Subject:
Selective privacy concerns
Date:
Wed, 24 May 2000 18:02:48 -0400
From: JBJ
[Privacy remains in the public discourse - but only when convenient: During a hearing today on "predatory lending," in the House banking cmte, 22 witnesses spoke; not one witness or Representative in the lightly attended hearing addressed the privacy-busting implications of the new reporting proposals! Rep. Ron Paul testifies on his SSN bill. Reg B decision by Fed expected soon. FTC seeks to expand regulatory reach - JBJ]
+++++++++++++++++++++++++++++++++
FREEDOM
Watch
A look
at what's new on "Project FREEDOM."
( http://www.house.gov/paul/
)
+++++++++++++++++++++++++++++++++
Issued:
Friday, May 19, 2000
+++++++++++++++++++++++++++++++++
A few weeks
back I wrote about my efforts to advance privacy legislation. This issue
has taken front and center stage over the past couple of weeks, so I wanted
to take this opportunity to update you on the activities undertaken these
past weeks. Last week the Ways and Means Committee held hearings
regarding use of the Social Security number. The fact that the Social Security
number has become a unique identifier has strongly contributed to the efforts
of those who invade the privacy rights of citizens. From government snoops
at the IRS to identity-thieves, those who would invade privacy have found
the Social Security number to be a key weapon to allow them to commit their
criminal actions.
This week
the government reform and oversight committee met to consider potential
solutions to privacy problems. Featured in this legislative hearing was
my bill, HR 220. As I had done the week before, I was called to testify
before the government reform committee. In so doing, I again stressed the
importance of ending the use of the Social Security number as a unique
identifier......
... SNIP .... Read the rest of this column at http://www.house.gov/paul/tst/tst2000/tst052200.htm
+++++++++++++++++++++++
FREEDOM Watch is a service of Rep. Ron Paul's office. By signing up, recipients are requesting to be notified when new items are posted to US Rep. Ron Paul's congressional web site, Project FREEDOM, http://www.house.gov/paul/. FREEDOM Watch does not send the full text of site postings.
------------------------------
Richard Rahn's most recent paper on paper on money laundering legislation and financial privacy can [also] be found on the Competitive Enterprise Institute's website: http://www.cei.org/OnPointReader.asp?ID=980
------------------------------
BNA reported last month that the Fed plans on publishing a final rule in June on Regulation B, which implements the Equal Credit Opportunity Act (public comment closed in November of last year). The change to the rule, among other things, would remove the current prohibition on lenders regarding the collection of data on such personal characteristics as race, gender, and religion for all non-mortgage loan products. To be clear, if the Board votes to approve the revised Regulation B, lenders will be able to collect data on non-mortgage credit applicants' personal characteristics such as race, gender, and religion (lenders must, by law, collect data on the race and gender of mortgage applicants).
The proposal still has to be voted on by the board. The Board currently has two vacancies. This means that five unelected government officials hold the power to diametrically alter a color blind public policy that has been in place for nearly 25 years. There is reason to believe that when it comes up for a vote, it will pass.
The board meeting where the vote will be taken will be open to the public. Notification of the date of the meeting will be made seven days in advance. Check out the board's website at http://www.bog.frb.fed.us. Type "open board meeting" in their search engine to see if the board has announced the date of the meeting.
--------------------------
From Declan's list - FTC press release: http://www.ftc.gov/opa/2000/05/privacy2k.htm
[This is an important story, but it's anticlimatic. When was the last time you heard a regulator say: "No, we don't need more regulatory power. Any more would create the potential for abuse. In fact, our budgets are too big as they are. And our staff is far too large. Please take some of it away." - Declan]Excerpt: The Report recommends that Congress enact legislation to ensure a minimum level of privacy protection for online consumers, establishing "basic standards of practice for the collection of information online." This legislation would require consumer-oriented commercial Web sites "that collect personal identifying information from or about consumers online" to "comply with the four widely-accepted fair information practices: "Notice, Choice, Access and Security."
