Pubdate: 31 Dec 1998 Source: (1) Hartford Advocate (CT), (2) New Haven Advocate (CT) Contact: (1) (1) http://www.hartfordadvocate.com/ Copyright: (1 and 2) 1998 New Mass. Media, Inc. Contact: (2) Website: (2) http://www.newhavenadvocate.com/ Author: Tom LeCompte Note: To comment on the proposed rules, write to Robert Feldman, executive secretary, attention: comments/OES, FDIC, 550 17th street, NW, Washington, DC 20429. Fax: (202) 898-3838. SPY ON YOUR CUSTOMER The Government Wants To Know Where You Get Your Money And How You Spend It. How much money do you have? Where do you get it? What do you spend it on? The federal government wants to know, and it's asking your bank to tell. New rules proposed by the Federal Deposit and Insurance Corp. would require banks to profile every customer, find out the source of depositors' funds, monitor their transaction patterns and report transactions that deviate from the pattern. Under that scenario, if you sell your car and put the money in the bank while you shop for a new vehicle, you might find yourself explaining to the FBI, the Internal Revenue Service and the Drug Enforcement Agency why you made a $15,000 deposit. The rules, scheduled to go into effect in April 2000, would require the nation's 6,000 banks and credit unions (savings & loans will likely be required to do the same) to establish the benignly titled "Know Your Customer" programs. The ostensible justification is to "deter and detect financial crimes." The proposal has drawn an enormous public response. At last count, the FDIC had already received more than 6,000 comments. The most comments received in the past was 3,498, regarding a 1984 broker deposit regulation. Banking industry groups, privacy advocates and anyone else can speak out on the proposal during the public comment period that ends March 8, 1999. "They might as well call it 'Spy on Your Customer,'" says Barry Steinhardt, associate director of the American Civil Liberties Union, saying the rules would essentially "turn banks into surveillance agents for the government." The rules, explains John Byrne, senior counsel and compliance manager of the American Bankers Association, have been in the works for years, and are actually a refinement of rules stemming from laws Congress passed in the wake of the B.C.C.I. and Bank of Boston banking scandals of the 1980s. Those rules, which require banks to report transactions in excess of $10,000 (Currency Transaction Reports) or any suspicious activity (Suspicious Activity Reports), have been effective in catching and curbing criminal activity, says Byrne--prompting some to wonder why the new rules are needed. That wonder only increases with the knowledge that the Treasury Department already collects an overwhelming amount of data: 100,000 Suspicious Activity Reports and more than 12 million Currency Transaction Reports per year. While banks have adapted well to the current regulations, Byrne insists the new rules would necessitate sophisticated (and expensive) computer programs to track all the data requested. And without similar rules being applied to non-banking institutions, such as the securities industry, banks could be at a competitive disadvantage. While the ABA won't lobby against the new rules, it will seek to have them amended, Byrne says. The Connecticut Bankers Association has yet to comment. Lawmakers have been noticeably silent on the issue. U.S. Sen. Christopher Dodd, ranking Democrat on the Senate Banking Committee, issued a statement saying only that he lauded the goals of the regulations, but understood the concerns of the banking industry and consumer advocates. The ACLU and other privacy advocates worry about how all this information will be used. Collected by the Treasury Department's vast Financial Crimes Enforcement Network, the data will presumably be accessible to any government agency. As the recent IRS scandals show, the potential for abuse is high when government has so much confidential information. "They always do these things for the most benign reasons," says Steinhardt. Whatever assurances the government gives that this information be collected only for reasons specified by the rules' original intent isn't worth the paper it's printed on. Take mandatory DNA testing, which was originally proposed only for sex offenders. Soon, New York City will take DNA samples from all arrested suspects, a trend likely to be followed nationwide. For those in government, says Steinhardt, "There will always be another good reason to open up the database." The feds already have created a national registry to record each new hire in the country and collect 160 million wage reports each year. The ostensible justification is to track down deadbeat parents. States are also collecting Social Security number information on individuals who marry, apply for drivers' licenses, acknowledge paternity or sign up for service with a utility (phone, electric, even cable TV), all of which is available to the federal government. And earlier this year, President Clinton moved to create a national medical identification number that would track each citizen's medical history from cradle to grave. Technology, says Steinhardt, has enabled the government to collect more and more information on citizens and to tie these databases together. "We are moving toward 1984," he says. "Maybe 25 years late, but it's coming." Whereas 25 years ago this turn of events would spur public outrage, he adds, "People now are getting increasingly immune to this trend." - --- MAP posted-by: Richard Lake