[Lnc-business] MOTION: Oppose HR 4886 (bill violating the privacy of purchasers of mobile devices)
Starchild
sfdreamer at earthlink.net
Wed Jun 15 19:53:07 EDT 2016
Oops – Please remove the excess "to" from my motion below, so that it reads "...urge that this action be conveyed..."
Love & Liberty,
((( starchild )))
At-Large Representative, Libertarian National Committee (2016-2018)
RealReform at earthlink.net
(415) 625-FREE
On Jun 15, 2016, at 4:47 PM, Starchild wrote:
> A bad bill in Congress just came to my attention which I think it would be good for the Libertarian Party to publicly oppose. The legislation, introduced by SF-area Democrat representative Jackie Speier* I'm sorry to say, would require purchasers of pre-paid mobile devices to give up their privacy as follows, plus show government-issued or government-approved ID for in person sales:
>
>> Prior to the completion of any sale of a pre-paid mobile device or SIM card to a purchaser, an authorized reseller shall require the purchaser to provide the following information:
>> (1) The full name of the purchaser.
>>
>> (2) The complete home address of the purchaser.
>>
>> (3) The date of birth of the purchaser.
>>
> I make the following motion, and ask for seconds:
>
> -------------------------------------------------------------------------
> MOVED: That the national Libertarian Party go on the record formally opposing HR 4886 as an unconstitutional and unjustified assault on telecommunications privacy and a further step toward a totalitarian State, and that we the members of the LNC urge that this action to be conveyed to members of the public via our website LP.org, to those who receive party press releases via email, and published in LP News.
> -------------------------------------------------------------------------
>
> Hat tip to the Sex Workers Outreach Project for the heads up on this. See correspondence below for the letter that our chapter of SWOP will likely send, including my proposed added language about the legislation being unconstitutional, and for a link to the text of the legislation.
>
> Love & Liberty,
> ((( starchild )))
> At-Large Representative, Libertarian National Committee (2016-2018)
> RealReform at earthlink.net
> (415) 625-FREE
>
> *May be pronounced "Spy-er" in reference to this legislation.
>
>
>
> Begin forwarded message:
>
>> From: Starchild <sfdreamer at earthlink.net>
>> Date: June 15, 2016 4:20:58 PM PDT
>> To: swop-sf-members at googlegroups.com
>> Subject: Re: Federal Legislation Oppose HR 4886
>> Reply-To: swop-sf-members at googlegroups.com
>>
>> I agree we should oppose HR 4886, and the letter below opposing it looks good as far as it goes, but I'd like to add the following sentence to what we send out:
>>
>> Furthermore, HR 4886 is clearly unconstitutional, as the Constitution does not delegate to Congress any authority to regulate people's access to mobile communications devices.
>>
>> This could be added just before the final sentence of the letter, after "...legislating ways to violate it." I think it's good to point out that not only is this wrong, but it's unlawful as well.
>>
>> Love & Liberty,
>> ((( starchild )))
>>
>>
>> On Jun 15, 2016, at 11:17 AM, Sophia Amelia wrote:
>>> Okay, unless I hear otherwise from members, I will send this email out to those supporting this bill in the next few days, on behalf of SWOP Bay.
>>>
>>> On Jun 15, 2016 12:47 PM, "La Sirene" wrote:
>>> YES. It punishes the poor and elderly, those who are also trying to be disenfranchised by voter laws that require ID.
>>>
>>> ~Amy
>>>
>>> On Tue, Jun 14, 2016 at 6:56 PM, Sophia Amelia wrote:
>>> Do you guys feel that this is something that SWOP Bay should get behind?
>>>
>>> Thank you!
>>> Sophia
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>> Sophia Amelia
>>> Sacred Courtesan
>>>
>>>
>>>
>>> On Thu, May 19, 2016 at 2:58 PM, activisthooker wrote:
>>>
>>> Text: H.R.4886 — 114th Congress (2015-2016)
>>> Summary: H.R.4886 — 114th Congress (2015-2016)
>>>
>>> Closing the Pre-Paid Mobile Device Security Gap Act of 2016
>>>
>>> This bill requires authorized resellers of pre-paid mobile devices or SIM cards to require purchasers to provide their name, home address, and date of birth.