News coverage: http://www.abcnews.go.com/sections/business/DailyNews/internetprivacy_000523.html
http://news.cnet.com/news/0-1005-200-1926088.html?tag=st.ne.1430735..ni
http://www.zdnet.com/zdnn/stories/news/0,4586,2574082,00.html
http://www.wired.com/news/print/0,1294,36516,00.html
http://www.theregister.co.uk/000521-000001.html
http://www.msnbc.com/news/410253.asp?cp1=1
**********
STATEMENT OF FTC COMMISSIONER ORSON
SWINDLE
Online Privacy
May 22, 2000
While not commenting directly on the FTC's Online Privacy report that will be publicly released tomorrow, let me simply state positions that I have been expressing over the past two years.
Industry self-regulation is working. Effective privacy protection is more than a numbers game and the private sector is continuing to address consumer concerns about privacy, because it is in industry's interest to do so. Let us not make the search for the perfect the enemy of the good. The best way to build consumer trust and to ensure the continued growth of the Internet is through a combination of education, strong industry self-regulation, and strong FTC enforcement under existing legal authority. It would be premature and counterproductive for the Commission to radically change course and call for broad legislation.
Legislation could limit consumer choices and provide a disincentive for the development of further technological solutions. Government regulation may actually give consumers fewer choices, and as technology changes, less privacy. Legislation should be reserved for problems that the market cannot fix on its own and should not be adopted without consideration of the problems legislation may create by, for example, imposing costs or other unintended consequences that could severely stifle the thriving New Economy.
Let no one doubt how strong my views are about why the market works here or the level of scrutiny that I would apply to any proposed legislation. A detailed economic analysis of the costs of legislating privacy should be in hand before the Nation goes down the perilous path of government regulation.
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Coalition for Constitutional Liberties (abridged) Weekly Update
for 5/18/00 Volume 3, Number 20
Brought to you by the Center for Technology Policy of the Free Congress
Foundation Lisa S. Dean, Vice
President for Technology Policy, Julie
McIntire, Coalition Coordinator Endangered Liberties Program
Excerpts:
WIRETAPS AND GOVERNMENT SURVEILLANCE
"If you look at this digital technology, it's a boon for law enforcement. There is so much more information out there ... for them to acquire," said Jim Dempsey, Senior Counsel for the Center for Democracy and Technology and a guest on Endangered Liberties. Host Paul Weyrich said, "We had the incident involving the 'Love Bug,' which, I might say, shut down the Free Congress Foundation for a day. ... I noticed ... the FBI was able to track down that particular system to the Philippines and ... to the particular people who actually caused it and they were able to do it in a matter of days with the existing authority. And this was in a foreign country which has no particular laws governing this matter."
Dempsey responded, "And that simply proves how as you use the Internet
you are leaving your digital fingerprints. And it shows how law enforcement
is right there at the cutting edge using this technology. They can
trace; they can identify people. ... Again and again they have managed
to solve these crimes without any new authority." Regarding the increased
use of government-ordered wiretaps, host Lisa Dean asked, "Do they report
on the success rate of the ... wiretaps?" In response Dempsey
said, "This again is very interesting. While the number of wiretaps is
going up, while the number people intercepted per wiretap is going up -
the number of conversations intercepted per wiretap has been steadily going
up - and yet the number of incriminating conversations per wiretap and
the number of convictions per wiretap has either been holding steady or
been going downward, which indicates they are surveilling more and more
for less and less payback." Dempsey continued, "Obviously, crime is occurring
online. All of us in our daily lives are legitimately using this
new technology. It should no surprise to anybody that criminals are
using it too. What is criminal offline is criminal online, and the
government should investigate it. The point I'm trying to get across
is ... how much authority the government already has. And it's ridiculous
for them to be asking for yet more authority and for expansions in these
laws when already there's so much information available to the government."
Weyrich chimed in, "And they're not getting any additional results."
Dempsey observed, "We see that crime is down. ... The government,
I believe, is keeping pace. It is doing well with their current authority
in investigating the online crimes." Paul opined, "It seems to me
a little ludicrous that we can have these annual celebratory press conferences
by the Justice Department saying, 'Major crimes are down ... and, oh, by
the way we need more authority because we're not able to keep up.'"
