Reading time: 4 – 6 minutes

Secret Weapon To  Protect Medical Privacy

Medical information is among the most private personal information.  New healthcare laws in the US essentially require doctors to make all of their records electronic and store them in government databases.  This poses a serious threat to patient privacy rights.  There is one way to find private hospitals where your information will not be entered into US databases and you may even get better health care for much less.

Risk to Patient Privacy Rights

Having detailed medical information housed in one massive database makes it one of the most lucrative targets for hackers.  It will not only contain health information (potentially worth its weight in digital gold to the highly ethical pharmaceutical industry), but it will also include demographic information, like race, ethnicity, primary language, and gender.  This information is golden to marketers.  And that says nothing of its value to identity thieves.

Government databases are well known as extremely poorly protected.  They aren’t even capable of protecting classified and top secret material.  I hate to think how well they will protect our medical data.  It may only be a matter of time before our medical histories are public information.

There Is Bound To Be Abuse

The law permits use of the data for clinical research, even if the subject objects to the use of their data.    North Carolina sheriffs have already asked to browse prescription records to look for potential pain medication abusers.  With even more data available, who knows what kinds of crimes they think your medical records might be evidence of.

About 12 million people will have to have access to such a health system, from heart surgeons to grocery store pharmacists.  It is inevitable that one of those 12 million will be able to accidentally or purposefully leak massive amounts of data.

And, if the US social services system becomes anything like the UK system, the government will be able to take away people’s kids for being overweight or for a learning disability.  Having all medical records searchable means that many more innocent people with unfortunate genes could be the target of overzealous social workers.

Protect Patient Privacy Rights

To prevent medical procedures or conditions from showing up in US medical record databases, use offshore medical facilities.  Seeking treatment in private hospitals in other countries is often called medical tourism and can be far more beneficial than just protecting privacy.  Many hospitals in places like New Zealand, Thailand, India, Mexico and Costa Rica, cater to wealthy foreigners.  In many cases the doctors are trained in the US.  They offer as good, or better, health care than any US facilities and they are usually 50% to 90% cheaper, including all travel expenses like airfare and hotel.

Risks

Before seeking medical care abroad, be sure to do extensive research.  Although some private hospitals may cater to wealthy travelers, not all hospitals in those countries will be the same.  Some will offer substandard care in unhealthy facilities.

Most other countries will not protect patients from medical malpractice, like they do in the US, and pharmaceutical companies may not be liable for injuries from medications like they are in the US.  Also, medical information in foreign countries may not be protected as private.

Protect Yourself From Risks

There are several companies that help arrange offshore medical visits to make sure you select the best facilities and doctors.  There are also voluntary organizations that certify medical facilities such as the JCI to promote quality care.  A considerable amount of research should be done before seeking medical treatment away from home.

Conclusion

Seeking medical treatment abroad can help protect patient privacy rights.  Information about those visits will not be automatically entered into the US electronic health record database.  Additionally, seeking care offshore can be far less expensive, it can be as good, or better than US care, and you may even have access to many treatments, drugs and procedures that are not permitted in the US.  Don’t forget to check out the book How To Vanish for more ways to protect your privacy.

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1. Facebook and Privacy: How Private Is Your Profile?
2. Learn How To Avoid Private Investigators – Followed By A Private Investigator
3. Internet Privacy Guard: Fraud Edition

Reading time: 6 – 10 minutes

Your home address is one of the most sensitive pieces of information you have.  You don’t want uninvited visitors bothering you and your family at home.  Even though lots of businesses want to get a hold of your home address for marketing purposes, there are a lot of ways to prevent revealing your home address without paying that extra $1 for your Cheerios.  Using a P.O. box or other ghost address will usually cut it when you need to share your home address without disclosing where you and your family actually hang out.

One of the only times that you can’t use a ghost address is with a drivers license.  A drivers license is an absolute necessity for most people and you can’t get one unless you reveal the place where you and your family lay your heads at night.  Usually.  There is one way to drive legally in the US without having to give away your most sensitive information.  Use a foreign drivers license.

Revealing Home Address Is Not Safe

“But,” you say, “not just anyone can go look up DMV records.”  “What is the harm,” you proclaim, “from sharing your home address with the government?”

Remember the geniuses you had to deal with the last time you were at the DMV?  They are the ones protecting the vast amounts of information in their databases.  A little bit of social engineering and, voila: data is easily compromised.

Plus, the bigger the stash of data, the bigger the target for identity thieves and hackers.  DMV databases are ripe targets because they house so much important data.  Yet the public is essentially forced to store their data in DMV databases and take that risk.

Foreign Drivers Licenses Are Legal

You can drive in any state with a valid drivers license from any other state.  You can also drive with a valid drivers license from any other country.  (Check Out California Vehicle Code Section 12502 (a)(1)).  International drivers license certificates are not required and are really only suggested if your drivers license is from an obscure country. The other great thing about foreign drivers licenses is that you don’t have to reveal any information to the US government to get it.  You might be able to find another country that requires less information, or stores less of it in vast electronic databases.

Get A Foreign Drivers License

Every country will have its own laws, but generally if you have permanent residence you can get a drivers license.

Avoid Having To Get A Local Drivers License

Here is where using a foreign drivers license can be tricky, but it is still doable. Most states make you get a license after residing there for just a few days or weeks.  This doesn’t apply if you are NOT a resident of the state.  If you are a temporary visitor to a state and have your permanent residence somewhere else (like another country) you will not have to get a local license, thereby allowing you to drive without complying with dangerous rules. (Check out California Vehicle Code Section 12505(c)).

People with multiple residences in multiple states have dealt with this issue often.  Even though they may spend a few months out of the year at their winter home in Phoenix, a few weeks at their cabin in Montana, and the rest of the year at their permanent home in Lake Tahoe, NV, they do not need to get more than one drivers license.  They get it in the place that is their permanent home.  It is actually illegal to have more than one drivers license at a time.  Using a foreign license is a similar concept on an international scale.

Show Permanent Residency Where You Want It

You are generally considered a resident of the place where you call home, the place where you intend to return.  To demonstrate this very subjective standard, you can look at other factors to provide evidence of your permanent residence.  Things like your voting registration, where your permanent home is, and several other factors could demonstrate adequate residency. (Check out California Vehicle Code Section 12505(a)).

