First International Conference on
Free Energy
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
More Common
Law materials.
Open Bank Account w/o SSN#
- 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
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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
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send an e-mail message with "info" in the body to:
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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.
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