not allow his official
documents) then NRS 293.533 says:
-
- Action to compel registration. Any elector may
bring and any number of electors may join in an action or proceeding in
a district court to compel the county clerk to enter the name of such
elector or electors in the registrar of voters' register and the
election board register.
-
- And at NRS 293.044 "County clerk" defined; synonymous with
"registrar of voters" in certain counties.
-
- So if a clerk at the DMV decides that, for what ever reason they
may decide, that my unlimited ôother proofö is not satisfactory then I
have to sue the registrar of voters who has no authority over the DMV
clerk. There is nothing I can find in the statute that allows the
Registrar or a deputy to determine the validity of identifications,
only the DMV.
-
- There is no statute addressing remedies concerning such actions
by the DMV and voting.
-
- The other problem I see is one from American history. In the
south, before the federal laws to ensure voting rights, clerks were
allowed jurisdiction in what would be acceptable and therefore who
would be acceptable to vote. That history is one of blatant bigotry. I
must assume that no one honestly believes that there is no bigotry in
government today, especially when it comes to the hatred of differing
beliefs. I was even informed by a reliable source that when my sister
was recognized asking questions of this committee that someone said,
ôOh no. There's those crazy people again.ö You never can tell where
bigotry will raise its ugly head. Even here in Nevada members of the
Mormon faith were not allowed by statute to vote until after the court
overturned that bigotry in the 1920's.
-
- There are several Supreme Court decisions that do not allow even
legislatively authorized individuals of the executive branch of
government like, license clerks, police officers, etc. to have such
complete latitude and decision making powers over the rights of
Citizens with such little legislative directive as is offered here.
Especially when religious intolerance or other bigotry may be enabled.
-
- The current law allows a voter to simply put a 9, 10 or 12 digit
number that they claim under oath is an official number and they are
registered to vote. That's right: no written documents, no official
tangible proof. Just the word of one person under oath that they used
their official number. And according to the Clark County Registrar of
Voters that number is never checked. They don't have the money to
handle this unfunded federal mandate. But, as in the case of my son, if
three witnesses are willing to swear under oath that an elector, who
does not have or does not want an official number, is whom he says he
is then this is not acceptable. This newly created bigotry against the
numerically identifiably challenged would be humorous if it had not
taken a District Court decision to force it to stop. Even then the word
of the witnesses was discarded in preference to government documents.
We of The Christian Fellowship find this religiously repugnant. We are
not creations of the State. The State is a creation of the People. If
the State cannot trust the testimony of three citizens why should the
citizens trust the individual entity known as The State of Nevada.
After all, the United States Congress promised the American people that
the Social Security number would never be used as an identifying
number. When a state government encourages the use of the Social
Security Number as an individual identification number they are
perpetuating that lie to We the People.
-
- We need to have a way to identify ourselves that is acceptable to
this peoples governmental servants that does not include a government
issued identification that Americans lived without for well over a 120
years. Something that does not interfere with deeply held Christian
beliefs. Church documents were standard proof for centuries but are now
dismissed out of hand or at least viewed with a jaundiced eye and yet
they are mentioned in the Statute. Where then can we find a remedy. We
must look to that document that according to the founding fathers was
the very foundation of our Constitution. The Holy Bible which says in
(Matt. 18:16) and elsewhere in both Testaments and concerns both legal
and religious matters.
-
- 16 But if he will not hear thee, then take with
thee one or two more, that in the mouth of two or three witnesses every
word may be established.
-
- If an elector is willing to take the time to have two witnesses
with him to testify under oath or write affidavits as who a person is
then that must be satisfactory. To lie under oath is a felony. To forge
a birth certificate if a misdemeanor. Both can easily be done. George
Washington in his farewell address said, "Let it simply be asked, Where
is the security for property, for reputation, for life, if the sense of
religious obligation desert the oaths which are the instruments of
investigation in courts of justice? And let us with caution indulge the
supposition that morality can be maintained without religion. Whatever
may be conceded to the influence of refined education on minds of
peculiar structure, reason and experience both forbid us to expect that
national morality can prevail in exclusion of religious principle."
Washington said oaths by the religiously obligated are the very heart
of our justice system. And although our current president does not have
such high regard for oaths before God we must not devalue Washington
understanding for as James Madison said.
-
- "Do not separate text from historical background. If you do, you
will have perverted and subverted the Constitution, which can only end
in a distorted, bastardized form of illegitimate government." We of the
Christian Fellowship do not want a bastardized government and so we ask
that you specifically include this Biblical Christian option.
-
- The current system of motor voter is such an invitation to voter
fraud that national TV did a show illustrating its defects with even
normal law abiding citizens registering their pets. How many people
have more insidious reasons to falsify voting records.
-
- At the very worst the proposal of three witnesses as an option to
government documents which under the current proposal is not restricted
although not mentioned would be no more advantageous to voter fraud
than is the current system.
-
- Thank you for your consideration.
-
- Christopher Holloman Hansen
-
- ===========================
-
- My name is Joshua Joel Holloman Hansen and you may remember me in
that the very court decision that has brought about this call to
legislative action was partially on my account. I am an
eighteen-year-old lifelong citizen of the Nevada Republic and currently
own my own business, that specializes in internet programming, and the
use of global communications and commerce. In case you had some image
of me being a mad bomber of some half cocked militia member ready to
start an armed revolt against the government, I'd like to let you know,
I am not.
-
- In my battle in the courts regarding my right to vote I always
maintained that the right to vote was sacred and that conviction has
not changed since then. However it is also necessary that the purity of
the vote is maintained and that dishonest men and women cannot cast
their vote multiple times, for in this republican system it is only
just that no single man's voice has any more bearing than another's.
Maintaining the purity of the vote basically requires us to make sure
everyone is who they say they are.
-
- Before, although no where is it mandated unless you are using the
motor voter system to register, the county required that a citizen of
the Nevada Republic present one of three things as identification to
vote: a social security number, a driver's license, or a Nevada ID. A
birth certificate, notarized documents, and even a passport, the most
universally acceptable form of ID, were not considered enough to allow
one to register. And why? Because there is a little box on the voter
application to enter an 8, 10, or 12 digit number.
-
- There is no necessity for this number, except to individualize an
individual within a computer database and match up distributed forms
(which could be done just as easily with a random number that had no
bearing on marking an individual). No two people have the exact same
name, birthday, and address, and even if they did we all have
signatures. There is no reason that we need a specific identification
number. A random number serves just fine as our signature to the
digital world or computers and if it were generated in a random fashion
and renewed every year I would have no objection to a system of that
nature.
-
- Allowing a Nevada ID number and not a birth certificate is
completely illogical and senseless seeing as to obtain a Nevada ID all
you need is a birth certificate and ten dollars. Why is a birth
certificate currently not enough then? Is current application of the
law incorrect and indeed a birth certificate is a viable form of
identification or is the state attempting to work its own kind of a
poll tax in a round sort of about way?
-
- Now for the rant. Albert Einstein once said ôIf you are out to
describe the truth, leave elegance to the tailor.ö I am not here to
dress anything up in pretty words or to be pleasing to anyone's ears,
I'm here to tell you the purest truth as I understand it. The social
security system is a socialist institution, even it its name, social
security. It allows the old to steal from the young and for many others
to get money for other people's hard work. It lets parents enslave
their children and forces God loving patriots to compromise their
beliefs if they wish to do things as seemingly normal as open a bank
account, buy anything on credit, get a job, or even vote. How can a
voluntary system, as the social security system is, and a system which,
at its creation, was promised never to be used for identification be
required for so much?
-
- The acceptance and use of a single number as identification is
something everyone here should be very weary of. As I stated before I
work in the world of computers and global communications and commerce,
and it is my business to understand how these numbers work in our world
of communication. If you think a single number as identification is a
good idea, give someone with my professional understanding of the
computer world, that number, two weeks, and motive and you'll find out
just what can happen to you. Medical records, credit history, address,
phone numbers, shopping habits, where you work, and more are all at the
fingertips of someone who could be most diabolical. For our own
protection it is best that our state uphold congress' original promise
that the social security number should never be used as an identifying
mark.
-
- Telling someone like myself that I need a social security number
so that I can vote for representatives which will fight the social
security numbering system and other socialist institutions is like
telling a black man that before he can vote for representatives that
will fight for his civil rights he must first burn a cross in front of
a friend's home or that in order for a Jewish woman to vote she must
have a Nazi Swastika tattooed on her. These cases may sound extreme,
but to many Christian patriots out there the social security number is
no less extreme. In essence we are being asked to mark ourselves with a
number that, I for one, have good reason to believe is the Mark of the
Beast as spoken of in the book of Revelations. (quote) This is a
complete violation of everything we believe.
-
- Throughout the history of the United States the government has
silenced the voice of certain groups of people by making voting
difficult for them. Blacks had one of the hardest roads to vote in that
even after the Thirteenth Amendment was passed State governments still
passed other laws that made it difficult and often impossible for
blacks to vote. In an effort to strip these men of their most sacred
rights government instated poll taxes and grandfather laws. They aren't
the only ones who have been denied. It wasn't until the twentieth
century that women could vote and for people my age during the Vietnam
war the government felt it was acceptable to draft us off to war but
not to let us vote. Government has throughout history made it hard for
groups of people to vote that it wanted silence or oppress.
-
- Not allowing someone to vote does more than just stop their voice
in the government. It allows for their total oppression. It is both the
nature of humanity and of government to take advantage of what is
defenseless. Blacks were slaves and women were viewed as inferiors and
until they finally won the battle to get their right to vote
recognized, these views didn't change.
-
- The question at hand is, how will the history books look back on
this decision? As legislators you have the opportunity to be viewed as
cruel and prejudiced and to be scowled at by children and adults alike
and be compared the wicked men of the civil war era or for once you can
look at history and learn from it and be the protectors of freedom. If
there is one thing history has shown it is that if it takes picketing,
if it takes marches, or if it takes down right violence, the voices of
the people will be heard and people like me will fight in any way
possible to see that our voices are heard and sooner or later it will
be a force so powerful that no one and no group out there can stop it.
We will be heard, but as to whether it is through peaceable legislative
action or through protest, civil disobedience, and Godly rebellion in
support of our Unalienable rights will be your choice today.
-
- In his Notes on Religion, 1776 Thomas Jefferson said:
-
- "The oppressed should rebel, and they will continue to rebel
and raise disturbance until their civil rights are fully restored to
them and all partial distinctions, exclusions and incapacitations are
removed."
-
- The choice is yours.
-
- Joshua Joel Holloman Hansen
-
-
IMPORTANT CONGRESSIONAL REPORT ON USE
OF
SOCIAL SECURITY NUMBERS RELEASED: 2/16/99
-
Prepared by the United States General Accounting Office, (GAO)
-
-
-------------------------------------
-
- The General Accounting Office has just completed a Congressional
Report on how private businesses and public governmental agencies use
social security numbers.
-
- The GAO report, published February 16, 1999, entitled "Government
and Commercial Use of the Social Security Number Is Widespread" was
prepared at the request of the Subcommittee on Social Security,
Committee on Ways and Means, in the House of Representatives.
-
- Responding to public concerns about how organizations use and
misuse of SSNs, several members of the Congress have introduced bills
to regulate usage of the numbers. The Subcommittee asked the GAO to
research and describe:
-
- - federal laws and regulations requiring or restricting SSN use,
- - how extensively the private and public sectors use SSNs for
purposes not required by federal law, and
- - what businesses and governments believe the impact would be if
federal laws limiting the use of SSNs were passed.
-
- The report is broken down generally into three main parts:
- 1) federal laws that "require" the use of social security
numbers;
- 2) federal laws that "restrict" the use of SSNs; and,
- 3) public and private usage of SSNs that is neither authorized
nor prohibited by law but is practiced by convention.
-
- Some things to keep in mind when reading the report:
- 1) Social security numbers were intended for one purpose only,
but have gradually and surreptitiously been converted to other uses.
- 2) Some of the uses that have been made of social security
numbers are "unlawful," but nothing is being done to stop the practices.
- 3) With regard to public and private entities that "use" social
security numbers as discussed in the report, the word "use" can be
fairly replaced with the words "misuse" and "abuse" as appropriate.
- 4) The word "authorized" can also be interchanged with the word
"permitted" as opposed to "required" in many instances.
- 5) Although the GAO admits there are "unlawful" uses being made
of SSNs, the report fails to identify a single use that falls into this
category.
- 6) The very few "lawful requirements" for SSNs which do exist
apply only to the specific classes of individuals that are also subject
to the broader scope of the respective federal law - typically with
regard to certain tax payers; recipients of federal benefits; and,
commercial driver licensees. And,
- 7) The "pseudo-requirements" for states to collect SSNs the
report mentions are all tied to federal benefit funding programs for
which there are no penalties imposed upon the states for failing to
obtain SSNs (with the possible exception of a reduction in federal
funding).
-
- Of equal importance is the fact that the GAO was not charged with
researching the reasons why Americans oppose the idea of social
security numbers being used as universal identifiers, nor were they
responsible for determining or evaluating the reasons why the practice
may be contrary to the principles of freedom and liberty.