Avoid Residency

Employees are almost always a resident of the place where they have a job.  Either make sure you can work remotely, commute to the place where you work, or avoid being a regular employee.  Also, avoid paying in-state tuition if you are  a student, or if your kids are students.

There are dozens of other facts that could be used to show where your permanent residence is.  The more factors that fall in the place where you wish to be a permanent resident, the better.  The State Income Tax Optimization Guide has a comprehensive strategy for controlling where those factors appear and where they do not.

Time Is Not Critical

Many people think that the amount of time you spend somewhere is critical.  I often hear the phrase 6 months and 1 day.  This may be true in some places, but for the most part it is just a guideline and is not determinative.  It can be helpful (or hurtful) but it isn’t everything.  Just because you happen to spend more than 6 months in a particular place does not mean that you are a permanent resident there.  If other factors line up heavily in favor of some other location as your permanent residence, the other factors will probably control.

Conclusion

Most of these rules are based on the rules of California.  Most other places are not as strict.  So if you have a valid foreign drivers license and avoid having to get a drivers license in the state where you happen to be driving, you can protect a very important piece of information… where your family actually lives.  So go ahead and protect your family from the useless and dangerous requirement of disclosing your home address in order to drive by getting a foreign drivers license.  For more tips on how to protect your important personal information sign up for the email list.  For a comprehensive strategy to protect your privacy, check out How To Vanish the book.

RELATED POSTS:

1. How WHTI Affects You
2. Fraudulent Identification Documents
3. Police Corruption Out Of Control: Threatens Personal Information

Reading time: 2 – 2 minutes

Last Wednesday I attended the Los Angeles Premier for the movie Soul Surfer. I was invited by my friend David Tice, founder of the Prudent Bear Fund, and lead investor on the new movie Soul Surfer which is about Bethany Hamilton’s story of dealing with a shark attack and stars Anna Sophia Robb, Helen Hunt, Carrie Underwood, Dennis Quaid and Kevin Sorbo. I highly recommend watching Soul Surfer as it is the type of movie where you feel good afterwards.

TRAILER

HowToVanish INTERVIEW

Yes, I have bad camera work but Bethany’s message still shines through!

MUSIC VIDEO

Noah, Bethany’s brother, put together this music video. He was much cooler in person at the after-party!

JACK SPARROW

How could I leave out this interview with a pirate? Arrrr!!

BETHANY’S SIXTH SENSE

Soul Surfer opens Friday 8 April 2011 and I hope you enjoy the movie!

No related posts.

Reading time: 4 – 6 minutes

How far would you go to avoid being sexually assaulted or having to dance naked in front of strangers?  Boycotts have proven to be very effective at crippling immoral and corrupt government policies and practices.  It might be effective to Boycott TSA in addition to suing TSA agents in their individual capacity.

Many Americans are flying less and others are refusing to fly since the TSA has implemented “security measures” that would be laughable if they weren’t so sadistic.  But the US is very isolated from most of the world by some very large and very wet oceans.  There is no Chunnel from New York to London. There is a way to participate in a boycott of TSA and still travel by air internationally without having to undergo dehumanizing searches of your private parts.

Fly Out Of Mexico Or Canada

Air travelers flying within Mexico or Canada do not have to undergo the same invasive security procedures as air travelers in the US.  Mexico and Canada still have security measures, but they are much more polite, much more effective and don’t go as far to violate basic human dignity.  You can use this difference to your advantage.  Boycott TSA by driving to a foreign airport for international flights.  Just make sure that your flight is not routed through the US.

A Foreign Airport Might Be Closer Than You Think

About 40 million Americans live within 200 miles of a major airport in either Mexico or Canada.  That means it is only a short drive or train ride to avoid making pornographic images of your body or having your genitals touched.

Here is a list of the major airports in Mexico and Canada near the US border and the major US metropolitan areas that are within 200 miles of each airport.

Toronto Pearson International Airport, Ontario

Buffalo, NY

Rochester, NY

Syracuse, NY

Erie, PA

Cleveland, OH

Youngstown, OH

Detroit, MI

Vancouver International Airport, British Columbia

Seattle, WA

Tacoma, WA

Olympia, WA

Kelowna International Airport, British Columbia

Spokane, WA

Piedras Negras International Airport, Coahila

San Antonio, TX

Monterrey (Genereal Mariano Escobedo) International Airport, Nuevo Leon

Laredo, TX

Brownsville, TX

Tijuana (General Abelardo L. Rodriguez) International Airport, Baja California Norte

Los Angeles, CA

San Diego, CA

Orange County, CA

Riverside, CA

San Bernardino, CA

Avoid Connecting In The US

Many of these international airports are very large and will be hubs for international travel anyway.  From others, you can easily route through other major cities, like Mexico City, to reach your foreign destination.  If you are traveling to Central or South America, it might even be cheaper to depart from Tijuana than it would be to depart from LAX, John Wayne, Ontario, San Diego, Burbank or other US airports.

Conclusion

Dr. Martin Luther King helped overcome immoral legal barriers by boycotting the local transportation system.  The economic strain from the loss of revenue contributed significantly to overcoming those barriers. The same kind of boycott of the airlines today could have a similar effect.  The ever-struggling airlines have already lost billions because of immoral “security measures.”  Flying out of Mexico or Canada is how you can participate in the TSA boycott and still get where you need to go.  Get How To Vanish the book to find other legal ways to boycott invasive and immoral privacy invasions.

RELATED POSTS:

1. Do You Need To Profitably Sue A TSA Agent?
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3. Foreign Drivers License Protects Families

Reading time: 21 – 35 minutes

As an attorney, I help people legally vanish parts of their life from public view.   Of all the things you want to vanish from public view, the top on your list is probably your genitals. There’s a reason they call them privates. But the TSA wants to see and touch genitals whenever they are in the mood.  Here are some ideas to help protect the privacy of your junk.

The way security thugs behave during the enhanced pat-down techniques can be damaging physically, emotionally and psychologically to their victims. There are several legal strategies to combat this immorality, some of which are already being implemented, but it may be wise to simultaneously use as many strategies as possible to combat this institutionalized evil.

