Libertarian ping! Click here to get added or here to be removed or post a message here!
View past Libertarian pings here
Posted on 04/22/2010 2:59:00 PM PDT by Windflier
THE PUBLIC SERVANT QUESTIONNAIRE
Key Points:
An American does not have to speak with a government agent unless the citizen has been arrested.
Americans have a right to privacy, to be left alone.
The PRIVACY ACT OF 1974 (Public Law 93-579), empowers citizens to require full, written disclosure from a government official who seeks information.
You may insist on complete disclosure as a precondition to speaking with any government official.
The Limits On Federal Power:
Law-abiding citizens are sometimes visited by agents of the Federal government for no apparent reason. It is helpful, at the time of these visits, to recall that unless a citizen has been placed under arrest (either because a law enforcement officer has probable cause to believe the citizen has committed a crime or because the officer has in his possession an arrest warrant issued by a judge who believes there is probable cause the citizen has committed a crime, a citizen does not have to entertain the company of government agents.
Citizens also have the right, guaranteed by the Fifth Amendment to the United States Constitution, not to testify against themselves. Thus, when "the government" comes knocking on one¹s door, you have the right to simply say, "Please go away." Unless the government officer places you under arrest (there must be probable cause, or an arrest warrant based on probable cause), the officer must obey your wishes.
Be Helpful.... On Your Terms
Of course, citizens also have a vested interest in assisting "the government" in its role of crime-solver. Most of us understand the need to help "the government" to apprehend criminals. But it is also helpful, when "the government" arrives at your place of employment or at your home, to know how to find out why government agents have appeared on YOUR doorstep.
A handy little questionnaire that I came across years ago will do the trick. It¹s called the "Public Servant Questionnaire." A version accompanies this article. The "PSQ" was developed by Lynn Johnston, author of Who's Afraid of the IRS? (Libertarian Review Foundation: 1983, ISBN 0-930073-03-7).
The PSQ is based on the requirements placed upon the government by the Privacy Act of 1974 (Public Law 93-579), an amending law to Title 5, United States Code, Section 552, and is included as Section 552a.
If a citizen chooses to cooperate with government officials who are seeking information, BEFORE questioning begins, the citizen should politely inform the government agent or agents that a prerequisite for the citizen's cooperation with "the government" is the agent¹s cooperation with the citizen.
Do It Right, The First Time
The questions should then be put to each agent, and the citizen should enter the answers onto the questionnaire. Copies should be provided to each agent, either at the time of the questioning or by mail to the agent after the visit. The questionnaire informs the government agent that the citizen knows his rights and knows which limited powers the government agent has been granted by the people.
Most probably some government agents will not want to fill out or sign the PSQ. That’s fine. They can then be sent on their merry way. They may need to explain to their superiors, and a court of law, and a jury, on another day, why they refused to cooperate with the reasonable questions of the highest officeholder in the land, a citizen.
Download the Public Servant Questionaire here
Bump & bookmark. Thanks!
Ping
Glad to pass it along.
Thnx, Windflier, for giving this its own thread. It’s an awesome form. I’ve already made copies to go by my front door and sent to my email list.
http://epic.org/privacy/1974act/
I would like to know how this affects the new Health Care Law and the Proposed Bank Regulations.
Interesting Act on more than one front.
Thanks. Archived.
Good job. Thanks for sharing with those you care about.
At the very least, using this tool will act as a brake on unconstitutional meddling by federal agents who are attempting to violate your constitutional rights in person.
Of course, our best tool is the Constitution itself, which we may have to defend in the streets to force compliance.
Sorry, just clicked on your link and did some reading about the Privacy Act of 1974. The article there raises more concerns than I’m able to explore until I do a close study of it.
Good question, though. Hopefully, some more well-informed members will comment.
ahhh... but the law covers more than just the in person thing. It talks of being able to pull personal information off of a database system. Doesn't the new health care law require such ability? Doesn't the new banking regulations require such an ability if they are monitoring every transaction? Won't the new immigration and ID card do the same thing?
Yeah. You may have stumbled on something you think is only good for the census folk, but maybe there is something more? This law says we can sue the government for violations of our privacy.
Very interesting and informative, BUT, IS THERE SOMETHING SIMILAR FOR STATE AND LOCAL USE?
It appears that you have just discovered a huge protection against the Tyrannical (health care) Act.
Everyone reading this thread ought to bookmark your link to this, for future reference. We'll probably all need it sooner than we think.
There's a post on the thread with a link to a guide for dealing with local and state police.
I’m obviously having a blonde moment.....I don’t see it.
You might check number 4, it’s about the census folks. But my question still stands with regards to a bunch of the new stuff. Hummm... ? I hope some other FReepers pick up on this and can explore it.
(b) Conditions of Disclosure.—No agency shall disclose any record
which is contained in a system of records by any means of communication
to any person, or to another agency, except pursuant to a written
request by, or with the prior written consent of, the individual to whom
the record pertains, unless disclosure of the record would be—
(1) to those officers and employees of the agency which
maintains the record who have a need for the record in the
performance of their duties;
(2) required under section 552 of this title;
(3) for a routine use as defined in subsection (a)(7) of this
section and described under subsection (e)(4)(D) of this section;
(4) to the Bureau of the Census for purposes of planning or
carrying out a census or survey or related activity pursuant to the
provisions of title 13;
(5) to a recipient who has provided the agency with advance
adequate written assurance that the record will be used solely as a
statistical research or reporting record, and the record is to be
transferred in a form that is not individually identifiable;
(6) to the National Archives and Records Administration as a
record which has sufficient historical or other value to warrant its
continued preservation by the United States Government, or for
evaluation by the Archivist of the United States or the designee of
the Archivist to determine whether the record has such value;
(7) to another agency or to an instrumentality of any
governmental jurisdiction within or under the control of the United
States for a civil or criminal law enforcement activity if the
activity is authorized by law, and if the head of the agency or
instrumentality has made a written request to the agency which
maintains the record specifying the particular portion desired and
the law enforcement activity for which the record is sought;
(8) to a person pursuant to a showing of compelling
circumstances affecting the health or safety of an individual if
upon such disclosure notification is transmitted to the last known
address of such individual;
(9) to either House of Congress, or, to the extent of matter
within its jurisdiction, any committee or subcommittee thereof, any
joint committee of Congress or subcommittee of any such joint
committee;
(10) to the Comptroller General, or any of his authorized
representatives, in the course of the performance of the duties of
the Government Accountability Office;
(11) pursuant to the order of a court of competent jurisdiction;
or
(12) to a consumer reporting agency in accordance with section
3711(e) of title 31.
Gov’t loopholes:
(7) to another agency or to an instrumentality of any
governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought;
(8) to a person pursuant to a showing of compelling
circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual;
So, in other words, this statute is as worthless as the paper it’s written on, and does nothing to actually protect the constitutional rights of the individual.
Is the health care mandate civil, criminal, or a tax with enforcement through the IRS? Or really just a threat against an individuals privacy?
The penalty is assessed through the Code and accounted for as an additional amount of Federal tax owed. However, it is not subject to the enforcement provisions of subtitle F of the Code. The use of liens and seizures otherwise authorized for collection of taxes does not apply to the collection of this penalty. Non-compliance with the personal responsibility requirement to have health coverage is not subject to criminal or civil penalties under the Code and interest does not accrue for failure to pay such assessments in a timely manner. Sec.5000A(g)(2)
Again this circles back to how does or can the Privacy Act protect me?
“....I don’t see it.”
Sorry, it’s here:
http://www.freerepublic.com/focus/f-bloggers/2498454/posts?page=52#52
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.