-
- Lastly, the reader should maintain a clear mental distinction
between the instances where "use" of social security numbers is
"permitted" (or simply "not prohibited") and the very limited
conditions where using a SSN is "required by law."
-
- GENERAL REVIEW:
-
- In developing their report, the GAO contacted the following users
of SSNs: private businesses that sell information of a personal nature
about members of the general public; businesses involved in providing
financial and health care services; and two large state programs that
frequently use SSNs for administrative purposes.
-
- The Report begins by acknowledging that in 1936, SSA created SSNs
as a means of maintaining individual earnings. And, "the Act now
requires individuals to provide SSA with their number when they apply
for Social Security benefits."
-
- But, they go on to say that, "today, the SSN is used for a myriad
of non-Social Security purposes, some legal and some illegal." And,
"once SSA created and began using SSNs to help administer its programs,
the Congress recognized the universal nature of the SSN and
subsequently enacted laws requiring SSN uses for some purposes not
related to Social Security."
-
- According to the researchers, "over the years, the SSN has come
to be viewed by many as a national identifier because almost every
American has an SSN, and each is unique." (Interestingly, the footnote
to this sentence states: "Some individuals do not have an SSN, either
because they do not want one or because they are ineligible to receive
one.")
-
- Initially, the public trustingly accepted the numbers under the
mistaken belief that they would only be used to maintain an accounting
of payments made to the Social Security system. The report fails to
acknowledge that over the years, a multitude of misuses and abuses have
evolved by way of deception and misleading pronouncements from
government officials.
-
- The report states that officials of all the organizations they
reviewed &emdash; including businesses that sell personal
information (such as credit reporting agencies), providers of financial
and health care services, and state personal income tax and driver
licensing administrators &emdash; routinely "choose to use SSNs as
a management tool to conduct their business or program activities."
This should come as no surprise since all of the entities contacted
benefit directly from the collection and distribution of SSNs in one
form or another; either as a monetary return or as increased political
power [i.e. control]. Perhaps some of the "illegal uses" mentioned in
the report take place within these categories?
-
- Not surprisingly the GAO report states that, "both private
business and government officials said their organizations could be
adversely affected if the federal government passes laws that limited
their use of SSNs. Credit bureau officials and state tax administrators
said federal restrictions could impede their ability to conduct routine
internal activities, such as maintaining consumer histories and
identifying tax filers..."
-
- Moreover, many of the officials they interviewed "believed that
federal restriction of their use of SSNs would hamper their ability to
conduct data exchanges with other organizations." Accordingly, without
SSNs, they said, "state tax administrators would have difficulty
associating tax return information received from other tax agencies
with tax information reported by residents. A health care provider said
federal restrictions on SSN use "could impede providers' ability to
track patients' medical histories over time and among multiple
providers."
-
- Representatives from the nation's biggest proponent of universal
identifiers - the American Association of Motor Vehicle Administrators
(AAMVA) - said restrictions on the use of SSNs as universal identifiers
"could make it difficult for states to detect noncommercial drivers who
were trying to conceal driving infractions under other state licenses."
-
- REQUIREMENTS FOR USING SOCIAL SECURITY NUMBERS ACCORDING TO THE
REPORT:
-
- The report states that federal laws "now require that SSNs be
used in the administration of some programs, including the federal
personal income tax program; the Supplemental Security Income (SSI),
Medicaid, Food Stamp, and Child Support Enforcement programs; and state
commercial driver licensing programs."
-
- Other than the general taxing and social benefit provisions, the
only specific federal "requirement" for SSNs mentioned is for
COMMERCIAL DRIVER LICENSING - as distinguished from individual driver
licensing!
-
- The uses of SSNs referred to in the report as being
"requirements" are as follows:
-
- 1)"The Internal Revenue Code and regulations, which govern the
administration of the federal personal income tax program, require that
individuals' SSNs serve as taxpayer identification numbers. ... Using
the SSNs, IRS matches the information supplied by entities reporting
payments or other transactions with returns filed by taxpayers to
monitor individuals' compliance with federal income tax laws."
-
- 2)"The [Social Security] Act now requires individuals to provide
SSA their number when they apply for Social Security benefits." And, "a
number of federal laws require program administrators to use SSNs in
determining applicants' eligibility for federally funded benefits such
as SSI, Food Stamp, Temporary Assistance for Needy Families (TANF), and
Medicaid programs."
-
- 3)"Another federal law that requires the use of SSNs for
identifying individuals is the Commercial Motor Vehicle Safety Act of
1986. This law established the Commercial Driver's License Information
System (CDLIS), a nationwide database. States are required to use
individuals' SSNs to search this database for other state-issued
licenses commercial drivers may hold. This checking is necessary
because commercial drivers are limited to owning one state-issued
driver's license."
-
- Above are the specific requirement for SSNs. Following are some
of the more "gray area" so-called requirements for SSNs, typically
involving direct or indirect ties to various benefit programs.
-
- 4)"Federal law also requires the use of SSNs in state child
support programs to help states locate noncustodial parents, establish
and enforce support orders, and recoup state welfare payments from
parents." [A footnote to this statements says: "States' receipt of
federal funding for TANF is contingent upon their compliance with
federal child support enforcement initiatives."] Additionally, "The
Personal Responsibility and Work Opportunity Act of 1996 expanded the
Federal Parent Locator Service &emdash; an automated database
searchable by SSN &emdash; to include information helpful for
tracking delinquent parents across state lines." [Another footnote
states: "In cases in which individuals do not have SSNs or choose not
to provide them, organizations may use alternative identifiers."]
-
- This section on funding-contingent state requirements goes on to
say: "The law requires states to maintain records that include (1)SSNs
for individuals who owe or are owed support for cases in which the
state has ordered child support payments to be made, the state is
providing support, or both, and (2)employers' reports of new hires
identified by SSN. States must transmit this information to the Federal
Parent Locator Service. The law also requires states to record SSNs on
many other state documents, such as professional, occupational, and
marriage licenses; divorce decrees; paternity determinations; and death
certificates, and to make SSNs associated with these documents
available for state child support agencies to use in locating and
obtaining child support payments from noncustodial parents."
-
- With regard to the last category of "state requirements," it must
be noted that, first of all, they only require states to "request SSNs
from license applicants." Secondly, no penalty is imposed upon the
states for failing to obtain SSNs. And, thirdly, there is absolutely no
penalty imposed upon license applicants who refuse to provide an SSN to
a state in furtherance of one of the funding-contingent federal benefit
programs.
-
- Under the fundamental principles of contract law - as well as
God's Laws of Covenants - whenever one party breaches or defaults on
the terms and conditions of an agreement, the other party is released
from all reciprocal obligations. Clearly, the United States Government
has admittedly breached its commitment to the citizens of this country
and defaulted on its assurance that social security numbers would only
be used for crediting payments to the records of contributors. They
have knowingly abused the public's trust and have used deception to
convert what was initially intended as a "single use" numbering system
into a "universal numbering and identification system." Those
individuals who have been deceptively mislead into using SSNs for
purposes other than that which was intended are no not bound to abide
by the newly imposed unlawful requirements.
-
- Scott McDonald
-
- ------------------------------------------
- The full report can be viewed in both HTML and PDF format at:
-
- http://www.networkusa.org/fingerprint/page2/fp-gao-ssn-report.html
-
- It is also available at the GAO web site: http://www.gao.gov/new.items/he99028.pdf
-
- ------------------------------------------
-
- Organizations and agencies that were contacted concerning their
use of social security numbers:
-
- American Association of Motor Vehicle Administrators; American
Bankers Association; Associated Credit Bureaus, Inc.; BlueCross
BlueShield Association; Commonwealth of Virginia, Department of
Taxation; Credit Plus Solution Group; Experian; Federation of Tax
Administrators; Georgia Department of Public Safety, Division of Driver
Services; Independent Bankers Association of America; Information
Industry Association; Kaiser Permanente; Lexis-Nexus; Maryland Hospital
Association; MasterCard; Mutual Fund Education Alliance; Ohio Bureau of
Motor Vehicles; State of Maryland, Comptroller of the Treasury, Revenue
Administration Division; Wachovia Corporation, Special Services;
Washington Hospital Center.
-
- Ordering Information: The first copy of each GAO report and
testimony is free. Additional copies are $2 each. Orders should be sent
to the following address, accompanied by a check or money order made
out to the Superintendent of Documents, when necessary. VISA and
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-
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- P.O. Box 37050 Washington, DC 20013 or visit:
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-
- Orders may also be placed by calling (202) 512-6000 or by using
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send an e-mail message with "info" in the body to: info@www.gao.gov or
visit GAO's World Wide Web Home Page at: http://www.gao.gov
-
- -------------------------------------
-
- The Chairman of the powerful House Ways and Means Committee, U.S.
Representative from Texas, Bill Archer, said in a letter dated June 5,
1998, that:
-
- "Since 1988, there has been an effort to expand the use of
Social Security numbers for tracking absent parents who owe child
support. In order to properly track the $34 billion in child support
money that goes uncollected annually, the use of Social Security
numbers is unavoidable."
-
- Another U.S. Representative from Texas, the Honerable Ron Paul,
has recently introduced the "Freedom and Privacy Restoration Act," H.R.
220, which would:
-
- "Amend title II of the Social Security Act and the Internal
Revenue Code of 1986 to protect the integrity and confidentiality of
Social Security account numbers issued under such title, to prohibit
the establishment in the Federal Government of any uniform national
identifying number, and to prohibit Federal agencies from imposing
standards for identification of individuals on other agencies or
persons."
-
- Representative Paul's bill would prohibit the use of social
security numbers for any purpose other than that for which it was
originally intended.
-
- The full text of Ron Paul's bill can be viewed at:
- http://www.networkusa.org/fingerprint/page1b/fp-ron-paul-bill.htm
-
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-
-
-
- From: "Ray Iddings"
- To: "Group A_No_SSN"
- Date: Mon, 1 Mar 1999 14:51:52 -0800
- Subject: [no_ssn] Social Security Number Not Required - Newsletter
-
- Greetings,
-
- IRS Agent Says There Is No Law . . .
-
- IRS Agent, Joseph Banister, says that there is no law that
requires any American to file and pay income tax! I'm sure many of you
have already heard this. What you may not have heard is that he now has
a web site at http://www.freedomabovefortune.com.
-
- New Poster, Just for Tax Season
-
- Attached to our newsletter is a new (perjury) poster that is
specially designed for the tax season. This poster would look really
nice if it were posted everywhere that tax forms are made available.
-
- People Share Their Experience about Living Unenumerated
-
- We have added links to the home pages of Neil McIver (http://www.cjmciver.org/) and Brad
Barnhill (http://bradbva.home.mindspring.com/freedom/).
These two unenumerated warriors share their experiences about life
after giving up their number. I hope everybody will visit their web
site and give them encouragement in their struggle.
-
- We have also had a few unenumerated visitorís in discussion forum
so be sure to stop by and engage in conversation with them.
-
- Who's Social Security Number Is it Anyway . . .
-
- Iím sure that you have all been asked to provide a social
security number for various reasons. Usually people mistakenly ask you
for "your" social security number rather than carefully asking you for
the "social security account number that was assigned to you by the
Social Security Administration." I know, this sounds like a senseless
technicality .... but wait, it brings up an essential question about
who actually owns and controls the social security number. I believe
this question is important because many state laws are ambiguous about
what they are asking for when they attempt to require people to provide
social security numbers. For example, in each case where the California
Vehicle Code requires an individual to include a social security
number, we read phrases like: "applicantís social security number" (CVC
1653.5, CVC 12800). This phrase structure implies personal ownership of
this social security number by the individual. Contrasted with the
federal terminology which read something like the following:
-
- a.. furnish the social security account numbers of the owners
of such applicant (USC 42, Sec 405)
- b.. utilize the social security account numbers issued by the
Commissioner of Social Security (USC 42, Sec 405)
- c.. an account number has not already been assigned to such
individual (USC 42, Sec 405)
- d.. applicants of social security account numbers (USC 42, Sec
405)
- e.. a Social Security number may be assigned to an applicant
(20 CFR 422.104)
- f.. the social security account number issued to an individual
for (26 USC 6109)
- g.. this number has been established for (Social Security Card)
- h.. this card is the property of the Social Security
Administration (Social Security Card) The federal phraseology clearly
calls for a social security number that was assigned to an individual
by the Social Security Administration, thus leaving room for a social
security number assigned or created by someone else. The lack of
distinction in California Law seems to apply to social security numbers
assigned or created by someone other than the Social Security
Administration. Since there is no mandate in the California Vehicle
Code requiring an individual use the "social security account numbers
that was issued by the Commissioner of Social Security," the California
Department of Motor Vehicle must then accept any number that an
applicant thinks of as "their own" social security number. To do
otherwise violates the law and could subject the DMV and its employees
to 18 USC Sec. 242 and 42 USC Sec. 1983. .... of course, as you might
guess, the California DMV could care less .....
-
- Be sure to leave extra copies of the "there is no law" posters at
your local motor vehicle office when you visit .... tape one to the
entrance so everybody can read it.
-
- Our Membership Is Continuing to Grow
-
- Thanks to your help our membership is continuing to grow rapidly.