Dean queried, "The Administration says crime is down and yet we still need
more and more authority. Well, do they ever cite that because of
the increased authority, that's why crime is down?" Dempsey answered,
"No, and they never say, 'Well, now that crime is down we'll yield some
of our authority or some of our budget.' In fact, what you see is
the Justice Department and the FBI are very adept around budget time at
coming up with a ... new crime problem. ... Now it's this whole
area of cybercrime, cyberterrorism, which they then say, 'Well, this is
the new serious area. We need new authority. We need new resources.
We need to create a new investigative center.' ... They never give
up that budget authority. They keep all of that and yet seek the
new powers, the new budgets, the new staffing for this new heightened,
sensationalized crime area."
Contact: Producer Joseph Starrs 202.546.3000
JOIN
THE COALITION FOR CONSTITUTIONAL LIBERTIES
Brought to you by Notable News Now
Contact: Robert McFarland e-mail: rmcfarland@freecongress.org
The Coalition for Constitutional Liberties is looking for organizations throughout the country to network together for the preservation of our liberties against the attacks by government agencies and institutions. The coalition has been designed to help keep grassroots organizations aware of legislation and regulatory action concerning privacy and technology issues, and to provide materials on those topics for distribution to member organizations that can then be forwarded to their constituents and members. This e-mail Weekly Update is the main tool for communication, as well as our Legislative Reports, Issue Briefs, and our topical series, The Privacy Papers.
If your organization would like to become a member of the Coalition,
the membership form can be found at: http://freecongress.org/centers/technology/ccl
If you want to fax the membership form to us, please fax it to (202) 544-2819.
If you would like to speak with someone to find out more about the Coalition
and its activities please contact Julie McIntire our Coalition Coordinator
at jmcintire@freecongress.org or she can be reached by phone at (202) 546-3000
ext. 332. We thank you for your interest in our organization and
look forward to hearing from you.
================================================
THE SOVEREIGN A-LETTER (abridged)
A Web Publication of the Sovereign Society, Ltd.
Your Link
to Freedom, Privacy & Prosperity in the Offshore World
Vol. 2 No. 20 - May 17, 2000
================================================
Liechtenstein
Stunned by Money Laundering Arrests
............................................................................
...
VADUZ
(AP) - The principality of Liechtenstein was the scene of mass
arrests
Sunday, May 14, of several leading citizens in a money laundering
sweep.
The arrests began Thursday night in an unprecedented police
action
in this country of 32,000 people. More than 50 police officers,
including
23 borrowed from the economics police of neighboring Austria,
took part
in raids on 7 office buildings, including headquarters of financial
advisers
and lawyers and on several private homes. A large number of
documents
were seized in the raid and more arrests are possible.
Charges
are said to include suspicion of commercial investment fraud,
money
laundering and links to organized crime with connections to the
Russian
mafia and Latin American drug cartels. Among those arrested
were are
a brother of the country's chief justice and the brother of the
deputy
head of government and economics minister. On Saturday the
25-seat
parliament waived the immunity of one of its members, Gabriel
Marxer,
so that he could be arrested. He is brother of Benedikt Marxer,
president
of the National Court, the highest judge in the country.
===================================
French
Push EU Sanctions Against Offshore Havens
............................................................................
...
The European
Union could impose economic sanctions against
tax havens,
including the CHANNEL ISLANDS and the ISLE of
MAN, once
France assumes the EU presidency in July, a senior
French
MP warned. A crackdown on offshore financial centers will
be a center-piece
of France's 6-month EU presidency, he said. The
warning
went much further than last week when Prime Minister
LIONEL
JOSPIN told the French parliament his government would
press
fellow EU states to co-ordinate the fight against money
laundering
and also push for an EU-wide investment withholding tax.
News LINKS:
http://www.guardianunlimited.co.uk/Archive/Article/0,4273,4017303,00.html
http://www.tax-news.com/html/stories/st_france_12_05_00.html
Meanwhile
it has been charged that hundreds of millions of pounds
stolen
by the late Nigerian dictator General Sani Abacha and his
entourage
is stashed in bank accounts in London and JERSEY.
Lawyers
working for the Nigerian government made the claim.