>>>
>>> For in-person sales, an authorized reseller must require purchasers to display for verification: (1) a government-issued photographic identification card or a document acceptable under the Immigration and Nationality Act for employment authorization or establishing identity; and (2) any two of a Form W-2 Wage and Tax Statement from the Internal Revenue Service, a Form 1099 Social Security Benefit Statement or a Form 1099 from another federal agency, or a document containing personal identifying information that the Department of Justice (DOJ) finds to be acceptable. For all other sales, an authorized reseller must require purchasers to submit their: (1) credit or debit card account information, (2) Social Security number, (3) driver's license number, and (4) any personal identifying information that DOJ finds to be necessary.
>>>
>>> Authorized resellers must make a record of their sales that includes: (1) the information obtained from purchasers to verify their identity; (2) the date of sale; (3) the manufacturer and the wireless carrier of the device or SIM card; (4) any assigned telephone number or other identifier of the subscriber or account; and (5) if applicable, the international mobile equipment identifier number, electronic serial number, mobile equipment identifier, international mobile subscriber identifier, and machine address code. Within 30 days after a sale, an authorized reseller must transmit such record to the wireless carrier for the device or SIM card.
>>>
>>> Purchasers are subject to criminal penalties for providing false or misleading identifying information or documents. A civil penalty is established for authorized resellers or wireless carriers who fail to comply with this Act.
>>>
>>> The bill also prohibits and establishes criminal penalties for the sale of a pre-paid mobile device or SIM card by a person who is not an authorized reseller.
>>>
>>> ____________________________________________________________________________
>>>
>>> Below is a sample letter opposing HR 4886. As I was making the list of politicians, I noticed many of their websites say they don’t care to hear from us if we are not in their district. Most of the contact forms require you to enter your zipcode to ensure that you are in their district This leads me to believe that the best thing to do is email the few that provide email addresses and fax your letter to the rest.
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>> SAMPLE LETTER
>>> Insert Date
>>>
>>>
>>> Re: Oppose H.R. 4886
>>>
>>> To (insert name)
>>>
>>> I oppose H.R. 4886 (https://www.congress.gov/bill/114th-congress/house-bill/4886) because it is a major invasion of privacy, it creates insurmountable barriers in accessing communication devices and will not achieve its stated purpose but will instead hurt poor people.
>>>
>>> Cell phones and other wireless electronic devices are vital communications tools that have become necessary for full participation in modern life. But they are also powerful tracking devices that can be used to infringe on individual privacy.
>>>
>>> Knowing where a person’s phone is located can reveal sensitive information, like when they go to the doctor or psychologist, what political activities they engage in, who they spend time with, and where they sleep at night.
>>>
>>> H.R. 4886 creates barriers. Americans are currently struggling with accessing their right to vote. The unscrupulous will always find ways around these proposed barriers while the poor will be left behind economically, culturally and socially. Meanwhile, law enforcement agencies will have access to a new trove of personal information without ever getting a warrant from a judge, and without meaningful oversight. Our hope is that you as an elected official are more interested in protecting America’s privacy instead of legislating ways to violate it.
>>>
>>> This law does nothing to prevent criminal activity and is a major invasion of privacy. We oppose H.R. 4886.
>>>
>>> Insert your name and email address
>>> Committees: H.R.4886 — 114th Congress (2015-2016)
>>>
>>> Referred to House Judiciary subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
>>>
>>> The Subcommittee on Crime, Terrorism, Homeland Security, and Investigations shall have jurisdiction over the following subject matters: Federal Criminal Code, drug enforcement, sentencing, parole and pardons, internal and homeland security, Federal Rules of Criminal Procedure, prisons, criminal law enforcement, and other appropriate matters as referred by the Chairman, and relevant oversight.
>>>
>>> Sponsor of the bill
>>> Congresswoman Jackie Speier
>>> https://forms.house.gov/speier/webforms/email_jackie.shtml
>>> 2465 Rayburn House Office Building, Washington, D.C. 20515.