Please continue telling others about our web site and our campaign to
publicize the fact that there is no law requiring a person to obtain,
have or use a social security number to live or work in the United
States. To continue our growth, it is critical that you tell somebody
about us each day -- as matter of fact: Tell ten people to tell ten
people.
-
- Some Success Stories
-
- Although the poster werenít intended to be used while you are
getting a new job -- we have heard two success stories where people
were hired without using a social security number because of the "there
is no law" notice. They didnít offer a social security number on any of
the forms and when they were finally asked for one, they simply stated
that they didnít have one and, while handing them a poster, explained
that there is no legal requirement for any American to obtain, have or
use a social security number to live or work in the United States.
Letís all pray that they will be able to keep their jobs.
-
- We also received word from a member who has been doing a Yahoo
search of sites that mention a requirement to have and use a social
security number. He then e-mails them a poster and advises them that
there is no such law. He indicates that several sites (mostly schools)
have responded favorably and corrected their web pages. This is great
... keep up the wonderful effort.
-
- Another member told me how she is faxing and mailing copies of
the posters to tax accountants, CPAs, attorneys and some businesses in
her local community. She is apparently causing quite a stir, but has
gotten a lot of favorable and encouraging feedback.
-
- It is really great to see people with the courage and initiative
to step out on their own and "kick butt" .... keep kicking, because
people like you will change this nation back the "Land of the free and
the home of the brave."
-
- Just like you folks, I am also busy working for a living - so it
is a real blessing for me to hear from people who understand the
importance of this issue and are simply taking the initiative to make
sure that people in their community become aware of the facts. I hope
more people will step out and become community leaders. Our posters
have proven to be very effective attention grabbers -- The fact, that
there is no law requiring a person to obtain, have or use a social
security number to live or work in the United States is a shocking
realization for most people. Add your name and contact information to
bottom of the posters and begin distributing them throughout your
community ... people will soon begin asking you how they can hel
-
- E-Mail Discussion Forums
-
- There have been many recent enquiries from people who have joined
our egroup mail list asking why they are not receiving regular mailings
from the group. It appears that I failed to make it clear that this
mail list is used exclusively for distributing this newsletter. People
who wish to participate in ongoing discussions should join our
Discussion Forum at http://www.semantechs.com/nossn/forum.htm.
-
- Due Process, at [withheld by request?] , manages an e-mail forum
that allows members to participate freely. Their discussion involve a
much broader basis that just the social security number issue, but if
you really wish to participate in an E-mail discussion forum, I think
you find it useful. You can subscribe to the due process forum at http://www.onelist.com/subscribe/dueprocess.
-
- ------------------------------------------------------------
-
- Social Security Number Not Required http://www.semantechs.com/nossn/
-
- To subscribe send a blank e-mail to: no_ssn-subscribe@egroups.com
-
- You can edit your subscription preferences by visiting the our
eGroup web site at: http://www.eGroups.com/list/no_ssn/
-
- Foward this newsletter to 10 people!
-
- Government is not supposed to be a growth industry!
-
-
- Subject: SSN# Law Violation a Felony
- Date: Mon, 22 Mar 1999 07:10:23 +0000
- From: Dale Pond <
- To: Thomas Valone
- CC: Jerry Decker ,
- Patrick Bailey ,
- SVPvril Forum <svpvril@egroups.com>
- BCC: Tony Sutton
TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 7 -
- SOCIAL SECURITY SUBCHAPTER II - FEDERAL OLD-AGE,
SURVIVORS, AND DISABILITY INSURANCE BENEFITS
-
- -HEAD-
- Sec. 408. Penalties
-
- -STATUTE-
- (a) In general Whoever -
- ...
- (8) discloses, uses, or compels the disclosure of the social
security number of any person in violation of the laws of the United
States; shall be guilty of a felony and upon conviction thereof shall
be fined under title 18 or imprisoned for not more than five years, or
both.
- --
- Warm regards,
- Dale Pond
-
- Subject: Re: SSN# Law Violation a
Felony
- Date: Mon, 15 Mar 1999 05:05:13 -0800
- From: Thomas Valone
- Organization: Integrity Research Institute
- To: Dale Pond
- References: 1
-
- Dale Pond wrote:
- >
- > TITLE 42 - THE PUBLIC HEALTH AND WELFARE
- > CHAPTER 7 - SOCIAL SECURITY
- > SUBCHAPTER II - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY
- > INSURANCE BENEFITS
- >
- > -HEAD-
- > Sec. 408. Penalties
- >
- > -STATUTE-
- > (a) In general
- > Whoever -
- > ...
- > (8) discloses, uses, or compels the disclosure of the
social security
- > number of any person in violation of the laws of the
United States;
- > shall be guilty of a felony and upon conviction thereof
shall be fined
- > under title 18 or imprisoned for not more than five years,
or both.
- > --
- > Warm regards,
- > Dale Pond
- > Delta Spectrum Research
- > http://www.SVPvril.com
- > Sympathetic Vibratory Physics
- > Sacred Science - Sacred Life
- > SVP Discussion Forum:
- > http://www.egroups.com/list/svpvril/
-
- Dale,
-
- You have harrassed us enough. Your "warm" regards are not
appreciated anymore. Are you moonlighting as a policeman? There is no
compulsion to disclose the SSN for our conference or haven't you heard?
(see www.erols.com/iri) Please do not reply or send any further spam.
Thank you.
-
- Sincerely,
- Thomas Valone
- COFE Coordinator
-
It has been held in KOLENDER v. LAWSON, 461 U.S. 352 (1983) the unreasonable requirement of presenting
identification is unconstitutional.
-
-
SUCCESS!!!
-
- -----Original Message-----
- From: Dave Champion
- Sent: Friday, January 07, 2000 10:50 AM
- To: Subject: Another No SSN victory
-
- This is an inspiring personal account by my friend Annette.
-
- Dave
-
- ***************************************
-
- I would like to share my success at the South Carolina DMV
yesterday with you.
-
- I stood in line for over an hour to get my SC Driver's License
renewed. I had to fill out a form that asked for insurance information
- I had to give my policy number and ins. company, or check the box
that said I don't own a vehicle required to be registered in SC. I
checked both boxes because both are true. However, I didn't know my
policy number (forgot to take it with me). So I showed the car
registration that shows I don't own the car and she agreed to renew the
license without the ins. policy number. Cleared hurdle #1.
-
- Then she noticed the box that asked for a social security number
and I had written "None." She frowned and questioned me. I explained
that I had revoked my SS-5 application and couldn't legally use that
number anymore. She showed it to the clerk in the next booth. That
woman also frowned and questioned me. I explained again. Then the
second lady said, "Well, the SSN isn't printed on the driver's license
anyway, so it doesn't bother me."
-
- And they renewed my license on the spot.
-
- I know this is not a total Constitutional victory, but to me it
was a major one. I also know they probably realized they have my former
SSN on file. But they could have said, "Sorry, no number no license;"
and they didn't! So I feel pretty good about the whole thing.
-
- I am continually amazed at what I can get done when I explain to
people that I no longer have a SSN. Even though they're amazed to learn
that having a SSN is voluntary for a citizen, they go ahead and do what
I'm asking of them without getting one from me. In the past year I have
accomplished the following things without giving anyone a SSN or other
federal i.d. number:
-
- Opened three bank accounts and obtained loans for Trusts.
-
- Managed the purchase of a new home by a Trust.
-
- Was given Power of Attorney for my elderly mother.
-
- Got her bank to put my name on her personal checking account as
POA. (This is probably the most amazing and important accomplishment.)
-
- Rented an apartment (after another declined to rent to me without
the SSN to do a credit check.) The second apartment manager was happy
to get credit information from my mortgage company alone.
-
- Bought car insurance and homeowners insurance from a major
mainstream insurance company.
-
- Gotten on airline flights using a personal photo i.d. that wasn't
issued by a government agency.
-
- There are probably other things, but I'm getting so used to
getting things done without a SSN, I've probably overlooked them.
-
- I feel empowered, and my life is so much better now than it was
when I gave my SSN to every Tom, Dick and Harriet who asked me for it.
I do feel that it is helpful that I can honestly say I don't have a
number, rather than say I won't give it to them. To say I had one and
then refuse to give it would make me seem uncooperative and I probably
wouldn't be as successful with those who ask.
-
- I'm also educating my fellow Americans on how to live as private,
free citizens which is a good feeling.
-
- I will be happy when all Americans learn the truth about how to
live as our founding fathers intended, instead of allowing Big Brother
to control their lives (primarily through the use of "taxpayer" i.d.
numbers.) And I will be happy when Americans demand a return to our
Constitutional Republican form of government.
-
- That is my hope.
-
- Life is good.
-
- Thanks for listening.
-
- --
-
- Annette
-
-
What
the Law Actually Says....
-
- Subject: [Fwd: EMPLOYERS AND SOCIAL SECURITY
- (http://www.devvy.com/ssa_19991031.html)]
- Date: Sat, 15 Jan 2000 10:28:50 -0600
- From: Dan Meador
- To: Dan Meador <dmeador@poncacity.net>
-
- Subject: EMPLOYERS AND SOCIAL SECURITY (http://www.devvy.com/ssa_19991031.html)
- Date: Fri, 14 Jan 2000 20:42:02 -0800
- From: "CCW"
- To: "CCW"
-
- Ok Folks, Carefully read the deception presented in this article
... then you'll begin to see the shell game without the pea. You folks
who are "volunteering" into this sham Social (communist) Security
Number Program are part and parcel of the problem, and not the
solution. LEARN THE LAW and start back up the slippery slope to LIBERTY
and FREEDOM! And remember, this SSN (Taxpayer Identification Number, or
TIN) scam has been perpetrated since 1935. Gee, how did America and
American's survive before that? Perhaps you need to also read the
Declaration of Independence (1776) and the Constitution for the United
States of America (1787), and its lawfully amended fist Ten Amendments
known as the Bill of Rights (1791). /s/ John R. Prukop CCW Coalition
Legal Researcher
-
-
EMPLOYERS AND SOCIAL SECURITY
-
Devvy Kidd, August 30, 1999
-
-
Published in Media Bypass Magazine October & November
1999
-
- The subject of social security, as we all know, continues to be
referred to in political circles as a "sacred cow." What isn't referred
to in political circles is the truth about this mathematically flawed
system, the fact that social security is a tax and employers throughout
this country have been forced into becoming unpaid tax
collectors for the IRS.
-
- There is a great deal of confusion on the part of employers
regarding their obligation to the IRS regarding SS taxes and to their
employees. I think the best way to address these concerns is ask two
very specific questions and provide the responses from SSA and then
determine what the law says in Title 42 and Title 26.
-
- Q: As an employer, I have been told that every person who
works in the United States must have a social security number and
present that number to me for tax reporting purposes. Is this true?
-
- A: Let's look at the response from SSA in a letter to Mr.
Scott McDonald dated March 18, 1998 from Charles Mullen, Associate
Commissioner, Office of Public Inquiries, SSA:
-
- "The Social Security Act does not require a person to
have a Social Security Number (SSN) to live and work in the United
States, nor does it require an SSN simply for the purpose of
having one. However, if someone works without an SSN, we cannot
properly credit the earnings for the work performed."
-
- Now, it would appear from even a basic understanding of the
English language, that what Mr. Mullen said is this: No one is required
to have an SSN to either live or work in the United States. If that
person does not have this number but does work, no social security
taxes would be taken out of their paycheck and there would be no credit
ledger entry made in their name for taxes paid.
-
- One would think this is quite plain and clear. However, let's
look at another letter from the same Charles Mullen about one month
earlier (February 24, 1998) addressed to me:
-
- "People cannot voluntarily end their participation in the
program [SS]. The payment of social security taxes is mandatory,
regardless of the citizenship or place of residence of either the
employer or the employee. Unless specifically exempted by law, everyone
working in the United States is required to pay
Social Security taxes."
-
- There seems to be a problem here: In one letter, Mr. Mullen
states that having a social security number is voluntary and no one is
required to have this number to either live or work in the U.S. In
another letter Mr. Mullen states that the payment of social security
taxes is mandatory and that everyone working in the United States is
required to pay SS taxes. To borrow a little phrase from the movie,
Apollo 13, with one minor change: "Washington, we have a problem."
-
- Does anyone else in the U.S. government have an answer to this
question? Let's look at the response in a letter from the U.S.
Department of Justice, Daniel W. Sutherland, Attorney, Office of
Special Council, dated April 28, 1993:
-
- "The Office of Special Counsel does not possess any of the
documents you requested. It is possible that other federal agencies
would have information or documents on the need to have a SSN. However,
under the Immigration Reform and Control Act, there is no requirement
that a person present a Social Security Card for the purpose of proving
his eligibility to work. In fact, the opposite is the case."
-
- And, one more from Charles Mullen, March 9, 1999:
-
- "People cannot voluntarily end their participation in the
program [SS]. The payment of Social Security taxes is
mandatory....Benefits are paid only on the basis of a voluntary
application....The constitutionality of the Social Security System, as
established by the Social Security Act, and mandatory individual
participation have already been decided by the Supreme Court. We will
not respond further to your correspondence about voluntary
participation in the SS program."