News LINK:
http://www.guardianunlimited.co.uk/Archive/Article/0,4273,4016411,00.html
===================================
THE OFFSHORE MONEY MANUAL 2000:
All about
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* how
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references * how you can qualify for a unique, little known, big
tax break
in Austria * a major Swiss bank to avoid if you seek strong
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or CONTACT our
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Fax: +
(353) 51 304561. In the U.S. Call (Toll Free) 888 358-8125
==============================================
The World
Federal Bureau of Investigation?
..................................................................
The Federal
Bureau of Investigation began working side by side with
Hungarian
police in Budapest this past week. Their main mission:
to go
after Russian mafia gangs who are using this eastern European
capital
as a gateway to the West. American G-men are now fanning
out across
the globe. Bureau agents are working on assignments in
44 countries,
mainly as legal attaches in US embassies. Whatever
happened
to the CIA? News LINK:
http://www.csmonitor.com/durable/2000/05/12/p1s3.htm
=================
Age of the Eavesdroppers
.......................................
If the
growing legion of folks suspicious of the international spy
brigade
have it right, every Web page you read is by now
registered
and cross referenced in a computer connected to
the Echelon
international snooping system. As is this e-mail
newsletter
you are now reading. (We hope so!) For a full
compilation
of views and news all about wiretapping, see
LINK:
http://www.free-market.net/spotlight/wiretapping/
=====================
nCipher
= Very Fast Encryption
................................................
Many companies
and persons are reluctant to use encryption
technology
and software because it slows down their computer
systems.
An increasing demand for faster encrypt products is
being
met by nCipher Corp. of Cambridge, England. nCypher
makes
a circuit board that can be inserted into a computer and
an external
box that attaches to a computer. Each board or box
can process
up to 300 encrypted transactions per second,
compared
with 100 transactions per second for the fastest
computers.
Like to more? Check them out at LINK:
http://www.ncipher.com/home_low.html
================================
CyberCrime
Excuse Destroying Internet Privacy
........................................................................
Officials
from the G-8 nations meet in Paris this week for a summit on
so-called
"cybercrime." The BBC reports the summit is designed to fix
"legal
loopholes" and discuss additional criminal laws. News LINKS:
http://www.un.int/france/declarations/PP/pponu/000211E.html
http://news.bbc.co.uk/low/english/world/europe/newsid_748000/748597.stm
http://www.nytimes.com/reuters/international/international-crime-c.html
At the
last such meeting in 1999, delegates reportedly demanded that
Internet
providers keep copies of users' e-mail for three months:
News LINK:
http://www.politechbot.com/p-00696.html
Last week
we reported on the global "cybercrime" treaty being pushed
by the
Council of Europe that would expand police powers and restrict
Net privacy.
Link: http://www.wired.com/news/print/0,1294,36047,00.html
Interesting
reading: G-8 justice and interior ministers video conference,
Dec. 1998.
Ministers made brief remarks about "confiscation of property"
before
reporters were kicked out of the room. LINK:
http://www.usdoj.gov/ag/speeches/1998/g8videoconference.htm
================================================
THE SOVEREIGN A-LETTER
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Bauman, Editor
Send E-mail to: sovereignsociety@compuserve.com
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to this mailing with "Remove" in the message subject line.
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================================================
THE SOVEREIGN SOCIETY, Ltd.
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TEL: 353-51 844 068 - FAX: 353-51 304 561.
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==============================================================
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==============================================================
Volume 7.09
May 15, 2000
--------------------------------------------------------------
Published by the
Electronic Privacy Information Center (EPIC)
Washington, D.C.
http://www.epic.org
=======================================================================
[3] Court
to Hear Challenge
to Proposed FBI Wiretap Standards
=======================================================================
This week,
EPIC and other Internet privacy advocacy groups will ask a
federal
appeals court to block new rules that would enable the FBI to
dictate
the design of the nation's communication infrastructure. The
challenged
rules would, among other capabilities, enable the Bureau to
track
the physical locations of cellular phone users and potentially
monitor
Internet traffic.
In an oral
argument to be heard by the U.S. Court of Appeals for the
District
of Columbia Circuit on May 17, EPIC, the American Civil
Liberties
Union (ACLU) and the Electronic Frontier Foundation (EFF)
will argue
that the rules -- contained in a Federal Communications
Commission
(FCC) decision issued last August -- could result in a
significant
increase in government interception of digital
communications.