Principle #1 – The Government Is Not A Cohesive Unit, Exploit That Fact

Ever seen those movies where the FBI and the police get territorial about what they each think is their “turf?” Every government official, agency, or branch by its nature looks for the best way to exercise and increase their own power. Many are like petty dictators seeking as much control as they can wrestle away from any source.  The framers of the US Constitution knew this very well and exploited this aspect of human and government nature by creating three branches of government whose competing ambitions are supposed to check and balance each other. The legal strategies of pursuing civil and criminal actions against individual TSA agents exploit this reality.

The TSA is just one leaf of one branch of the government. Other agencies and branches of the government get to exercise their own power, and maybe even increase it, by exerting control over the TSA.  A prosecutor who can successfully prosecute a TSA agent for Sexual Assault gets to exercise power over that agent and may grow in power because the prosecutor (or her bosses) might get good PR for prosecuting perverts.

Principle #2 – The Ultimate Goal: Restore Liberty And Don’t Lose Money

The ultimate goal is to protect the fundamental freedom of movement of all people, and to do it profitably. One of the biggest obstacles to the freedom of movement is that travelers must make the choice between dancing naked for the delight of security or being groped.   An excellent way to achieve both goals is using legal means.  Using illegal means is unlikely to restore any liberties, and is unlikely to be profitable.

The law is a business and lawyers are expensive. The right tactics need to be carefully planned and executed under the right circumstances so expenses (hopefully) do not exceed revenue. Suing TSA agents in their individual capacity is, by itself, less monetarily profitable than other strategies. But if success is determined by eliminating threats to liberty combined with monetary profit, it can be very successful.

Principle #3 – Suing Individual TSA Officers Will Reduce Abuses Of Power: A Companion To Other Strategies

In chess, you don’t try and capture only the king.  You plot many smaller moves to capture any other pieces you can, including pawns.  Many are pursuing policy makers, entire agencies and large portions of government, the queens and rooks.

The focus of this strategy is to sue, or pursue criminal charges against, individual officers in their “individual capacity” for their wrongful actions. This is like taking the vulnerable, sacrificial pawns.  This will hopefully check the behavior of individual TSA officers nationwide while we wait for the outcome of the larger legal battles which are likely to continue for many years with uncertain outcomes.

Tactic 1 – Federal Criminal Prosecution

Prosecuting individual agents for illegal behavior may indicate to other TSA agents that they will be held responsible for their illegal actions such as touching genitals, harassment and intimidation among others. Holding them responsible for their actions will hopefully reduce moral hazard and lead to fewer violations of law.

Many prosecutors may choose not to prosecute a TSA agent for a variety of reasons, but there may be some that will. A successful prosecution, by a State Attorney General for example, will increase the rule of law in their jurisdiction, helping the prosecutor achieve their goal. Imagine if a TSA agent might be placed on the sex offender registry if they are overzealous in their job.  Even an unsuccessful prosecution, despite the news effects that may linger in Google for years, may have a similar deterrent effect of eliminating unlawful and evil behavior.

Criminal Prosecution For Sexual Assault (18 USC Sections 2242 and 2246)

A person is guilty of sexual assault if they:

1) Touch you in any of the following places: genitalia, anus, breast, inner thigh, or buttocks.

This touching can be direct skin to skin contact, it can be through clothes or gloves. Any part of the perpetrator’s body, such as the back of the hand, or even an object, such as a broom handle, may be used to touch a victim.

2) Have an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.

It is usually impossible to know the intent of a person so it usually has to be inferred from other facts. For example, if a TSA officer yells loudly that you have opted out of the full body scanner which draws attention of other passengers to you, this may indicate an intent to humiliate or harass. This same intent may still exist while security is fondling their victim.

Other indications of intent might be making remarks, using exaggerated movements to draw attention, uncomfortable eye contact, or any other actions or words that might be understood as intent to abuse, humiliate, harass, degrade, arouse or gratify.

Am I reading this wrong, or does the phrase “or arouse or gratify” seem unclear?  It may mean that the person must have the intent to arouse or gratify the sexual desire of any person.  The statute, however, might be read, and I think it is a more accurate reading, that there needs to be no intent to arouse or gratify sexual desire, the arousal or gratification just needs to occur.  So if any onlooker, if the TSA agent, or if the person being molested is sexually aroused in the slightest degree, this element would also be met.  It will be up to a prosecutor to convince a judge of this interpretation.

3) Touch a victim without the victim’s permission.

Permission given under duress does not constitute consent. Threats of criminal prosecution, fines or civil lawsuits for refusal might constitute duress. Fear or intimidation inspired by an authoritative demeanor, seeing badges, seeing guns or tasers, being confronted by several people, or having to speak to a supervisor may all be signs of duress.

If you feel that you have had an encounter with TSA or other officers that rises to the level of sexual assault as defined by law, you may want to report the crime to the local FBI office, the local US Attorney’s office, the State Attorney General or even the local District Attorney. Indicate what crime you think was committed and lay out as many of the facts surrounding the crime as possible.

Pursuing criminal claims costs the victim no money and usually only a little time in order to fill out reports, and act as a witness. There is probably no direct monetary revenue available to compensate victims. The victims may have peace of mind that their assaulter has been punished and that assaults on others are less likely to occur although if there is a prison sentence unfortunately this may increase the victim’s tax burden. Oh the irony of the American justice system.

Tactic 2 – State Criminal Prosecution

State prosecutors are much farther removed on the government family tree from the TSA than federal prosecutors. The power of the states is also supposed to check and balance the power of the federal government where possible. So, it is likely that state prosecutors will be more willing to protect state citizens from perceived abuses of federal agents such as Testicle Security Agents.

There are many more state laws which may be implicated to protect you from this kind of behavior. Criminal law is generally the domain of the states so they generally have more robust options for prosecuting perpetrators. Each state will vary greatly in what laws apply, if any, so you should discuss potential crimes committed with a local lawyer, prosecutor or police department.

To file charges against an officer for illegal behavior, you should contact the local police department where the incident occurred. Again, explain in detail as many relevant facts as you can and indicate your desire to press charges.