-
- So far we have (1) This program is voluntary and (2) This program
is mandatory.
-
- We also have: (1) No individual living or working in the U.S. is
required to have this number to be eligible for employment, therefore
they would not be paying this tax, and (2) Payment of such taxes if you
work in the United States is mandatory and therefore you must acquire
this number.
-
- This is what I call government lie-speak. No one is required to
have this number but if they do apply for it because they have been
forced to do so by being lied to, then they can't withdraw from this
voluntary program even if they state they will never file a voluntary
application for benefits. Hmm. It sounds to me like the inmates are
running the asylum.
-
- Additionally, few people know it, but there is a section in Title
42 regarding state employees:
-
- VOLUNTARY AGREEMENTS FOR COVERAGE OF STATE AND LOCAL
EMPLOYEES
- Section 218; Purpose of Agreement
-
- SEC. 218. [42 U.S.C. 418] (a)(1) The Commissioner of Social
Security shall, at the request of any State, enter into an agreement
with such State for the purpose of extending the insurance system
established by this title to services performed by individuals as
employees of such State or any political subdivision thereof. Each such
agreement shall contain such provisions, not inconsistent with the
provisions of this section, as the State may request.
-
- If you read this section it says that state employees already
covered under state retirement programs are not required to
participate in the Social Security Program but that the states may
enter into an agreement to provide this social insurance program to
their employees. Hmm. Seems to me we have a difference of opinion once
again between what Mr. Mullen says and what the law reads. I happen to
know that this is creating hell for individuals fighting the IRS who
work for either state or county agencies and wish to withdraw their
voluntary withholding agreements.
-
- Going back to Mr. Mullen's last letter, he states that the IRS
has jurisdiction over the issue of liability for Social Security taxes.
Let's back up for a moment and take a look at what Title 42 says about
all this. Title 42 is, of course, The Federal Old-Age, Survivors
and Disability Insurance Benefits Program. This "insurance" program
is about five huge tomes of incredible double-talk. However, we will go
directly to Section 405 that deals with the specific issue as to who
can and cannot apply for this number:
-
- 42 U.S.C. Section 405(c)(2)(B):
-
- "(B)(i) In carrying out the Commissioner's duties under
subparagraph (A) and subparagraph (F), the Commissioner of Social
Security shall take affirmative measures to assure that social
security
-
- account numbers will, to the maximum extent practicable, be
assigned to all members of appropriate groups or categories of
individuals by assigning such numbers (or ascertaining that such
numbers have already been assigned);
-
- "(I) to aliens at the time of their lawful admission to
the United States either for permanent residence or under other
authority of law permitting them to engage in employment in the United
States and to other aliens at such time as their status is so changed
as to make it lawful for them to engage in such employment;
-
- "(II) to any individual who is an applicant for or
recipient of benefits under any program financed in whole or in part
from Federal funds including any child on whose behalf such benefits
are claimed by another person; and
-
- "(III) to any other individual when it appears that he
could have been but was not assigned an account number under the
provisions of subclauses (I) or (II) but only after such
investigation as is necessary to establish to the satisfaction of the
Commissioner of Social Security, the identity of such individual, the
fact that an account number has not already been assigned to such
individual, and the fact that such individual is a citizen or a
noncitizen who is not, because of his alien status, prohibited from
engaging in employment; and, in carrying out such duties, the
Commissioner of Social Security is authorized to take affirmative
measures to assure the issuance of social security numbers;
-
- "(IV) to or on behalf of children who are below school age at
the request of their parents or guardians; and
-
- "(V) to children of school age at the time of their first
enrollment in school."
-
- We find more government lie-speak and the obligation or duty to
apply for and obtain a Social Security card or number at 20 C.F.R.,
section 422.103:
-
- "(b) Applying for a number. (1) Form SS-5. An individual
needing a social security number may apply for one by filing a
signed Form SS-5, 'Application for a Social Security Card,' at any
social security office and submitting the required evidence...
-
- "(2) Birth Registration Document. The Social Security
Administration (SSA) may enter into an agreement with officials of a
state...to establish, as part of the official birth registration
process, a procedure to assist SSA in assigning social security numbers
to newborn children. Where an agreement is in effect, a parent, as part
of the official birth registration process, need not complete a Form
SS-5 and may request that SSA assign a social security number
to the newborn child.
-
- "(c) How numbers are assigned. (1) Request on form SS-5. If the
applicant has completed a Form SS-5, the social security office...that
receives the completed Form SS-5 will require the applicant to furnish
documentary evidence...After review of the documentary evidence, the
completed Form SS-5 if forwarded...to SSA's central office...If the
electronic screening or other investigation does not disclose a
previously assigned number, SSA's central office assigns a number and
issues a social security number card...
-
- "(2) Request on birth registration document. Where a parent has
requested a social security number for a newborn child as
part of an official birth registration process described in paragraph
(b)(2) of this section, the State vital statistics office will
electronically transmit the request to SSA's central office....Using
this information, SSA will assign a number to the child and send the
social security number card to the child at the mother's address."
-
- Every American has the right to be fully informed of the
law and the consequences of entering into any contract that binds them
to any program. Forcing a newborn, incapable of understanding anything
other than life giving functions such as food and shelter or a teenager
to enter into a voluntary program for which they have no understanding,
is reprehensible and flies in the face of all the principles of freedom
and free choice that this nation was founded upon.
-
- Now, I say this to employers throughout this land: If having
a social security number were mandatory for every individual living
and/or working in this country, why do individuals have to apply for
the number? If it were mandatory, the government would
automatically issue everyone a number at some designated time. They
don't do this and the reason is clear: It is a voluntary tax that
individuals may choose to pay in order to apply to receive a benefit
whenever the benevolent in Congress decide they can retire from the
work force. Recall the words above:
-
- "..the Commissioner of Social Security shall take affirmative
measures to assure that social security account numbers will,
to the maximum extent practicable, be assigned to all members
of appropriate groups or categories of individuals..." No where here
does it state that the Commissioner of SS must force this number upon
any "appropriate groups or categories of individuals..."
-
- Now we have seen what the Social Security Act says but what does
Title 26, the Internal Revenue Code say about all this? Title 26 -
Specific sections which apply to social security:
-
- Subtitle C - Employment Taxes, specifically Chapter 21 -
Employment Taxes and the Federal Insurance Contributions Act found in
Vol. 2, page 6125 of the IR Code. No where in this entire
chapter does it state anywhere that anyone is required to have
a social security number. It simply uses the boilerplate language such
as:
-
- Sec. 3101 Rate of Tax
-
- (A) Old-Age, Survivors and Disability Insurance. - In addition
to other taxes, there is hereby imposed on the income of every
individual a tax equal to the following......
-
- I have consulted several dictionaries to learn the definition of
insurance and this is the standard one provided:
-
- Insurance: The act, business, or system of insuring. The state of
being insured. A means of being insured. Coverage by a contract
binding a party to indemnify another against specific loss in return
for premiums paid. As a side note, there has been much discussion
about whether or not social security is a contract. I would refer you
to the following document:
-
- Analysis of the Social Security System, Hearings Before A
Subcommittee of The Committee on Ways and Means, House of
Representatives, Eighty-Third Congress, First Session on the Legal
Status of OASI Benefits, November 27, 1953, Part Six. This highly
interesting and enlightening document is about 100 pages but I
guarantee you, it's well worth the read. Social security is not
considered a contract, yet every dictionary definition of insurance
says it's a contract.....Now I know how Alice In Wonderland felt.
-
- Back to our discussion. Social security is a tax that goes into
the general fund of the treasury and is not earmarked for any specific
purpose as found in Helvering v. Davis 301 U.S. 619-646. Social
Security is not an "entitlement" because people are paying a tax to
receive a benefit. It is not an insurance program because there
is no guarantee that anyone will ever receive any benefit from social
security because like the medical benefits promised to our veterans,
Congress can yank these "benefits" at anytime.
-
- Additionally, there is a very interesting legal point regarding
Chapter 21 called the Federal Insurance Contributions Act, Section
3102: Deduction of Tax From Wages
-
- (a) Requirement. The tax imposed by section 3101 shall be
collected by the employer of the taxpayer, by deciding the amount of
the tax from the wages as and when paid....
-
- Notice that the word insurance does not appear in the
body of the written text. We jump from an insurance to a tax. The word
"tax" appears within the sentence structure of the body of the law.
This has legal import. Section 7806 of the IR Code explains it quite
plainly:
-
- IR Code 7806. Construction of Title
-
- (a) Cross References. The cross references in this
title to other portions of the title, or other
-
- provisions of the law, where the word "see" is used, are made
only for convenience and shall be given no legal effect.
-
- (B) Arrangement and Classification. No inference, implication,
or presumption of legislative construction shall be drawn or made by
reason of the location or grouping of any particular section of
provision or portion of this title, nor shall any table of
contents, table of cross references, or similar outline, analysis, or
descriptive matter relating to the contents of this title shall be
given any legal effect.
-
- Because the word "insurance" appears with the table of contents
and the table of contents is "descriptive matter" used as an "outline,"
the word "insurance" has "no legal effect." In other words, no words in
the table of contents have any force of law. The word which does have
legal effect is "tax" because it is used within the body of the law
itself; therefore, it has the full force of law. Legally, the word
"insurance" does not apply, means nothing, to the chapter of the Code
entitled "Federal Insurance Contributions Act."
-
- SSA has a form numbered SS-5 that individuals use to apply
to pay this tax. No where on this form does it state anyone is required
under any law to apply. An individual fills out this form to pay a tax
for a benefit they hope might be there at some future date.
Sounds to me like an elephant skating on ice the thickness of a piece
of paper.
-
- More government lie-speak: "Other laws require people to have and
use SSN's for specific purposes. For example, the Internal Revenue Code
(26 U.S.C. 6109(a)) and applicable regulations (26 CFR 301.6109-1(d))
require an individual to get and use an SSN on tax documents......"
-
- This would be a difficult thing to do since Mr. Mullen's letter
above has stated that no one is required to have this number to either
live or work in the U.S! Sec. 6109(a) of the IR Code is titled
Identifying Numbers. At the bottom of this section, it states: "For
purposes of this subsection, the identifying number of an individual
(or his estate) shall be such individual's social security account
number.
-
- This particular section of the code would be impossible for
anyone to comply with according to Mullen's letter of March 18, 1998.
The IRS instructs individuals to obtain a TIN [Taxpayer's
Identification Number] using a W-7 Form. However, as one can clearly
see by examining this W-7 form, the small print states: For use by
individuals who are not U.S. citizens, nationals or permanent
residents. Ah! How many people have read that small print?
-
- Most employers believe that they are required by law to force an
employee to fill out a Voluntary Withholding Certificate. This
little piece of paper needs a social security number and sets the rate
of tax by the number of deductions you want taken from your paycheck. I
have spoken with many employers who have not only a stark fear of the
IRS, but they have done their duty by calling the IRS and asking them
if demanding a Voluntary Withholding Certificate is illegal.
Without exception, these employers have been told that they must force
an employee to provide an SSN and fill out this voluntary
withholding certificate. But what does Title 26 say?
-
- Chapter 21 imposing the so-called Social Security (FICA) tax.
These "tables and procedures" are authorized to be provided by the
Secretary under Section 3402(p):
-
- Section 3402(p). Authority for other voluntary
withholding. The Secretary is authorized by regulations to provide
for withholding- (1) from remuneration for services performed by an
employee for the employee's employer which (without regard to this
paragraph) does not constitute wages, and
-
- (2) from any other type of payment with respect to which the
Secretary finds that withholding would be appropriate under the
provisions of this chapter, if the employer and employee, or the person
making and the person receiving such other type of payment, agree
to such withholding. Such agreement shall be in such form and manner as
the Secretary may by regulations prescribe. For purposes of this
chapter (and so much of subtitle F as relates to this chapter),
remuneration or other payments with respect to which such agreement is
made shall be treated as if they were wages paid by an employer to an
employee to the extent that such remuneration is paid or other payments
are made during the period for which the agreement is in effect.
-
- Note that the Secretary is authorized to provide
for withholding by issuing tables, computational procedures and other
instructional material on withholding that apply to only those who have
voluntarily agreed to withholding. An agreement exists only
when an individual who is hired voluntarily requests that money
be deducted and withheld from his pay for payment of taxes and the one
for whom he works completes the agreement by his voluntary act
of collecting money as an unpaid tax collector for the government.
Without the support of employers in this country to this strong-arming
by the IRS, we wouldn't be in this mess and it's time employers stood
up the the federal boys and just said, No!
-
- The use of the words "the person making" and "the person
receiving such other type of payment" related to non-Federal employers
and employees who voluntarily "agree to such withholding". Federal
regulation 26 CFR section 31.3402(p)(1) states:
-
- Sub-Section 31.3402(p)- Voluntary withholding agreements. (T.D.
7096, filed 3-17-71; amended by TD 7577, filed 12-19-78).