Also arguing against the proposed technical standards
will be
another group of challengers, comprised of telecommunications
industry
trade associations and the Center for Democracy and
Technology.
The court
challenge involves the Communications Assistance for Law
Enforcement
Act (CALEA), a controversial law enacted by Congress in
1994,
which requires the telecommunications industry to design its
systems
in compliance with FBI technical requirements to facilitate
electronic
surveillance. In negotiations over the last few years, the
FBI and
industry representatives were unable to agree upon those
standards,
resulting in last year's FCC ruling. EPIC, ACLU and EFF
participated
as parties in the FCC proceeding and argued that the
privacy
rights of Americans must be protected.
The groups'
court briefs asserted that the FCC ruling exceeds the
requirements
of CALEA and frustrates the privacy interests protected
by federal
statutes and the Fourth Amendment. Among other things, the
Commission
order would require telecommunications providers to
determine
the physical locations of cellular phone users and deliver
"packet-mode
communications" -- such as those that carry Internet
traffic
-- to law enforcement agencies.
Proposed
architectural changes to communications networks are also
being
considered this week in Paris, where a Group of Eight (G-8)
conference
is considering "cybercrime" issues. The process, which
began
several years ago at the behest of the United States, may be
moving
toward concrete proposals that could impact online anonymity.
During
the G-8 ministerial conference in Moscow last October, the
countries
committed their experts to organize a dialogue between
industry
and governments about "identifying and locating
cybercriminals."
During the scheduled Okinawa summit in July, the
results
of the discussion will be considered by the Heads of State of
the G-8.
Background
materials on CALEA, including the briefs filed by EPIC,
ACLU and
EFF, are available at EPIC's website:
http://www.epic.org/privacy/wiretap/
Information
on the G-8 conference is available at:
http://www.g8parishightech.org/en_txt/index.htm
=======================================================================
[5] EPIC
Testifies on Use of Social
Security Numbers
=======================================================================
On May
11, EPIC Executive Director Marc Rotenberg testified before the
House
Subcommittee on Social Security on the "Use and Misuse of Social
Security
Numbers." The subcommittee convened the hearing to examine
the need
for legislation to curb the growing misuse of Social Security
Numbers
(SSNs) such as in cases of identity theft.
EPIC's
testimony argues that legislation to limit the collection and
use of
the SSN is appropriate, necessary and fully consistent with
U.S. law.
The history of the SSN demonstrates that it was never
intended
to be used widely as a unique identifier and that there is
clear
judicial and legislative support for further legal restrictions
on its
use. The testimony concluded that strong privacy laws and
other
safeguards are necessary to ensure that the problems associated
with misuse
of the SSN, such as profiling and identity theft, do not
increase
in the future.
Also testifying
on the panel were several members of Congress
proposing
legislation to curb the use of SSNs, the Consumer Program
Director
of U.S. PIRG, and representatives of industries and
government
agencies that regularly use Social Security Numbers in the
course
of their work.
EPIC's
testimony is available at:
http://www.epic.org/privacy/ssn/testimony_0500.html
The testimony
of other panel members is also online at:
http://www.house.gov/ways_means/socsec/106cong/ss-17awi.htm
=======================================================================
[8] Upcoming
Conferences and Events
=======================================================================
Electronic
Government: New Challenges for Public Administration and
Law. May
18, 2000. Center for Law, Public Administration, and
Informatization
of Tilburg University, Netherlands. For more
information:
http://schoordijk.kub.nl/crbi/egov/
Securing
Linux or BSD Novice Users' Personal Computers. GNU/Linux
Beginners
SIG. May 19, 2000. New School Computer Instruction Center.
New York,
NY. For more information: drs@cloud9.net
Shaping
the Network: The Future of the Public Sphere in Cyberspace.
Computer
Professionals for Social Responsibility (CPSR). May 20-23,
2000.
Seattle, WA. For more information:
http://www.scn.org/cpsr/diac-00
New Millennium,
New Horizons: Marketing and Public Policy Conference
2000.
American Marketing Association. June 1-3, 2000. Marriott Metro
Center.