Tactic 3 – Federal Civil Lawsuit

Federal agents can be sued in federal civil court for wrongs they have committed. Suing TSA agents in their “individual capacity” instead of in their official capacity is much less common but has certain advantages.  To benefit from these advantages, avoid suing the TSA as an agency or any other governmental body.

Deep Pockets Aren’t The Only Profitable Targets Of Lawsuits

Most attorneys like to get the most money possible for their clients so they prefer to sue the larger agencies with “deeper pockets” that can afford to pay larger judgments. But deep pockets means a much larger and longer fight. If your objective is to end invasive searches and to do it without losing money, it might be in your best interest to fight shorter, less expensive legal battles. If an attorney is going to take a case, they should be considering all factors that best protect your legal rights.

Suing an agent in their individual capacity means the TSA will probably make the agent pay for their own legal defense out of their own shallower pocket.  This leads to a shorter, less expensive battle that might be economically feasible even if the award will be fairly low.   If agents across the country are faced with the risk of having to pay for their own legal defense, they may be more reasonable in their conduct of airport enhanced pat-down techniques, increasing your privacy and protecting your rights.

Short Decisive Legal Battles For Lower Amounts Can Be Profitable

The most economically efficient and shortest legal battle is if the TSA agent does not even have enough money to hire an attorney to defend the suit, they fail to answer the complaint, and a default judgment is entered. The case will have been won for little more than the cost of the filing fee ($350) and very little time invested.

You will likely get paid the amount of the award as long as it is relatively within the economic reach of the defendant. If they don’t pay voluntarily, wage garnishment is an effective tool against a federal employee.

Even if the TSA agent is able to answer the suit, litigation costs will probably be very low because the defendant probably can’t afford OJ’s dream team of defense attorneys. If that is the case, you may still be able to recover from the TSA agent at a profit.

Because the monetary benefits may be lower when suing TSA agents in their individual capacity, good experienced attorneys may need to be persuaded of the publicity and potential for other similar cases to take your case and give up taking other, more immediately lucrative cases.

Bail Out If Costs Get Out Of Control

It is possible that a “winning” case could cost more money to pursue than the judgment is worth. That might happen if the TSA agent is able to mount a good defense, or if the jury awards a very low amount of damages.

If that appears to be likely, a plaintiff may withdraw the lawsuit at any time without further penalty. The agent will still have had to pay a few thousand dollars out of their own pocket just to answer the complaint. If TSA agents are exposed to the risk of having to pay a few thousand dollars for every person that they mistreat, they might be less willing to engage in wrongful behavior, which still accomplishes one of your objectives.

Beware of counterclaims. If you file a lawsuit against a TSA agent, they may counterclaim against you for any number of things. Or, if you drop the lawsuit or lose the lawsuit, they may attempt to sue you for malicious prosecution or something like that. Never bring a frivolous claim and make sure that the facts are strong enough to bring a legitimate claim. An attorney will be able to help you determine this.

Direct Violation of Constitutional Rights

The actions of an overzealous agent may violate several provisions of the Constitution. The Fourth Amendment or the Fifth Amendment, among others. A case may be brought for direct violations of any Constitutional violation that may apply. Discuss with an attorney the facts of your case to see whether it is likely that a Constitutional violation took place.

Civil Rights Claim

The violation of Constitutional rights also means that you might also have a civil rights claim under 42 USC Section 1983.

Constitutional rights might be violated if an officer abuses their power or acts under color of law in a manner that shocks the conscience or offends human dignity. The due process rights protected by the 5th and 14th Amendments mean that government actors cannot invade your right to bodily integrity or privacy. Touching your genitals might shock the conscience, offend human dignity and violate a constitutionally protected right.

There are several cases which have explored what could constitute this kind of violation. There was a valid case in Haberthur v. City of Raymore, Missouri, where a police officer showed up to a woman’s work and fondled her breasts, and in Reeve v. Oliver where a police officer rubbed the back of a woman and stared at her chest. You might want to check out a few other case like Harris v. City of Pagedale, Lillard v. Shelby County Bd. of Educ.; Sepulveda v. Ramirez; Cockrell v. Pearl River Valley Water Supply District, among others, to get a better idea of what actions might give rise to a legitimate claim.

Qualified Immunity

What about qualified immunity? Aren’t most government actors, like TSA agents, exempt from taking full responsibility for their actions?

In many cases yes, government officials are only subject to removal from their position or some sort of sanction rather than being responsible for their actions. But qualified immunity does not apply when the actions are outside the scope of the reasonable duties of the officer. The reasonable duties of an officer never include sexual assault. See Employers Mutual Casualty Company v. Mallard, Shrader v. City Of Attalla.

Combine With State Cases

You can also sue for state law claims at the same time in the same lawsuit in federal court.  The state where the groping occurred will be the state law that applies.  State laws will differ, but some states will give plaintiffs more choices than others.

Tactic 4 – State Civil Lawsuit

A TSA agent may be sued in state court for civil wrongs under both state and federal law. State court usually has lower fees and litigation costs than federal court.

Every state has different state tort claims that may be brought. In order to protect your rights, bring as many as may apply. Here are some common ones to keep in mind.

• Negligence

• Negligent Infliction of Emotional Distress

• Intentional Infliction of Emotional Distress

• Assault

• Battery

• Intrusion Upon Seclusion

• And Many More…!

There Are Always Risks

A judge may not agree that a certain law applies and may not permit a case to continue. A jury may not be convinced that a TSA agent’s actions give rise to any criminal or civil liability. An attorney will be able to help you assess the strength and risks of your case.

Conclusion

Holding as many individual TSA agents responsible for their actions is just one of many possible strategies to restore human dignity and protect our fundamental rights. What other strategies do you think would be useful in that fight? Does this strategy even appear helpful? Please leave a comment and let me know what you think.  The book How To Vanish can help you protect the privacy of more than your junk.

About the Author:  Bill Rounds is a California attorney that focuses his practice on privacy and privacy related issues.

P.S.

I decided that it might be useful to provide a hypothetical situation with very strong facts supporting a violation of many of the rights and laws discussed above. Use it to compare to your own situation to see if you may have a similarly strong set of facts.