-
- (a) In general. An employee and his employer may enter
into an agreement under section 3402(p) to provide for the withholding
of income tax upon payments of amounts described in paragraph (b)(1) of
Sub-Section 31.3401(a)-3, made after December 21, 1970. An agreement may
be entered into under this section only with respect to amounts which
are includible in the gross income of the employee under section 61,
and must be applicable to all such amounts paid by the employer to the
employee. The amount to be withheld pursuant to an agreement under
section 3402(p) shall be determined under the rules contained in
section 3402 and the regulations thereunder.
-
- (B) form and duration of agreement.
-
- (1)(i) Except as provided in subdivision (ii) of this
subparagraph, an employee who desires to enter into an agreement
under section 3403(p) shall furnish his employer with Form W-4 (Employee's
Withholding Allowance Certificate) executed in accordance with the
provisions of section 3402(f) and the regulations thereunder. The
furnishing of such Form W-4 shall constitute a request for
withholding.
-
- (ii) In the case of an employee who desires to enter into
an agreement under section 3402(p) with his employer, if the
employee performs services (in addition to those to be the subject of
the agreement) the remuneration for which is subject to
mandatory income tax withholding by such employer, or if the employee
wishes to specify that the agreement terminate on a specific
date, the employee shall furnish the employer with a request
for withholding which shall be signed by the employee, and shall
contain -
-
- (a) The name, address and social security number of the
employee making the request,
-
- (b) The name and address of the employer,
-
- (c) A statement that the employee desires withholding
of Federal income tax, and, if applicable, of qualified State
individual income tax (see paragraph (d)(3)(i) of Sub-Section
301.6361-1 of this chapter (Regulations on Procedure and
Administration)), and
-
- (d)(iii) No request for withholding under section
3402(p) shall be effective as an agreement between an employer and
employee until the employer accepts the request by commencing to
withhold from the amounts with respect to which the request was
made.
-
- Note the wording in sub-sections (b)(1)(ii) and (iii) of this
regulation: "...an employee who desires to enter into an
agreement" and "request for withholding", "desires
withholding," all of which clearly and unambiguously show the voluntary
nature of the entire withholding system. The significance of a Form W-4
"Employee's Withholding Allowance Certificate" is clearly explained in
this regulation which states:
-
- "The furnishing of such Form W-4 shall constitute a request
for withholding."
-
- The printed heading on the Form W-4 confirms the voluntary nature
of withholding; it states "Employee's Withholding Allowance
Certificate." If withholding were mandatory, why would the form be
called an "Allowance" Certificate? Allowance, as defined in The
American Heritage Dictionary, is defined as: The act of allowing,
something given. It does not say something taken or mandatory. To
"allow" means to "permit" - if the law required the withholding of tax
from an individual's pay, no permission or request form would be
needed.
-
- To further illustrate my point about social security numbers and
employment, I refer to Handbook for Employers M-274 (Rev.
11/21/91)N. This handbook carries a return address of the Internal
Revenue Service, WADC-9999, Rancho Cordova, California, 95743-9999,
Official Business, IRS Bulk Rate. However, it states that if anyone has
any questions regarding the contents of the booklet, do not contact the
IRS but rather your local INS office. How odd.
-
- On page 20 and 21 of this booklet, displayed in the exhibit, is
Part Eight: Acceptable Documents for Verifying Employment Eligibility.
You will discover that to establish employment eligibility, a person
must present a document from List C, such as a Social Security
Card, a United States birth certificate, or one of the other
documents listed. If having an SSN were mandatory for purposes of
employment, individuals would not be given a choice of which
documents they choose to submit for eligibility - the social security
number being only one in a long list of acceptable documents.
-
- There are three sections of the IR Code which apply to not giving
your social security number:
-
- 26 U.S.C. Sec. 6109(a)(3)
-
- 26 U.S.C. Sec. 6721(a)(2)(b), Sec. 6721 (c)(1)(b)
-
- 26 U.S.C. Sec. 6724(a)
-
- These passages came about, for the most part, as a result of the
passage of Public Law 101-239 on December 19, 1989 (The Omnibus Budget
Restoration Act). According to the IR Code, the employer is to request
(Sec. 6109(a)(3)) the employee to provide the employer with his SSN or
TIN. If having an SSN were mandatory, the code would not request such
an action by an employer, the language would read the employer must
obtain or other clear language. The IRS regulation interpreting Section
6109 provides:
-
- "If he [the employer] does not know the taxpayer identifying
number of the other person, he shall request such
number of the other person. A request should state that the identifying
number is required to be furnished under the authority of law. When the
person filing the return, statement, or other document does not know
the number of the other person, and has complied with the request
provision of this paragraph, he shall sign an affidavit on the
transmittal document forwarding such returns, statements, or other
documents to the Internal Revenue Service so stating. Teas. Reg. Sec.
301.6109(c)."
-
- The applicable IRS statute and regulation place a duty on the
employer to request a taxpayer identifying number from the
employee. If a document must be filed and the employer has been unable
to obtain the number but has made the request, then the
employer need only include an affidavit stating that the request was
made.
-
- Q: As an employer, can I be fined by the IRS for not
forcing an employee to provide a SSN and fill out a Voluntary
Withholding Allowance Certificate?
-
- A: If the employee refuses to provide the number and the
employer fails to include that information, (the employee's refusal),
in his return, then a penalty is normally imposed (Sec. 6721(a)(2)(b)).
The Treasury Regulation interpreting the statute states:
-
- Under Section 301.6109-1(c) a payor is required to request
the identifying number of the payee. If after such a request has been
made, the payee does not furnish the payor with his identifying number,
the penalty shall not be assessed against the payor. Treas.
Reg. Sec. 310.6676-(1).
-
- If there is just one or two returns with the SSN left out then
Sec. 6721(c)(1)(B) applies. The penalty provided in Sec. 6721(a) is
only $50.00 per incomplete return, and that is considered to be "de-
minimis failure" (Sec. 6721(c)). Black's Law Dictionary definition of
de-minimis doctrine is: "The law does not care for, or take notice of,
very small or trifling matters. The law does not concern itself about
trifles."
-
- The law permits the employer to simply ask for the SSN, and if it
is refused, to simply notify the IRS by affidavit, that it had requested
the number. The IR Code provides for a waiver of any penalty upon a
mere asking for the number and having it refused. The IRS is not exempt
from the law in that the provisions of the IR Code only make it appear
to require that which is voluntary, but as stated above, other
provisions of the IR Code explain that an affidavit will resolve the
apparent conflict.
-
- If one reads this exact language from SSA and IRS, you can only
conclude the following:
-
- 1.No one is required by any law to obtain a social security
number for any purpose.
-
- 2.No one can be denied employment because they refuse to
-
- 3.Employers may voluntarily enter into an agreement
with an employee for voluntary withholding and this agreement may
be terminated at the request of the employee.
-
- 4.The employer shall not be penalized if the employee
chooses not to enter into an agreement to provide this identifying
number.
-
- Now for the reality check: 99.9% of employers in this country
have no idea or understanding of the material above. Most will fire or
refuse to hire an individual who asserts his/her rights on this issue.
The IRS continues to threaten employers across this country with bluff
that employers cave into without ever researching the law for
themselves. Is there an equitable solution for both employer and
employee?
-
- The answer is a clear, yes: Employers throughout this country who
still believe in personal freedom and privacy must stand up to
the IRS and defend their employees rights. Employers: Your employees
are the ones who make your business a success. They insure your
livelihood continues in a prosperous fashion because they do the work
that brings in the profit. You owe it to them, to yourself and to
our nation to stand up and fight the beast.
-
- I would like to make comment about Mr. Mullen's bald-faced lie
that the Supreme Court has already addressed mandatory individual
participation. When Congress adopted the Social Security Act in 1935,
the Supreme Court had already held in Railroad Retirement Board v.
Alton R. Co., 295 U.S. 330, 368, 55 S.Ct. 758, 771 (1935). that
Congress had no authority to establish a retirement scheme through its
most tremendous power, its control over interstate commerce:
-
- "The catalogue of means and actions which might be imposed upon
an employer in any business, tending to the satisfaction and comfort of
his employees, seems endless. Provision for free medical attendance and
nursing, for clothing, for food, for housing, for the education of
children, and a hundred other matters might with equal propriety be
proposed as tending to relieve the employee of mental strain and worry.
Can it be fairly said that the power of Congress to regulate interstate
commerce extends to the prescription of any or all of these things? Is
it not apparent that they are really and essentially solely to the
social welfare of the workers, and therefore remote from any regulation
of commerce as such? We think the answer is plain. These matters
obviously lie outside the orbit of congressional power."
-
- There have been several other cases on this issue, i.e. In Steward
Machine Co. V. Davis, 301 U.S. 548, 57 S.Ct. 833 (1937), an
employer challenged the unemployment tax imposed upon it and the Court
held that such tax was an excise which Congress could impose. In
reference to the contention that the subject matter of the act was
properly within the historical field reserved to the states, the Court
held that Congress could enact legislation to aid the states in an area
of great concern. The Court placed considerable emphasis upon the fact
that the states were reluctant to adopt unemployment acts because such
taxes created differentials between states which had such legislation
and those which did not. By creating a national unemployment act, this
difference was eliminated and the court claimed a great benefit to the
American people resulted. In any event, the Court found nothing
constitutionally objectionable to the act as to the issues which
were raised - a very important legal point overlooked by government
suits who respond to inquiries and who have a vested interest in seeing
the system continue: their civil service paycheck.
-
- In Helvering v. Davis, which I referred to earlier, the
same reasoning was used to uphold the retirement features of the act.
The importance in these two cases upholding the Social Security Act
concerned the issues which these cases didn't raise: neither
of those cases addressed the issue of whether or not anyone is forced
by law to join the Social Security taxing program. The reason this
issue was not raised is because there is no such requirement, period.
-
- The fact is, this issue needs to be raised in court and the Wallace
Institute would like to do just that if we could raise the
necessary funds to see a court battle through to its end. The state
legislatures throughout this country are forcing their
citizenry to volunteer into a federal program to receive
a state benefit or privilege, i.e. a driver's license and
medical treatment at facilities under their State University system,
even though their health insurance provider pays the tab.
-
- This injustice against Americans is an outrage and needs to be
challenged in court. We need employers across this country to start
standing up and fighting to uphold the law as it's written instead of
just caving in to whatever some flunky from the IRS or SSA tells them
on the phone. We would do well to remember these words:
-
- "One man with courage makes a majority." Andy Jackson
-
- Court battles take a lot of money and only by pooling our
resources and giving the Wallace Institute a chance to fight
these battles, are we ever going to get to the heart of these matters.
The social security number is not only abused by every agency at every
level of government, it has spread to the private sector like a cancer.
When Americans decide that enough is enough, I hope they will consider
becoming a monthly sponsor of the Wallace Institute and give us
the financial tools to continue the fight in a court of law.
-
- Devvy's web site is: www.devvy.com
and information on both the Wallace Institute and Larry
Becraft's excellent Dixieland Law Journal can be found on her
site. Legal accuracy of this article has been verified by Larry
Becraft, Attorney at Law, Huntsville, Alabama.
-
-
- Another No SSN victory
-
- -------- Original Message --------
- Subject: [SSN not Required]
- FW: Another No SSN victory
- Date: Tue, 14 Mar 2000 10:10:54 -0800
- From: "Ray Iddings"
-
- Here is copy of a success story that was recently sent to me.
Richard gave me permission to share this story with you. I thought I
would share his story because it show that you can win when you simply
assert your Rights. If you wish to contact Richard ... send your
message to me and I will forward it to him. I'll leave it Richard to
reply.
-
- -----Original Message-----
- From: Richard M.... []
- Sent: Sunday, March 12, 2000 05:36 AM
- Subject: Re: [no_ssn]
- FW: Another No SSN victory
-
- Ray: I too have some good news to report on No SSN. Recently, my
son Samuel became 18 and needed, no wanted to get his driver license.
First, I decided to get him a Learner's Permit. I contacted the Dept.
of Highway Safety and Motor vehicles in Tallahassee and asked them what
was needed other than a SSN for him to get a Driver's License.
-
- I briefly explained that there was no law requiring me to ever
get a SSN and that I felt I had been deceived and lied to. We were
Christians and I specifically felt that now the SSN was a precursor of
the Mark of the Beast and had decided to revoke my #. I further decided
that my sons would not get that mark.
-
- The woman advised me that all we needed was two other forms of
identification. A birth certificate, a baptismal, a letter from our
school, etc.. Since I started a school at my church (an act of
rebellion by me by pulling my kids out of the public schools several
years ago) all of these were no problem.
-
- However, when Sam and I got to the FHP/Driver's License Bureau we
were told that he had to have a SSN. When we refused, politely, I
demanded to see the station manager. She pulled out a page with a
statute on it that said we had to provide the # and or get the #.
Explaining my efforts and position was to no avail. So I left and
called the lady in Tallahassee and began to complain vigorously. She
said that the station manager was wrong and asked me if I was going
back there. Of course I am. She called the station manager and when we
got there, the man who was greeting people and telling them to produce
these documents, including the SSN, looked at me with surprise and said
to me, "I am pissed."
-
- I quietly asked him why. He said that when we left he had
commented that if I came back and did what I had said I was going to
do, which was produce the law that was higher than the state statute,
he would be mad because he had been told that every one had to have a
SSN in order to get a drivers license and here I was. Samuel went
through the process and got his learner's permit. Some months later,
after I had put Sam through a driver's training course, we went to
Delray Beach to the Driver Testing facility.