>>> Phone: (202) 225-3531 | Fax: (202) 226-4183.
>>>
>>> REPUBLICANS
>>>
>>> Chairman Jim Sensenbrenner, Jr., WI-05 http://sensenbrenner.house.gov/contact/email.ht
>>> Rayburn House Office Building
>>> Washington, D.C. 20515
>>> (202) 225-5101 (262) 784-9437 (fax)
>>>
>>>
>>> Rep. Steve Chabot, OH-01 @RepSteveChabot http://chabot.house.gov/contact/
>>> 441 Vine St Room 3003
>>> Cincinnati Ohio 45202 (513) 684-2723 (513) 421-8722 (fax)
>>> Rep. Randy Forbes, WA-04 http://forbes.house.gov/contact/zipauth.htm
>>> 2135 Rayburn House Office Building
>>> Washington, D.C. 20515
>>> (202) 225 - 6365 (202) 226 - 1170 (fax)
>>>
>>> Rep. Louie Gohmert, TX-01 http://gohmert.house.gov/contact/
>>> 2243 Rayburn House Office Building
>>> Washington, D.C. 20515
>>> (202) 225-3035 (202) 226-1230 (fax)
>>>
>>> Rep. Ted Poe, TX-02 http://poe.house.gov/contact-me
>>> 2412 Rayburn House Office Building
>>> Washington, D.C. 20515
>>> (202) 225-6565 (202) 225-5547 (fax)
>>>
>>> Rep. Jason Chaffetz, UT-03 https://chaffetz.house.gov/contact/
>>> 2236 Rayburn House Office Building Washington, D.C. 20515-4403.
>>> (202) 225- 7751
>>>
>>> Rep. Trey Gowdy, SC-04 https://gowdy.house.gov/contact
>>> 1404 Longworth HOB Washington, DC 20515
>>> Phone: (202) 225-6030 Fax: (202) 226-1177
>>>
>>> Rep. Raul Labrador, ID-01 https://labrador.house.gov/email-me/
>>> 1523 Longworth HOB Washington, DC 20515
>>> (202) 225-6611 (202) 225-3029 (fax)
>>>
>>> Rep. Ken Buck, CO-04 https://buck.house.gov/contact/email 416 Cannon House Office Building Washington, DC 20515
>>> (202) 225-4676 (202) 225-5870 (fax)
>>>
>>> Rep. Mike Bishop, MI-08 https://mikebishop.house.gov/contact
>>> 428 Cannon HOB Washington, D.C. 20515
>>> (202) 225-4872 (810) 227-8628 (fax)
>>>
>>> DEMOCRATS
>>>
>>> Ranking Member Sheila Jackson Lee, TX-18 https://jacksonlee.house.gov/contact
>>> 2252 Rayburn House Office Building Washington, D.C. 20515-4403.
>>> (202) 225-3816 (202) 225- 3317
>>>
>>> Rep. Pedro Pierluisi, PR-AL https://pierluisi.house.gov/contact
>>> 2410 Rayburn House Office Building Washington, D.C. 20515-4403.
>>> (202) 225- 2615 (202) 225-2154 (fax)
>>>
>>> Rep. Judy Chu, CA-27 https://chu.house.gov/connect-with-me/email-judy
>>> 2423 Rayburn HOB Washington, D.C. 20515
>>> Phone: (202) 225-5464 Fax: (202) 225-5467
>>>
>>> Rep. Luis Gutierrez, IL-04 https://gutierrez.house.gov/contact-me
>>> 2408 Rayburn HOB Washington, D.C. 20515
>>> (202) 225-8203 (202) 225- 7810 (fax)
>>>
>>> Rep. Karen Bass, CA-37 https://bass.house.gov/contact
>>> 408 Cannon HOB Washington, DC 20515
>>> Phone: (202) 225-7084 Fax: (202) 225-2422
>>>
>>> Rep. Cedric Richmond, LA-02 @RepRichmond https://richmond.house.gov/contact-cedric
>>> 240 Cannon HOB Washington, DC 20515
>>> Phone: (202) 225-6636 Fax: (202) 225- 1988
>>>
>>>
>>>
>>> --
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