Bob and Mary Traveler

Bob and his wife Mary are about to fly from LAX to Denver. Bob’s wife is very attractive and they both notice that the TSA agents, both men and women, have been uncomfortably staring her down from the moment she got into the long security line. As Mary approaches the security screening area they both notice that several TSA agents are talking back and forth with each other right before one of the TSA agents calls Mary to the side for “additional random screening procedures.”

Mary Is Singled Out

Mary steps aside politely and realizes that she has been asked to enter the full body scanner. Mary is a dentist and is aware of the risks of even low doses of x-rays and so she asks the TSA officer if she may opt out of the full body scanner. The officer looks visibly perturbed, stares back at her for a moment, and then while facing the crowd of travelers and in a very loud voice yells twice “We have an opt out!”

Most of the people in the crowd turn to look at Mary and Mary turns slightly red from embarrassment. The TSA officer takes her to an area which is still in full view of dozens of travelers. The agent asks Mary if she would like to go to a private room, but she is flustered, embarrassed and intimidated by the badges and the many officers now surrounding her so she feels more comfortable to be in plain view of her husband and other people.

A female agent is brought over and she explains to Mary that she will be patted down and how the pat down procedure will work. Mary is a devout Christian and does not believe in allowing people other than her spouse to touch her in sensitive areas such as her genitals, groin, inner thighs, or breasts, regardless of gender. She asks politely that the agent not touch her “genitals, groin, inner thighs, or breasts” as part of the pat-down procedure.

The TSA officer is very visibly annoyed and tells Mary that because of her refusal to cooperate a supervisor must be present. Mary waits for several minutes while other passengers look on. The supervisor explains that Mary will have to undergo the search or she cannot fly. Mary asks what will happen if she does not consent to the search. The supervisor responds that she will potentially face a civil penalty of $10,000 and she may be criminally prosecuted for starting the screening procedure without completing it.

Mary Agrees Under Duress

Mary is now very frightened by the threat of such action as well as being confronted by so many officers with badges and guns. Mary states that “because you are TSA officers and to avoid the potential civil and criminal penalties, I will complete the procedure.”

The female agent who had been staring at Mary the entire time she was in the security line then finishes explaining the pat-down procedure in what Mary thinks is a mocking tone of voice. The agent begins patting Mary down in a very rough and exaggerated manner which draws the attention of many people in the crowd. Mary’s husband is looking on from a short distance and so are many other passengers.

Other male agents are looking on very intently from a very short distance away.

The TSA Agent Touches Private Areas Of Mary’s Body

The female agent puts her hands on Mary’s inner thigh and slowly but forcefully slides her hand up to Mary’s groin. When her hand touches Mary’s groin, the TSA agent continues to press upwards with the back of her hand against Mary’s groin, touching Mary’s genitals and anus through her clothing for several seconds. Mary is extremely uncomfortable and thinks that her genitals and anus are being touched much longer than would be necessary to see if there are any weapons there. The TSA agent repeats this exact procedure on Mary’s other leg, again ending with a lingering touch of Mary’s genitals and anus.

The TSA agent then begins to inspect the area around Mary’s breasts in a very exaggerated manner, feeling all around them and then touching every part of her breast very roughly.

As the female agent continues performing the pat-down, Mary notices several male TSA agents still watching intently, quietly talking to themselves, and many of them have strange smiles on their faces.

The female TSA agent then tells her “ok lawyer girl, you can go.”

Mary And Bob Gather Important Information After The Pat Down But Before Exiting The Security Area

Mary is absolutely humiliated and feels violated, but she asks the TSA agent for her name and badge number. She also asks a supervisor to confirm the name and badge number of the agent who conducted the pat-down. Mary asks the name and badge number of the supervisor as well as the names and badge numbers of all of the male agents that were nearby. Mary writes them all down.

Bob talked with several other passengers who saw and heard everything that was happening during the pat-down. Bob got their contact information since many of them indicated that they would testify in court to what they saw.  There may also be security camera footage available.

Strength Of Mary’s Case

Mary may have a good case to take to the federal or state prosecutor in LA. The TSA agent touched her breasts, buttocks, genitalia, anus and inner thigh with the back part of her hand through Mary’s clothing which are all necessary elements of the federal Sexual Assault statute.

The unnecessarily loud shouting, exaggerated gestures, intense gazes from the moment Mary got into the line, rough touching, doing everything in front of many passengers and gaining the attention of many other passengers, plus the actual and visible humiliation that Mary felt makes an intent to abuse, humiliate, harass, or degrade very likely.

The stares that she received from the TSA agents, the inaudible talking amongst themselves, onlooking male agents and rough touching from the agent who patted her down might indicate that any one of them was experiencing some level of sexual arousal or gratification from watching or participating in the pat down of an attractive woman.

Mary asked not to be touched in certain areas and agreed to complete the process only after being intimidated by the badges, guns and other threats of civil and criminal action. Thus she was under duress and did not freely consent.

The combination of these conditions is very likely to satisfy the elements of Sexual Assault as defined by federal law and the case might be very easy to prove since there are so many willing witnesses, security tapes and other strong evidence of all of the vital elements of the case.

The gathering and private chatter of the other TSA agents might even be sufficient evidence of a conspiracy, a separate cause of action, to violate Mary’s rights which will subject all it is raised against to prosecution and litigation.

Strength Of Her Civil Case

If the prosecutor is unwilling to press charges, Mary still has a very strong civil case against the TSA officers for violating her due process rights of privacy and bodily integrity. The sexual contact that occurred that likely meets the definition of criminal sexual assault is very similar to the line of cases where police officers were successfully sued for civil damages. Because the agent was in uniform, supported by threats of civil and criminal action, the pat down is likely to be under color of law. It will be up to Mary to convince a jury that the actions shock the conscience or offends human dignity, a feat that will not be hard with a jury full of air travelers.

There may even be numerous other state law claims in tort as well. Maybe the agent negligently touched Mary’s genitals, maybe they intentionally tried to make Mary feel bad or humiliated. It is hard to count just how many potential laws have been broken or rights infringed in this one single hypothetical encounter. I hope nobody ever has to experience this kind of indignity, ever.