-
- I did not expect any trouble, but it raised its ugly head. The
woman asking him for information to put into the computer got really
upset about us not giving them a SSN. The discourse brought out this
station manager and a FHP Trooper, big black man, who questioned me and
made horendous comments. Such as, don't you support the social security
system, don't you pay taxes, why are you trying to buck the system,
aren't you an American?
-
- After standing my ground and telling them it was none of their
business about my taxes and support of the system and that all I was
doing was protecting and demanding my constitutional rights to be
respected and for them to obey the law. I further informed them that I
had spoken to the state office and with the district director and knew
that we did not have to have a SSN. You could see the anger in their
faces as they filled out the computer form and issued Sam's driver's
license.
-
- Later, I called the district directors office and complained
about the station manager's comments and questions as being
inappropriate and inflaming. In front of several other people she had
dared question me about not being an American. The district director
apologized and said that she would contact that station manager and
admonish her for the uncalled for behavior.
-
- Thank you,
-
- Beginning to live free in S. Florida.
-
- Richard A. M.
- Boynton Beach, FL
-
- ----------------------------------------------------------------
- Group Manager: no_ssn-owner@egroups.com
-
- To subscribe, send a message to no_ssn-subscribe@egroups.com or
go to the e-group's home page at http://www.egroups.com/list/no_ssn
-
- The following is by Larry Becraft, Attorney
at Law.
- This article is found at http://fly.hiwaay.net/~becraft/ssn.html
-
-
COMMENT UPON VOLUNTARY NATURE OF SOCIAL SECURITY
-
-
By Larry Becraft, Attorney at Law
-
- Today, everyday Americans are constantly confronted with greater
and more frequent requests from all too many sources that they provide
to the inquiring parties their "Number of the Beast," the Social
Security number ("SSN"). The examples of this modern day phenomenon are
numerous and known to all. Many States are now moving to ostensibly
require the display of SSNs upon drivers' licenses. Public school
officials demand that school age children obtain SSNs before those
children may be enrolled in any public school. Hospitals seek to obtain
SSNs for each child born in their facilities. Private parties of all
kinds, from banks to employers, deem it essential that they obtain the
SSN of everyone with whom they may conduct any business. With all these
entities making these demands, surely "the law" must contain a
requirement that everyone have the "Number of the Beast"[1]. Or, is it
possible that everybody simply acts like lemmings, dutifully following
the herd instinct without any question, assuming such requirement
without any knowledge of it? More simply put, does "the law" demand
that everybody apply for and obtain a SSN, or is such purported
obligation nothing more than so much hot air?
-
- The first inquiry regarding the legal duty to apply for and
obtain a SSN must involve an examination of the U.S. Constitution and
the powers granted therein to Congress. Congress can only possess
powers which are contained, expressly or by necessary implication,
within the text of the Constitution, particularly Art. 1, section 8.
Being straightforward and to the point, the problem here for Social
Security is that no particular clause in this or any other article of
the Constitution is sufficient to sustain such power to compel a
domestic American to participate in a compulsory retirement or benefits
scheme. The power to thus mandate participation in Social Security must
therefore be one which is based upon an implied power.
-
- To determine if this power is one arising by implication, a study
of various Supreme Court cases regarding the limits of Congressional
power is essential. The States are arguably the governmental entities
which might possess the inherent, municipal power to compel
participation in a retirement or benefits scheme; but, if the states
might have this power, an issue which appears to not have as yet been
decided, does Congress have a corresponding power? Can Congress assume
this inherent power of the State and claim it as its own?
-
- Limits upon the powers of Congress
-
- Examples of Supreme Court cases which place some real limits upon
the powers of Congress are manifold. In the License Tax Cases, 72 U.S.
462 (1866), the Supreme Court held that Congress could not authorize
the conduct of business within the States in order to tax that
business. In United States v. DeWitt, 76 U.S. 41 (1870), the Court held
that a penal regulation in a tax act could not be enforced in a state.
In United States v. Fox, 94 U.S. 315 (1877), the Court held that the
United States could not receive property via a testamentary devise
contrary to state law. In United States v. Fox, 95 U.S. 670 (1878), a
penal statute remotely related to bankruptcy laws was held inapplicable
in the States. In Patterson v. Kentucky, 97 U.S. 501 (1879), the Court
held that U.S. patent laws conferred no superior rights within the
States. In United States v. Steffens, 100 U.S. 82 (1879), federal
trademark legislation unconnected with "interstate commerce" was held
inapplicable inside the States. In Baldwin v. Franks, 120 U.S. 678, 7
S.Ct. 656 (1887), certain penal, federal civil rights legislation was
held unenforceable "within a state." In Ex parte Burrus, 136 U.S. 586,
10 S.Ct. 850 (1890), and De La Rama v. De La Rama, 201 U.S. 303, 26
S.Ct. 485 (1906), the Court held that domestic relations matters were
solely state concerns. In Reagan v. Mercantile Trust Co., 154 U.S. 413,
14 S.Ct. 1060 (1894), it was held that federally created corporations
engaged in business in the States were subject to state laws. In Keller
v. United States, 213 U.S. 138, 29 S.Ct. 470 (1909), it was held that
Congress could not exercise police powers within the States. In Coyle
v. Smith, 221 U.S. 559, 31 S.Ct. 688 (1911), it was held Congress could
not dictate to a state, Oklahoma, where to locate its state capitol. In
Hammer v. Dagenhart, 247 U.S. 251, 38 S.Ct. 529 (1918), and Bailey v.
Drexel Furniture Co., 259 U.S. 20, 42 S.Ct. 449 (1922), the Court held
that Congressional attempts to regulate and control manufacturing
activities in the States were unconstitutional; see also Hill v.
Wallace, 259 U.S. 44, 42 S.Ct. 453 (1922). In United Mine Workers of
America v. Coronado Coal Co., 259 U.S. 344, 42 S.Ct. 570 (1922), the
Court held that Congress could not regulate coal mining in the States.
In Linder v. United States, 268 U.S. 5, 45 S.Ct. 446 (1925), it was
held that Congress could not regulate the practice of medicine in the
States. In Industrial Ass'n. of San Francisco v. United States, 268
U.S. 64, 45 S.Ct. 403 (1925), the construction industry was deemed to
be inherently of local concern and beyond Congressional powers. In
Indian Motocycle Co. v. United States, 283 U.S. 570, 51 S.Ct. 601
(1931), the Court held that Congress could not impose a sales tax on
items sold to state and local governments. Before the advent of Social
Security, a statutorily mandated retirement system applicable to
interstate carriers was held unconstitutional in Railroad Retirement
Board v. Alton R. Co., 295 U.S. 330, 55 S.Ct. 758 (1935). The case of
Hopkins Fed. S. & L. Ass'n. v. Cleary, 296 U.S. 315, 56 S.Ct. 235
(1935), stands for the proposition that Congress cannot "federalize"
state financial institutions over objection from the State. The cases
of A.L.A. Schecter Poultry Corp. v. United States, 295 U.S. 495, 55
S.Ct. 837 (1935), Panama Refining Co. v. Ryan, 293 U.S. 388, 55 S.Ct.
241 (1935), and Carter v. Carter Coal Co., 298 U.S. 238, 56 S.Ct. 855
(1936), emasculated most of the National Industrial Recovery Acts in
part on the grounds of invasion of reserved powers of the States. In
United States v. Butler, 297 U.S. 1, 56 S.Ct. 312 (1936), the Court
held that Congress had no direct power to regulate agricultural
production within the States. Finally, in Oregon v. Mitchell, 400 U.S.
112, 91 S.Ct. 260 (1970), it was held that Congress could not dictate
voter qualifications to the States. The above decisions, as well as
others, do place severe restraints upon the powers of Congress.
-
- The genesis of Social Security is the events of the Great
Depression. While that era saw extraordinary unemployment and a
tremendous decline in national production, still it was not as
cataclysmic as other events in our nation's history, such as the War
Between the States. Further, no constitutional amendment was adopted
during this era which can offer any basis for an expansion of
Congressional powers. The legislation which started Social Security in
1935 must be viewed in the light of the various Supreme Court cases
decided within a few decades of that legislation and prior thereto.
When Congress adopted the Social Security Act in 1935, the Supreme
Court had already held in Railroad Retirement Board, supra, 295 U.S.,
at 368, that Congress had no authority to establish a retirement scheme
through its most tremendous power, its control over interstate commerce:
-
- "The catalogue of means and actions which might
be imposed upon an employer in any business, tending to the
satisfaction and comfort of his employees, seems endless. Provision for
free medical attendance and nursing, for clothing, for food, for
housing, for the education of children, and a hundred other matters
might with equal propriety be proposed as tending to relieve the
employee of mental strain and worry. Can it fairly be said that the
power of Congress to regulate interstate commerce extends to the
prescription of any or all of these things? Is it not apparent that
they are really and essentially related solely to the social welfare of
the worker, and therefore remote from any regulation of commerce as
such? We think the answer is plain. These matters obviously lie outside
the orbit of congressional power."
-
- Additionally, the revolutionary acts of Congress adopted in the
two preceding decades had been emasculated in a series of Supreme Court
decisions. Are we to suppose that, against this legal background,
Congress decided to enact legislation of the caliber which had been
struck as unconstitutional in the same year?
-
- In the Social Security Act, Congress imposed excise taxes upon
employers and those tax receipts were to be deposited with the
Treasury. The act further provided schemes whereby participants could
enjoy unemployment and retirement benefits. When the act was adopted,
parties opposed thereto made challenges to the act, relying upon some,
if not all, of the various cases cited above. The major arguments
mounted against the act were premised upon contentions that the
legislation constituted an invasion of state rights. In Steward Machine
Co. v. Davis, 301 U.S. 548, 57 S.Ct. 883 (1937), an employer challenged
the unemployment tax imposed upon it and the Court held that such tax
was an excise which Congress could impose. In reference to the
contention that the subject matter of the act was properly within the
historical field reserved to the states, the Court held that Congress
could enact legislation to aid the states in an area of great concern.
The Court placed considerable emphasis upon the fact that the states
were reluctant to adopt unemployment acts because such taxes created
differentials between states which had such legislation and those which
did not. By creating a national unemployment act, this difference was
eliminated and a great benefit to the American people resulted. The
Court, therefore, found nothing constitutionally objectionable to the
act as to the issues which were raised. In Helvering v. Davis, 301 U.S.
619, 57 S.Ct. 904 (1937), the same rationale was used to uphold the
retirement features of the act. The importance of these two cases
upholding the Social Security Act concerns the issues which these cases
did not raise: neither of them addressed the issue of whether there was
a requirement for any American to join Social Security. The reason that
this issue was not raised is because there is no such requirement,
unless of course one works for a state government which has contracted
into Social Security; see Public Agencies Opposed To Social Security
Entrapment (POSSE) v. Heckler, 613 F.Supp. 558 (E.D. Cal. 1985), rev.,
477 U.S. 41, 106 S.Ct. 2390 (1986).
-
- The above review should readily demonstrate that there is indeed
a real question concerning the point of whether one must submit an
application to join Social Security. The cases which challenged the
constitutionality of Social Security simply did not raise this issue,
and it appears that no case has as yet dealt with it.[2] The reason for
this absence of a challenge to such alleged requirement can only be
explained by analyzing the act itself to determine if there is such a
requirement. Because Congress lacks the constitutional authority to
compel membership in Social Security, the act simply imposes no such
requirement.
-
- The modern version of the act is codified at 42 U.S.C., sections
301-433. If there were a requirement that every American join the
Social Security scheme,[3] one would expect to find language in the act
similar to the following: "Every American of the age of 18 years or
older shall submit an application with the Social Security
Administration and shall provide thereon the information required by
regulations prescribed by the Secretary. Every member of Social
Security shall pay the taxes imposed herein and records of such
payments shall be kept by the Secretary for determining the amount of
benefits to which such member is entitled hereunder." Amazingly, no
such or similar language appears within the act, and particularly
there is no section thereof which could remotely be considered as a
mandate that anyone join Social Security. The closest section of
the act which might relate to this point is the requirement that one
seeking benefits under the act must apply for the same. But, this
relates to an entirely different point than a requirement that one join.
-
- Since the statutory scheme fails to impose such requirement, the
next question to be asked is whether perhaps the Social Security
regulations themselves might impose such duty. But here, the
regulations are no broader than the act itself, and the duty to apply
for and obtain a Social Security card or number boils down to the
following found at 20 C.F.R., section 422.103:
-
- "(b) Applying for a number. (1) Form SS-5. An individual
needing a social security number may apply for one by filing a signed
Form SS-5, 'Application for a Social Security Card,' at any social
security office and submitting the required evidence...
-
- "(2) Birth Registration Document. The Social Security
Administration (SSA) may enter into an agreement with officials of a
State... to establish, as part of the official birth registration
process, a procedure to assist SSA in assigning social security numbers
to newborn children. Where an agreement is in effect, a parent, as part
of the official birth registration process, need not complete a Form
SS-5 and may request that SSA assign a social security number to the
newborn child.