Washington, DC. For more information:
http://www.ama.org/events/
Data Sharing:
Initiatives and Challenges Among Benefit and Loan
Programs.
United States General Accounting Office. June 7-8, 2000.
Library
of Congress, Jefferson Building. Washington, DC. For more
information:
morehousec.hehs@gao.gov
First Annual
Institute on Privacy Law: Strategies for Legal Compliance
in a High
Tech and Changing Regulatory Environment. Practicing Law
Institute.
June 22-23, 2000. PLI Conference Center. New York, NY.
For more
information: http://www.pli.edu
Telecommunications:
The Bridge to Globalization in the Information
Society.
Biennial Conference of the International Telecommunications
Society.
July 2-5, 2000. For more information:
http://www.its2000.org.ar
INET 2000:
Internet Global Summit. Internet Society. July 18-20, 2000.
Yokohama,
Japan. For more information: http://www.isoc.org/inet2000
First International
Hackers Forum. The Green Planet. August 18-20,
2000.
Zaporozhye, Ukraine. For more information:
http://www.geocities.com/hack_forum
Surveillance
Expo 2000. August 28-30, 2000. Arlington, VA. For more
information:
http://www.surveillance-expo.com
KnowRight
2000 - InfoEthics Europe. Austrian Computer Society and
UNESCO.
September 26-29, 2000. Vienna, Austria. For more information:
http://www.ocg.at/KR-IE2000.html
Privacy:
A Social Research Conference. New School University. October
5-7, 2000.
New York, NY. For more information:
http://www.newschool.edu/centers/socres/privacy/
Privacy2000:
Information and Security in the Digital Age. October 31-
November
1, 2000. Adam's Mark Hotel. Columbus, Ohio. For more
information:
http://www.privacy2000.org
=======================================================================
Subscription
Information
=======================================================================
The EPIC Alert is a free biweekly publication of the Electronic Privacy Information Center. A Web-based form is available for subscribing or unsubscribing at: http://www.epic.org/alert/subscribe.html To subscribe or unsubscribe using email, send email to epic-news@epic.org with the subject: "subscribe" (no quotes) or "unsubscribe". Back issues are available at: http://www.epic.org/alert/
=======================================================================
About
EPIC
=======================================================================
The Electronic
Privacy Information Center is a public interest
research
center in Washington, DC. It was established in 1994 to
focus
public attention on emerging privacy issues such as the Clipper
Chip,
the Digital Telephony proposal, national ID cards, medical
record
privacy, and the collection and sale of personal information.
EPIC is
sponsored by the Fund for Constitutional Government, a
non-profit
organization established in 1974 to protect civil liberties
and constitutional
rights. EPIC publishes the EPIC Alert, pursues
Freedom
of Information Act litigation, and conducts policy research.
For more
information, e-mail info@epic.org, http://www.epic.org or
write
EPIC, 1718 Connecticut Ave., NW, Suite 200, Washington, DC
20009.
+1 202 483 1140 (tel), +1 202 483 1248 (fax).
If you'd
like to support the work of the Electronic Privacy
Information
Center, contributions are welcome and fully
tax-deductible.
Checks should be made out to "The Fund for
Constitutional
Government" and sent to EPIC, 1718 Connecticut
Ave.,
NW, Suite 200, Washington, DC 20009.
Your contributions
will help support Freedom of Information Act and
First
Amendment litigation, strong and effective advocacy for the
right
of privacy and efforts to oppose government regulation of
encryption
and expanding wiretapping powers.
Thank you for your support.
---------------------- END EPIC Alert 7.09 -----------------------
and forwarded by request
(if the Bank Secrecy Act is a subtle
trampling of search and seizure protections, at least this is more
honest):
Please visit http://www.impeachreno.org we have collected thousands of signatures calling for Congressional hearings and the impeachment of Attorney General Janet Reno for her violations of the 4th Amendment to the Constitution with her forced entry into the home of Lazaro Gonzalez and his family.
Please view the articles at http://www.impeachreno.org and consider
supporting this effort by signing the petition.
Chad Morgan
to the
investor protection homepage to the
Global Ivory Tower
wealth
privacy index name index subjects
& keywords index