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1. How To Boycott TSA
2. How WHTI Affects You
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Everyone does it.  You are traveling somewhere, or you just moved into a new area, or you are waiting at the coffee shop for your car to be fixed and you come across an unencrypted wireless network. Lots of businesses set up hotspots and maintain them for the very purpose of inviting people to use the internet while they are in the area.  Secure WiFi connections are not the biggest concern in their life.  Some people just forget to password protect their wireless router.  You need to satisfy an incredible urge to check to  see if you sold that last textbook so you go ahead and log onto it…just for a minute.

In most cases it may have been a little bit exciting to flirt with an unknown signal, your heart may have pounded just a little bit faster for a moment.  But your unsafe and unsecure wifi connection was otherwise very mundane and you didn’t do anything very adventuresome while furtively exchanging information.  It was quick, satisfying, and this time there were no lasting negative effects.

Risk of Not Using  a Secure Wifi Connection

You may already be aware of the need to safely surf the from a public wireless network.  There are significant risks involved if you don’t. Whoever has access to that network can gain access to your computer and any of the information that you send over the network. Another person with access to that network might be able to route your traffic through their computer and then through the network, called a man in the middle attack.  It is unsophisticated and easy to do, therefore it is very likely to happen.  Things like logging into email, online banking and anything else that might require you to use a password are the most risky things to try on an unencrypted wifi connection. The risk of being snooped at a public WiFi spot is much higher than an average person who would want to use anonymous browsing.  The Google maps vehicles have also been known to gather information about users of wifi hotspots as they pass through them, although I’m sure they already had most of that information anyways.

On some occasions, this kind of network infidelity can lead to a minor irritation of captured personal information which fills the transactional databases of the hotspot host in this surveillance society, and in some cases can lead to a serious loss of data security, virus, or identity theft.

How to Setup A Secure Wireless Connection

So what can you do to protect yourself when casually connecting to inviting wifi hotspots? Set up a secure wifi connection to you own home router or your own secure server through an SSH tunnel. This shield will protect you while using any public wifi connection and keep your surfing safe and secure.

To set up this capability, you might want to have a computer friendly amigo do it for you. You can also look around for a good step by step tutorial or even a book or two on how to do that.

Conclusion

Don’t give up a faithful relationship with your secure internet connection to satisfy a nagging urge while you are not at home. Practice safe surfing habits by using an SSH tunnel to connect to the internet when you are using a wifi hotspot, hotel network or other internet service connection open to the public.  This will help you with protecting your IP address, your anonymous web surfing or to transfer big files securely from public places.  You can create a comprehensive privacy strategy using the book How To Vanish.

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Reading time: 4 – 6 minutes

State of Colorado jobs are drying up as the heat of legislative pressure beats down on them, causing Colorado based streams of income to evaporate before they ever reach the sea. Meanwhile, the mighty river of income known as Amazon.com meanders on, passing nowhere near state of Colorado jobs.  Navigating Colorado law and the profitability of an Amazon.com affiliate account requires learning how to use the tools and master the  techniques of a mariner to find the safest harbor to earn your income.

Laws Effecting State Of Colorado Jobs

Colorado recently passed a law which upset the big boys over at Amazon.com and prompted Amazon to stop using Colorado based affiliates. The law created strong incentives for internet based companies to keep track of sales tax on products sold by Colorado based affiliates. Some observers have noted that the law required retailers such as Amazon to report who bought what products to the government. The requirement to report a list of books purchased should be a red flag to anyone, privacy minded or not. Such a requirement would make anyone who buys the Prosecution of George W. Bush for Murder, The Flying Saucers Are Real, How To Vanish, and The Joy of Vegan Baking, a potential target for political persecution anywhere that a neo-con taxman is on the prowl. Rather than deal with the implications of the new law, Amazon made a business decision to stop using affiliates based in Colorado. That means that about 4,200 people who were earning income from their Amazon affiliate program were suddenly cut off from that income because of their physical location.

Vanish From Unfavorable Jurisdictions

Large corporations and governments both have a lot of economic power. Sometimes their powers conflict, causing pain to those who don’t comply with the requirements of one or both of them.   Geographic requirements are no longer as imposing as they once were.  People can easily become a resident of another state, or even become a resident of another country very easily. Virtual commuting, electronic filing, and the ability to work completely in the cloud have changed the ability of individuals to travel wherever they want to earn their income. Now you can operate your business from the location of your choice, taking advantage of the tax benefits and other benefits this provides to your personal, business and family privacy. Not having to be in any particular physical location makes it hard to exert unjust power over you. One of the great advantages might even be avoiding having your business shut down because of political constraints on geography.

Choose The Right State To Incorporate

Corporations have been taking advantage of the ability to select their geographic location for years. Most people are aware that Delaware or Nevada are common places to be incorporated. The reason being that the laws of those states, both tax and otherwise, are very favorable to a business and can reduce costs of doing business dramatically, even if the individual owner has little connection with those states. You can take advantage of relative geographical freedom by choosing the state of the LLC to suit your needs.

Establish Location Independence

Individuals can do the same thing. If you move around a lot you can establish a home base by getting a ghost address in a particular state, opening a bank account there, and doing other things that demonstrate residency. Just because your office is located in Las Vegas Nevada doesn’t mean you have to live there. You might be able to work out of Lake Tahoe Nevada, have your phones forwarded from Las Vegas to Tahoe, have your mail picked up on a regular basis forwarded from your Las Vegas address to your Tahoe address. Lake Tahoe is much better for your health anyways. When you are done visiting Lake Tahoe, and you decide to spend some time fishing in Montana, keep the same Las Vegas address and have everything forwarded to where you are now staying in Montana. Any requirements to do work in Las Vegas can be met by visiting that office as often as the law requires.

This same principle can be exploited by the Colorado based affiliates of Amazon. They can operate out of Kansas as easily as they can operate out of Denver. There is very little which keeps them tied to Colorado and many incentives to leave Colorado.

Conclusion

Don’t be locked down into the potentially harmful requirements of geographic location whenever possible. Set up your business in the right state, establish residency in the right state and avoid having your business shut down due to government or corporate geographic requirements.

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Much like the war on terror or the war on drugs, the US government is engaged in a War on Bank Privacy. Much like other wars of ideology, they cannot win in the long run unless they fight with better ideas, regardless of the conventional battles they fight and “win.”  They can, however, make it very uncomfortable in the short term.