-
- "(c) How numbers are assigned.(1) Request on Form SS-5. If the
applicant has completed a Form SS-5, the social security office... that
receives the completed Form SS-5 will require the applicant to furnish
documentary evidence... After review of the documentary evidence, the
completed Form SS-5 is forwarded... to SSA's central office... If the
electronic screening or other investigation does not disclose a
previously assigned number, SSA's central office assigns a number and
issues a social security number card...
-
- "(2) Request on birth registration document. Where a parent has
requested a social security number for a newborn child as part of an
official birth registration process described in paragraph (b)(2) of
this section, the State vital statistics office will electronically
transmit the request to SSA's central office...Using this information,
SSA will assign a number to the child and send the social security
number card to the child at the mother's address."
-
- The purported duty to apply for and obtain a Social Security
number therefore boils down to this: you get it if you need it or
request it. There is no legal compulsion to do so.
-
- With the act of applying for and obtaining a SSN being entirely
voluntary, the next question to be asked is whether any State can force
you to use this number which is voluntary in the first place. This
appears to have been addressed by section 7 of the Privacy Act of 1974,
88 Stat. 1896, which reads as follows:
-
- "Sec. 7. (a)(1) It shall be unlawful for any Federal, State or
local government agency to deny to any individual any right, benefit,
or privilege provided by law because of such individual's refusal to
disclose his social security account number.
-
- "(2) the provisions of paragraph (1) of this subsection shall
not apply with respect to--
-
- (A) any disclosure which is required by Federal statute, or
-
- (B) the disclosure of a social security number to any Federal,
State or local agency maintaining a system of records in existence and
operating before January 1, 1975, if such disclosure was required under
statute or regulation adopted prior to such date to verify the identity
of an individual.
-
- (b) Any Federal, State, or local government agency which
requests an individual to disclose his social security account number
shall inform that individual whether that disclosure is mandatory or
voluntary, by what statutory or other authority such number is
solicited, and what uses will be made of it." See United States v. Two
Hundred Thousand Dollars in U.S. Currency, 590 F.Supp. 866 (S.D. Fla.
1984).
-
- Thus, it seems perfectly logical, if having a Social Security
number is not mandatory but purely voluntary, no state can use the lack
of a number in any adverse way against anyone. The state cannot make
that which is voluntary under federal law something which is mandatory
under state law.
-
- Today, many school districts seek to force school age children to
obtain Social Security numbers before such children may enroll in
school. Further, many states deny drivers' licenses to those who refuse
to provide SSNs. All of these acts are of recent vintage and therefore
violate the prohibitions contained within the uncodified amendments to
the Privacy Act noted above. Such requests are thus illegal.
-
- What should be done by Americans who are opposed to Social
Security for whatever reason, be it the contention that it is the
prelude to the "Beast's number" or any other? They should constantly
inform those requesting the number that there is no obligation to have
one.
-
- SOCIAL SECURITY IS NOT A CONTRACT
-
- Art. 1, ß 9, cl. 7 of the U.S. Constitution provides as follows:
-
- "No Money shall be drawn from the Treasury, but in Consequence
of Appropriations made by Law."
-
- While this constitutional provision does not of itself place a
maximum ceiling upon the amount of debt which can be created by
Congress, it does require that appropriating legislation be enacted in
order to incur debts. This is aptly demonstrated by the federal cases
which have construed this part of the Constitution. In Cummings v.
Hardee, 102 F.2d 622 (D.C.Cir. 1939), and Maryland Casualty Co. v.
United States, 155 F.2d 823 (4th Cir. 1946), it was held that officers
of the United States lacked all power to pay any claim against the
United States in the absence of an appropriation from Congress to pay
such claim. This principle was more fully explained in Hughes Aircraft
Co. v. United States, 534 F.2d 889, 906 (Ct.Cl. 1976), where that Court
declared:
-
- "The second principle is that before any expenditure of public
funds can be made, there must be an act of Congress appropriating the
funds and defining the purpose for such appropriation. Thus, no officer
of the Federal Government is authorized to pay a debt due from the
U.S., whether or not reduced to a judgment, unless an appropriation has
been made for that purpose." See also Reeside v. Walker, 52 U.S. (11
How.) 272 (1850); Cincinnati Soap Co. v. United States, 301 U.S. 308,
57 S.Ct. 764 (1937); and Office of Personnel Management v. Richmond, __
U.S. __, 110 S.Ct. 2465, 2471 (1990).
-
- In National Association of Regional Councils v. Costle, 564 F.2d
583, 586 (D.C.Cir. 1977), that Court elucidated this principle by
stating:
-
- "Government agencies may only enter into obligations to pay
money if they have been granted such authority by Congress. Amounts so
authorized by Congress are termed collectively 'budget authority' and
can be subdivided into three conceptually distinct categories --
appropriations, contract authority, and borrowing authority.
Appropriations permit an agency to incur obligations and to make
payments on obligations. Contract authority is legislative
authorization for an agency to create obligations in advance of an
appropriation. It requires a subsequent appropriation or some other
source of funds before the obligation incurred may actually be
liquidated by the outlay of monies. Borrowing authority permits an
agency to spend debt receipts."
-
- Thus, it is quite apparent that in order for the federal
government to incur debt, it must adopt legislation authorizing a
specific amount of federal obligations to be incurred.
-
- It is easy to demonstrate the operation of this provision of the
Constitution and its application to government contracts. Suppose the
feds desired to build a new courthouse at a cost of $200 million. An
agency in charge of such a project could theoretically "contract" with
a construction company to build this structure. However, until Congress
actually appropriates money to pay for construction, there is no
contract. Even if the contractor in this example incurred lots of costs
preparing to build this courthouse which ultimately does not get built
because of lack of funds, he has no claim against Uncle Sam for breach
of contract. The same principle applies to every other government
contractor, whether aerospace, military, et cet. Government contracts
are unique and different from private sector contracts due to this
constitutional limitation upon the power to contract.
-
- Is Social Security a contract? A private insurance policy is
clearly a contract because the policyholder makes a promise to pay
money to the insurance company, which in turn agrees to likewise pay
the policyholder if certain contingencies arise. These "promise to pay"
elements are essential for a contract, but they simply are not present
with Social Security. First, Social Security "payments" are not premium
payments, but are taxes instead. Secondly, there is no corresponding
and enforceable "promise to pay" from the Social Security
Administration to its "beneficiaries." As noted above, government
contracts are very special and require an appropriation from Congress
before money can be expended and a contract made. Regarding Social
Security, the only "beneficiaries" who have any claim against the
public treasury are those for whom Congress has already made an
appropriation, which can last no longer than a year. The rest of the
Social Security claimants in America have no enforceable claim on
public funds, and all they possess is a "political promise," upon which
Congress can renege at any moment. If Congress decided tomorrow to cut
off all Social Security, nobody would have any claim for payment. Thus,
Social Security has never been and is not now a contract.
-
- NOTE:
-
- To whom are social security numbers assigned? The answer is found
in 42 U.S.C., ß405, which provides as follows:
-
- (B)(i) In carrying out the Commissioner's duties under
subparagraph (A) and subparagraph (F), the Commissioner of Social
Security shall take affirmative measures to assure that social security
account numbers will, to the maximum extent practicable, be assigned to
all members of appropriate groups or categories of individuals by
assigning such numbers (or ascertaining that such numbers have already
been assigned):
-
- (I) to aliens at the time of their lawful admission to the
United States either for permanent residence or under other authority
of law permitting them to engage in employment in the United States and
to other aliens at such time as their status is so changed as to make
it lawful for them to engage in such employment;
-
- (II) to any individual who is an applicant for or recipient of
benefits under any program financed in whole or in part from Federal
funds including any child on whose behalf such benefits are claimed by
another person; and
-
- (III) to any other individual when it appears that he could
have been but was not assigned an account number under the provisions
of subclauses (I) or (II) but only after such investigation as is
necessary to establish to the satisfaction of the Commissioner of
Social Security, the identity of such individual, the fact that an
account number has not already been assigned to such individual, and
the fact that such individual is a citizen or a noncitizen who is not,
because of his alien status, prohibited from engaging in employment;
and, in carrying out such duties, the Commissioner of Social Security
is authorized to take affirmative measures to assure the issuance of
social security numbers:
-
- (IV) to or on behalf of children who are below school age at
the request of their parents or guardians; and
-
- (V) to children of school age at the time of their first
enrollment in school.
-
- Footnotes:
-
- 1.Of course, there are a few cases which recognize objections to
the SSN on First Amendment, "freedom of religion" grounds; see Stevens
v. Berger, 428 F.Supp. 896 (E.D.N.Y. 1977); Callahan v. Woods, 658 F.2d
679 (9th Cir. 1981); and Callahan v. Woods, 736 F.2d 1269 (9th Cir.
1984). See also Leahy v. District of Columbia, 833 F.2d 1046 (D.C.Cir.
1987). See I Chron. 21:1-3; and Rev. 13:17, 14:9-10
-
- 2.Two challenges have been made concerning the requirement to
provide SSNs to vote; see Meyer v. Putnam, 186 Colo. 132, 526 P.2d 139
(1974), and Greidinger v. Davis, 988 F.2d 1344 (4th Cir. 1993).
-
- 3.It does not appear that the Social Security Trust fund is
administered by the Secretary of the Treasury; see 31 U.S.C., ß1321.
-
- http://fly.hiwaay.net/~becraft/ssn.html
-
- ==========================================================
-
-----Original Message-----
- From: Craig Burkholder [mailto:xxxxxxxxxxx]
- Sent: Monday, April 10, 2000 02:21 PM
- To:
- Subject: Re: Small Victories.......
-
- Hi Ray,
-
- Just wanted to drop you a line to let you know about a recent
small victory in the no-SSN corner.
-
- I recently tried to open a bank account with my local bank , and
when they asked for a SSN, I informed them that I didn't have one. They
flatly refused and said that without a SSN that they absolutely could
NOT open an account of any kind. I then proceeded thus to convince them
that they were in the wrong:
- 1) I informed them that I had terminated my SSN legally in
accordance with 20 CFR 3 ß 404.1905 and
- 2) I informed them that the bank could not be held legally
responsible by anyone for failing to obtain a SSN from me pursuant to
31 CFR 103.34(a)(1) and
- 3) I informed them that under the Internal Revenue Code Section
6041, that they were not even required to provide any taxpayer
identification numbers on the Form 1099 that they file with the IRS at
the end of the year, and
- 4) I informed them that pursuant to 26 CFR 301.6109-1(c) that
they were under no legal obligation to obtain a SSN from me, and
- 5) I informed them that 42 USC 408 makes it a FELONY to use
threat, duress, or coercion to try to force a person by fear or deciet
to provide his SSN in an unlawful manner.
-
- After a brief meeting with the banks controller and legal
counsel, I received a phone call stating that I would be allowed to
open a checking account. Please pass this information along to your
readers, in hopes that it may help someone else who may find themselves
in this situation.
-
- Craig Burkholder
- Harrisonburg, VA
-
I believe in paying all taxes for which the written law makes
me liable. I do not protest any tax; therefore, I am not a tax
protester. I protest the misapplication of the tax laws by the IRS and
the courts.
-
Learner's permit with no SSN & no
birth certificate
-
- "On Apr 14, Ray Iddings wrote:"
-
- [--------------- text of forwarded message follows
-----------------]
-
- Below is another success story to share with you.
-
- Please understand that Social Security Number Not Required does
not necessary endorse, agree, or disagree with the opinions or methods
use in the various success stories that we share with you. We simply
forward (unedited) some stories with you only because we wish to
celebrate their victory and show you just how easy it is to stand-up
for and assert your rights. These people may or may not have used our
Social Security Number Not Required Policy Manual to achieve their
success - we hope they did, because it the best way to assure your
success.
-
- We appreciate people share these stories with us - please
consider sharing your own story. Be sure to write it carefully and
double-check each citation (because we won't edit it for you).
-
- Regards, Ray Iddings http://www.semantechs.com/nossn/
-
- ++++++++++++++++++
-
- -----Original Message-----
- From: Jim Hill
-
- Sent: Thursday, April 13, 2000 08:54 PM
- To: Jim
- Subject: Learner's permit with no SSN & no birth certificate
-
- Today, I took my 15-year old son to get his "learner's permit" at
the local Department of Motor Vehicles. The first thing they asked for
was his Social Security card and a certified copy of his birth
certificate. He had neither.
-
- The "polite" lady sitting behind the desk looked puzzled at me
and asked if he had ever been issued one, to which I replied, "No." She
turned to her more senior co-worker and said, "What do we do if they've
never been issued one?" "He has to go get one, right?" The more senior
co-worker looked puzzled at me and asked, "He's never gotten one?"
Again, I replied, "No."
-
- In walked their supervisor who, when told the same information,
asked me the same question and received the same reply. She, being more
knowledgeable about the law than the other two, said, "Well, we can't
make him get one, so just put all nine's in that field (in the
computer)."
-
- That was just the first hurdle.
-
- Next was the birth certificate. I explained that we didn't have
that and offered up what we did have: 1) a school transcript from a
private, Christian school with his birth date on it, the school seal,
and no signature and 2) a family bible with my son's birth recorded in
it. The transcript was denied because it lacked a signature from the
principle or "guidance counselor." All that was left was the bible
which I had placed on the examiner's desk.
-
- In NC, as in all states, the common law is still in effect. In
fact, in NC, it is written into the General Statutes in Chapter 4
(http://www.ncga.state.nc.us/statutes/statutes_in_html/chp0040.html).
Under common law, an entry into a family bible is considered to be a
valid ID.
-
- I never opened the bible. They never asked to see it. I don't
know why. My guess is, considering all the grief they went through on
the Social Security issue, they figured they had some weirdo on their
hands. And, after looking at the bible sitting there they decided they
didn't want to go there at all! Who knows. Bottom line, he got the
permit without producing one solid "credential."
-
- But that's not the point to the story..
-
- The main point is that while we were there, several people came
in and several more called on the phone asking what they needed in
order to get their licenses. The phrase I heard repeated several times
by these DMV employees was, "A certified copy of your birth certificate
and a Social Security card." And everyone either handed these things
over to them or walked out the door without their license. Yet, here I
was, refusing to give either, and prevailing.
-
- Why? Because I'm smart? Not really. Because I'm good looking? Not
a chance! Because I know the law? Maybe. But then, there are many who
know the law better than I who fork over the information. Because I
prayed? You bet I prayed. But then, there are many Christians who pray
more than me, yet they have numbered their children and willing give
out their number whenever asked.
-
- The simple reason I prevailed is that there is no law requiring a
person to have a SSN in the first place and, knowing that, I just
refused to submit to their unlawful demands in that particular
instance. And that's the decision each of us has to make whenever we're
faced with an opportunity to either fight or submit. Tyranny does not
usually arrive with tanks and bullets (though there are exceptions). It
most often comes in a gentlemanlike, one on one confrontation, usually
with someone in a uniform. Sometimes you win, sometimes you lose (even
when the law is on your side). Either way, it sure beats the heck out
of just rolling over and submitting out of ignorance.
-
- Jim Hill
-
- http://www.1776web.net
-
- "..it does not require a majority to prevail, but rather an
irate, tireless minority keen to set brush fires in people's minds.."
--Samuel Adams
-
You cannot ""Rescind"" a Social
Security Number ... But ... (fwd)
-
- "On Apr 14, Ray Iddings wrote:"
-
- [------- text of forwarded message follows -----------]
-
- We really appreciate hearing first-hand success stories. We don t
always agree with various methods people use; sometimes, we even
disagree with their opinion. But we are always joyful about their
victory. With a few exceptions, it usually very easy for people to be
victorious with social security number issues simply because there are
no foundational law or regulations requiring a person to obtain, have
or use a social security number to live or work in the United States.
In fact, it is usually so easy that many people enjoy success even when
they cite inappropriate law and erroneous opinion ... Of course, the
success is always much better when you are right. You can visit our web
site at http://www.semantechs.com/nossn/ to learn more about this issue.
-
- Clarification Issue Number 1 You Cannot Rescind a Social Security
Number ... There are basically three recession arguments being purposed
by various groups. These arguments are as follows:
-
- * Withdraw your Application These people often point to the
Social Security Administration Form SSA-521, Request for Withdrawal of
Application as evidence for their program. Certainly, from the name of
this form, we could be lead to believe that it is possible to withdraw
the Application for a Social Security Card. What their sales pitch
doesn't tell you, is that this form is only used to withdraw an
application for various social security benefits.
- * Cancel Application because it is not binding Some groups claim
that you can cancel or void your social security card because you did
not apply for it yourself. That is, your parent's or guardian submitted
the application on your behalf when you were a child. Since you were
not of legal age to enter into a contract, the original application for
a social security card is not legally binding upon you as an adult;
thus, the original application can be rescinded. There is merit to this
assertion, but you will need to argue your case in court as soon as you
reach the age of majority to be successful.
- * Terminate the agreement as provide in 20 CFR 404.1905 This
assertion presents the idea that federal regulations provide the Social
Security Administration with the legal authority to rescind or cancel a
social security account. The proponents of this program tell you that
you are asserting your legal rights under 20 CFR 404.1905, Termination
of agreements. However, they fail to disclose the rest of the story,
which is that the agreement written of this portion of code is a thing
call a totalization agreement defined in 20 CFR 404.1901. As we read
both sections together, we find that a totalization agreement, which is
entered into between "the President ... and ... a foreign country"
"shall contain provisions for its possible termination." This section
of regulation has nothing to do with individual citizens and the
issuance or recession of social security numbers. The proponents of
this argument are simply pushing another scam.
-
- The interesting thing about most federal law is that it does not
apply to individual citizens but instead defines the operating rules
for the various federal agencies. The Social Security Administration is
one of those agencies. The majority of the laws and regulations written
about the social security number dictate rules to the Social Security
Administration about how they assign, use or react to the number issue.
That is, things like the following:
-
- * They assign a number when they receive an application ...
- * They verify that a number and name match their record ...
- * To receive Social Security benefits, the applicant must have a
number issued ...
-
- The Social Security Administration, like all government agencies,
is highly regulated; they are not permitted to do anything without
Congressional authorization ... that is what the laws and the
regulations are written for. Within those laws and regulations,
Congress never authorized the Social Security Administration to rescind
or cancel a social security number. Therefore, the Social Security
Administration cannot and will not rescind or cancel any social
security number once it has been assigned to an applicant.
-
- Even though several Social Security Administration documents
attempt to personalize the number by saying it is "your social security
number," nothing could be further from the truth. If it were "your"
number, then you could do with it as you wish ... including changing
the number. Many people would probably like to change their social
security number to something more personal ... but if you do that, you
could go to jail.
-
- But, You Don't Need to Use a Social Security Number Since there
are many laws that attempt to define using a false social security
number as fraud it would be unwise to use a different number since
using a number other than the one assigned to you might be considered
fraud. However, declining or refusing to use a number because of
religious/whatever conviction or because a number has not been assigned
to you is legal and reasonable.
-
- Additionally, telling people that you do not have a social
security number, even if one was assigned to you, may be a correct
statement for two primary reasons:
-
- * The social security number is not yours, it belongs to the
Social Security Administration. If it was yours, they could not prevent
you from changing it.
- * You probably did not solicit the Social Security Administration
for a social security number ... somebody else, maybe your parents, did
that for you. As such, you have no obligation, nor have you made any
promises regarding the use, disuse, or abuse of any social security
number that may have been assigned to you because of somebody else's
action. ... Since you were not a party to the action, you are not
obligated to recognize the fact that someone else may/or may not have
requested a social security number for you ... The point is ... you
have no social security number.
-
- Clarification Issue Number 2: Form-1099 Reporting Is Not
Appropriate Without a Social Security Number
-
- The law mandates that "Every payor of any reportable payment (as
defined in section 26 USC 3406(b)(1)) who is required to deduct and
withhold tax under section 3406 must furnish to the payee a written
statement containing ... Information required." And, the required
information "must show the ... name, address, and taxpayer
identification number of the person receiving any reportable payment."
If the payor cannot show these three items, they cannot comply with
this law and may be penalized for providing a frivolous return if they
attempt to do so. Without a TIN (or SSN), the bank or anybody else
should not file a Form-1099 (or Form-W2) because it is not required to
do so ... If fact, doing so, would be a frivolous return and you could
be fined $500.00.
-
- Often normally unreportable income or payments become reportable
when or if you provide a social security number or taxpayer
identification number.
-
-
The Rest of the Story
From: Leslie R. Pastor
Subject: [svpvril] An Observation of The Control Paradigm - Tom Valone
- Integrity Research Institute
Date: November 30, 2005 1:59:04 AM MST
To: http://svpvril.com/phpbb2/index.php
Thomas Valone has been vindicated. He is a prime example of a
lifetime demonstration of how the control paradigm works and functions
as a complete 'system.' The reality of the 'control' paradigm has been
significantly demonstrated via his own personal life experience. He is
truly a significant individual of high moral standards, and I applaud
his significant contributions.
All the Best,
Leslie R. Pastor
PS:
Tom Valone was fired from his employment as a Patent Examiner, when
he attempted to host a COFE at the U.S. Dept of Commerce. Here is his
Arbitration Decision: http://users.erols.com/iri/ValonePatentOfficeDecision.htm
As was expected, he has been completely vindicated. The Arbitrator
revealed significant 'collusion' between Robert Park [APS] and Peter
Zimmerman [ACDA]
Research:
Antony
C. Sutton Wrote About Dr. Peter Zimmerman
The
Peter Zimmerman Affair and the Cold Fusion CheckMate
Peter
Zimmerman and Randell L. Mills
The
Empire Strikes Back [Village Voice]
What's New by
Bob Park
Internet
Infidels
Energy Crisis: The
Failure of the Comprehensive National Energy Strategy [Tom Valone]
Conference
On Future Energy
The First
Conference On Future Energy
The Second Conference On
Future Energy [September 23-24, 2006]
A recent Holiday Greeting from Tom
Bearden
Thanks Les!
And I'm delighted Tom Valone won his case, even after all this
lengthy period. Once in awhile the wheels of justice do grind and
finish their job. I'm very glad that Tom Valone - who is a good
researcher and who struggles mightily to advance this "field that is
not yet a field" - did win the arbitration.
Otherwise, if the system always is allowed to always enforce the
status quo, then the progress of science halts. The present status quo
enforcement in science is particularly damaging to our young doctoral
candidates and post doctoral scientists, many of whom are keen to do
some research in this area. But presently the system almost always
compels them to either (1) toe the orthodox line, or (2) get out and
forget their careers.
I fervently believe science is and must be based on investigation
and experiment, not dogma. And I also believe the "old models" - and
their accepted foundations concepts and assumptions - must always be
re-examined to discover errors that imprison us - as Einstein so
fervently pointed out when he stated:
"...the scientist makes use of a whole arsenal of concepts which he
imbibed practically with his mother's milk; and seldom if ever is he
aware of the eternally problematic character of his concepts. He uses
this conceptual material, or, speaking more exactly, these conceptual
tools of thought, as something obviously, immutably given; something
having an objective value of truth which is hardly even, and in any
case not seriously, to be doubted. ...in the interests of science it is
necessary over and over again to engage in the critique of these
fundamental concepts, in order that we may not unconsciously be ruled
by them." [Albert Einstein, "Foreword," in Max Jammer, Concepts of
Space: The History of Theories of Space in Physics, Harvard University
Press, Cambridge, Massachusetts, 1969, p. xi-xii.]
Hope you had a nice Thanksgiving!
Cheers,
Tom
From: Leslie R. Pastor
Sent: Friday, November 25, 2005 5:24 AM
To: Tom Bearden
Subject: Tom Valone is Hosting the 2nd COFE
Good Morning Tom,
Tom Valone is hosting the 2nd International
Conference on Future Energy on September 23-24, 2006.
http://users.erols.com/iri/cofe.html
All the Best,
Leslie R. Pastor
Research: Tom Valone
http://users.erols.com/iri/
http://users.erols.com/iri/cofe1.html
http://users.erols.com/iri/speakerlist.html
http://www.nuenergy.org/cofe/cofe.html
http://users.erols.com/iri/ValonePatentOfficeDecision.htm
Tom Valone is restored to his job at PTO. Patent Trade Office
[Department of Commerce]
Peter Zimmerman and Bob Park [APS] are mentioned as instigators in
the grievance.
http://users.erols.com/iri/ValonePatentOfficeDecision.htm
Antony C. Sutton mentioned Peter Zimmerman to me, and asked to
research him.
http://www.zpenergy.com/modules.php?name=Forums&file=viewtopic&p=296
COFE HISTORY
The wrongful dismissal arbitration case of IRI President, Thomas
Valone, as a patent examiner from the US Patent Office in 1999 has
finally been resolved in 2005! Read the complete Arbitrator's Decision
(80-page html) for a fairly balanced biography of the case.
The Village Voice magazine carried a story entitled, "The Empire
Strikes Back" by Erik Baard (4/10/2001), which reviews the effects of
Drs. Park and Zimmerman interference with Dr. Randell Mills' patent
applications, and concludes with a review of COFE:
"Park and Zimmerman have certainly affected patent-office affairs
before. Patent Examiner Tom Valone was invited by the State Department
to organize an April 1999 Conference on Free Energy to explore
alternatives to fossil fuels, many of which were controversial.
Zimmerman told an American Physical Society gathering that Park asked
him to put a stop to it. 'The week before I was to start [at the State
Department] Bob [Park] sends me an e-mail, in which he tells me in some
detail about the Conference on Free Energy under the sponsorship of the
Secretary of State's Open Forum. It says, "Pete, if you can't get that
killed, what's the point of having you at the State Department?"' The
conference was evicted from the State Department auditorium and then
from the Department of Commerce. Park says he then called 'an
investigative reporter' who writes for Science, suggesting he look into
the patent office. The reporter, APS physicist David Voss, wrote a
scathing article in the magazine's May 21, 1999 issue describing
Valone's personal interest in novel theories, while acknowledging he
never approved patents with questionable backing. Nonetheless, Valone
says the report contributed to his dismissal.