Recent Developments In The War On Bank Privacy

The War on Bank Privacy has been extended recently with the aggressive pursuit by the IRS of holders of undeclared overseas accounts.  This pursuit has prompted the IRS to make plans to open offices in Beijing, Sydney and Panama City.  That is not exactly “internal” now is it.  Attorney William Sharp has also commented recently that “the IRS is going global…the days of bank secrecy are over.”  Although the IRS has long required disclosure of your foreign bank accounts by filing an FBAR, the power of the IRS to discover “tax evaders” has grown and will continue to grow.

The amnesty period for reporting previously undeclared accounts to the IRS, which recently expired, is reported to only have only prompted 2% of total undeclared overseas account holders to voluntarily disclose their assets to the IRS.  This means that those who chose not to “voluntarily disclose” their accounts will be subject to severe monetary fines and possible criminal prosecution.

These strict penalties will also apply to those who open foreign bank accounts and fail to meet the reporting requirements in the future.  The purpose of vanishing is not to evade taxes.  All laws and regulations should be complied with at all times regarding disclosure of foreign assets and income.  You cannot completely vanish from the government without breaking the law or renouncing your citizenship.

Reaction To Bank Privacy Laws

The laws of some other countries have in the past allowed Americans to exercise their right of privacy, even though the US government does not allow people subject to US law to recognize the right to privacy in banking.  This conflict, and the aggressive nature of the IRS in pursuing “tax evaders” in recent months, has prompted some Swiss banks to cease doing business with American citizens.  It is likely that other countries will do the same and succumb to the same pressure from the US.  The questions then become, which idea is better, bank privacy or required disclosure, and how long will it take for the better idea to win out.

Conclusion

The fundamental right of freedom of contract and the right to privacy are in direct opposition to the policies of the War on Bank Privacy.  Although some countries around the world recognize these rights, the might of the US has forced them, and will continue to force others, to refuse to defend that right.  Although the better idea will eventually prevail, it may take time and effort and the help of privacy attorneys to overcome the obstacles that stand in the way.  Understand the threats of US law and the remaining bank privacy havens around the world in this bank privacy report.  Part of the war on bank privacy is the ever increasing efforts to collect taxes from people who are not domiciled in one of the tax free states.

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One of the most extreme acts that can be taken by an individual in attempt to secure more privacy is to renounce their citizenship of the United States and become one of a growing number of expatriates. Although the reasons for expatriation differ, hundreds choose to take this drastic step every year.

I will provide you with a brief outline of what the law requires to recognize you as an expatriate. Failure to meet the three part test may mean that you will still be subject to US law as a US citizen, even if you do not intend to be.  There may be significant saving in taxes if you can find the tax free states to expatriate to.

US law recognizes the right of any person to relinquish their citizenship.  There is a general principle held  almost universally by all nations and that is that “statelessness” is undesirable. Therefore, before you can expatriate, you will need to obtain citizenship of another country. In addition, there are three steps that a person must take in order to renounce US citizenship. A person must 1) take a statutorily enumerated act of expatriation, 2) Do so “voluntarily,” and 3) Act with the specific intent of relinquishing their nationality.

Act of Expatriation

Some of the acts of expatriation include obtaining naturalization in or taking an oath of allegiance to a foreign state, formally renouncing your citizenship before a diplomatic or consular officer in a foreign state, or fighting in the army of a nation engaged in hostilities against the US.

I hope that I don’t have to point out that I do not recommend fighting in the army of a hostile nation. That has the lowest life expectancy of any of the options. Simply obtaining naturalization or taking an oath of allegiance is also a weak option because that in and of itself is done often throughout the world without relinquishing citizenshi

There are many who maintain what is commonly known as dual citizenship therefore they are not considered expatriates. Therefore the best option is to formally declare that you renounce your citizenship before a diplomatic or consular officer.

Voluntariness

Whether you acted voluntarily to renounce your citizenship, or to fight in a hostile army, is presumed. You can of course present evidence that you did not act voluntarily, ie: that you were forced to fight for the Taliban or else be forced to eat nothing but McDonald’s for 30 days straight. Since the presumption is in favor of the expatriate, there should be no problem for those wishing to renounce.

Specific Intent To Relinquish US Nationality

A formal declaration of renunciation tends to lead to the inference of an intent to relinquish. Therefore the formal declaration kills two birds with one stone. This is not all that is required, however. Other evidence can be used to establish, by inference, that there was no intention to relinquish, even though an otherwise valid formal declaration was given.

Things like returning to the United States soon after your declaration could lead to an inference that you did not have the specific intent to renounce. The person who wishes to expatriate has the burden to prove the act of expatriation and that they had the specific intent to relinquish US nationality.

Conclusion

Expatriation is an extreme measure that may not even produce the desired results. You may also still be subject to unwanted tax consequences many years after expatriation. You will also not have the right to enter the US. It may, however, be just what you are looking for if all of the other privacy protection methods in How To Vanish the book do not satisfy you.  You should consult with an attorney to discuss the option of expatriating to make sure that you do it correctly.

What Privacy Issues Concern You?

I write articles based mostly on what I am thinking about and what I think other people would be interested in learning.  I have also been spending some time putting these ideas down in a very detailed and organized way in a book so that I can present it as good resource for everyone.

I have also been asked to write about some topics that answer some of the questions of readers for other websites. When those are published I will let you know, but I want to make sure that I am addressing all of the issues that you, the readers, are concerned about.   Leave comments and emails about what privacy concerns you have and I will do my best to respond to your concerns.

LEGAL DISCLAIMER: This is not intended to be legal advice, only a general overview of what is required by US law to expatriate. Individuals should consult with an attorney to determine applicable law in their unique situation.

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Reading time: 4 – 6 minutes

FORGED TRAVEL DOCUMENTS

Most people first heard about fraudulent identity documents in high school when some of their friends would try to buy cigarettes or beer while being underage with forged identities.  The black market for forged identification documents has been around as long as authentic documents.

Forged identity documents have existed since the inception of the insidious practice of impeding the unalienable right to freedom of movement.  With powerful personal computers, printing capabilities, etc. the cat and mouse game of document-fraud has escalated tremendously.

A stated goal of the Western Hemisphere Travel Initiative (WHTI) is to decrease the efficacy of forged travel documents.  Immigration officials will have to scrutinize a smaller number of travel documents which will be more difficult to alter, counterfeit or obtain through fraud.

There are some physical features such as holograms, ultraviolet patterns, etc. with the more advanced travel documents.  But the significant security features in passports and visas come from the linked databases.  For a completely counterfeit United States passport the efficacy has been nearly completely eliminated for entrance into the United States although it may still be useful for travel abroad.

Consequently, the ability to Photoshop passports and have them work has been greatly curtailed.  Luxury forgers such as intelligence agencies like the Central Intelligence Agency can still accomplish this but obtaining those documents will likely be extremely expensive.

FEDERAL FRAUDULENT IDENTIFICATION CASES

To obtain a United States passport a new applicant will generally submit a birth certificate to prove evidence of United States citizenship and a valid drivers license.  Relative to a United States passport both of these documents are relatively easy to forge.

For example, luxury alien smugglers with relationships to corrupt officials may charge around $30,000 for a package containing a genuine United States passport, birth certificate, social security card and driver’s license or a mere $10,000-15,000 for a genuine United States visa tied to the new database.

The ability to obtain a fraudulent license from a department of motor vehicles (DMV) in a more lenient state presents a significant security hole.  Compounding the problem is that an entire illegal industry has arisen to service illegal immigrants in obtaining counterfeit identity documents.  Birth certificates can also be illegally obtained fairly easily.

The Diplomatic Security Service (DSS) special agents find a large majority of their fraudulent passport cases involve an application with a fraudulently obtained yet valid driver’s license and birth certificate.  When these individuals are arrested they often have identification documents for multiple identities from multiple States.

In September 2008 Jose del Castillo, an immigration attorney, who had been indicted on 23 counts of falsely filing immigration forms pled guilty to one count of federal document fraud.  He was sentenced to one year in federal prison, fined $15,000 and two years of supervised release.

UNITED STATES VISA WAIVER PROGRAM

Citizens of 35 countries can enter and remain in the United States for up to 90 days without a visa.  The countries include European Union member states, Australia, Japan and others.  Because these passports are usually easier to either photoshop or obtain a genuine passport from a corrupt government official therefore these passports are at risk of being stolen and carry a premium on the black market.

VALUE OF LEGITIMATE IDENTIFICATION DOCUMENTS

Many individuals, particularly Americans, are unaware that their passport is worth thousands of dollars on the black market.  This can make a group of tourists an especially lucrative target for Third World thieves.

Yet some United States citizens are aware and sell their passports.  We do not recommend selling your passport and the reasons should be self evident.

CONCLUSION

Forged identities and fraudulent travel documents have been around for a long time.  While there are increased efforts by governments to increase the security of their borders and travel documents there will always be security holes.  The WHTI will assist in closing some of them regarding the use of fraudulent driver’s licenses and birth certificates for international travel.

But peddlers of fraudulent identification documents will evolve their efforts to adapt to WHTI and exploit other weaknesses in the framework.  Individuals can and should be aware of the threat criminals pose to them and their personal privacy by getting the book How To Vanish.  Keep your documents safe, never sell them and be aware of how WHTI affects you.

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FUNDAMENTAL RIGHT TO FREEDOM OF MOVEMENT

The right to travel is a long-standing tradition in Anglo-Saxon law.  At Runnymeade on 15 June 1215 King John agreed to the “Articles of the Barons” and a formal document to record the agreement was created by the royal chancery on 15 July: this was the original Magna Carta.

The Magna Carta is the foundation for many modern day constitutions and enumerates many of the protections found therein including the Great Writ of Habeas Corpus. The right to travel was so important it was distincly set apart in clause 42:

It shall be lawful to any person, for the future, to go out of our kingdom, and to return, safely and securely, by land or by water, saving his allegiance to us, unless it be in time of war, for some short space, for the common good of the kingdom: excepting prisoners and outlaws, according to the laws of the land, and of the people of the nation at war against us, and Merchants who shall be treated as it is said above.

The United States Supreme Court has long held that freedom of movement within the States is a fundamental right while travel outside the country does not contain the same protections.

WESTERN HEMISPHERE TRAVEL INITIATIVE

The Western Hemisphere Travel Initiative (WHTI) is a particularly annoying program.  Remember being able to travel via air into the United States and not need a passport?

In January 2007 the air portion of the initiative went into effect requiring all international travelers to use passports to enter the United States.  The land and sea portion went into effect 1 June 2009.

Prior to WHTI American travelers to Mexico, Canada and several Caribbean countries could return to the United States with only a driver’s license and birth certificate.  The land and sea requirements of WHTI will differ from the air.  Valid documents will include passports, United States passport cards, an enhanced driver’s license or ‘trusted’ traveler identification cards such as Sentri or Nexus.

UNITED STATES PASSPORT CARDS

Production of United States passport cards began on 14 July 2008, over 1,000,000 have been issued, applications are usually processed in 4-6 weeks, cost between $20-$45 and the passport cards are valid for 10 years.

If you are a United States citizen with the requisite legal documents then we recommend you apply for and obtain a United States passport card.  We also recommend you use this as your primary identity document for activities such as opening a bank account, purchasing prescription drugs when you have a valid prescription, etc.

Merchants sometimes ask for ID when using a credit card although this usually is in breach of the merchant rules with either Visa or Mastercard.  Generally, you are not required to provide it and they must still complete the purchase.

A few reasons to use the passport card as your primary identity document is because it (1) does not contain much personal information, (2) does not contain an address and (3) is quickly and easily recognized.

PASSPORT CARD APPLICATION

The United States Department of State has hired many new examiners because of the flood of passport card applications.  These examiners are evaluated based on the amount of applications they process instead of the fraudulent applications they identify.  Consequently, examiners issue many genuine passports that probably should not have been issued.  It is important to be aware of fraudulent identity documents and how to protect yourself from the criminals that deal in that sphere.

CONCLUSION

The WHTI will impose additional restrictions on the fundamental right to travel and decrease your ability to travel anonymously.  The new United States passport card may be more convenient and can help protect your privacy.   You can learn how to better implement a complete strategy for protecting your privacy by getting the book How To Vanish.

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