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How to Reconcile Bank Privacy
by Declan McCullagh
3:00 a.m.  30.Jun.99.PDT
WASHINGTON -- The US House of Representatives is set to debate as early
as Thursday sweeping privacy legislation that would sharply curtail what
customer information banks will share with law enforcement authorities
and business partners.
Federal laws requiring banks to report any "suspicious transactions" to
a massive IRS computer would become more precise, and the rules
 requiring that banks report deposits or withdrawals of more than
US$10,000 would in the future apply to amounts greater than $25,000.

A separate proposal, backed largely by Democrats, would increase federal
regulation of the financial industry by requiring that banks let
customers choose whether their data may be shared with affiliated
brokerage and insurance firms.


------------------------------------------------------------------------
See also: Know Your (Customer) Rights
------------------------------------------------------------------------


Both are amendments that proponents finalized Tuesday and hope to attach
to a mammoth banking modernization plan called the Financial Services
Act of 1999.

One obstacle looms: The House Rules Committee. The panel is scheduled to
meet Wednesday to decide what amendments may be offered to the bill
before the vote by the full House.

Representative Ron Paul (R-Texas), who has long tried to reduce the flow
of customer information to the government, predicts he will prevail in a
floor vote. That is, as long as the powerful Rules Committee lets him
attempt one.

"I know what would happen if Congress had to vote on this," said Paul,
who led the fight against the "Know Your Customer" bill. "This is one
issue that has been thoroughly explained to the American people and
every Congressman is aware of it. We'd win overwhelmingly."

Joining Paul are Representatives Bob Barr (R-Georgia) and Tom Campbell
(R-California). Their amendment requires banks to forward reports to the
Feds only when employees believe that there is a "transaction relevant
to a possible violation of a law or regulation."

It would also make their victory against the Know Your Customer plan
permanent by barring the Feds from making banks "determine the sources
of funds" deposited by customers or requiring similar forms of
surveillance.

When a bank detects suspicious activity, current regulations require it
to complete a five-page report that includes the customer's name,
address, Social Security number, drivers license or passport number,
date of birth, and information about the transaction.

The bank then sends the information to a computing center in Detroit,
where it becomes part of the Suspicious Activity Reporting System, a
mammoth database jointly administered by the IRS and FinCEN, which went
online in 1996.

Paul proposed an even more extensive reform package when the bill was in
committee, but it was rejected in favor of the one backed by Barr. Paul
and Barr have since reconciled their differences.

"I thought maybe he didn't like my stronger approach, but now he does
and he supports going all the way," Paul said.

Law enforcement agencies and their supporters in Congress -- who have
previously said bank surveillance was a key weapon in the war on illegal
drugs -- are expected to oppose the measure.

The other amendment, championed by Representative Ed Markey
(D-Massachusetts), would increase the role of the federal government in
regulating companies' data-sharing practices.

The two approaches to protecting privacy -- increasing versus reducing
government regulation -- stem from markedly different views about the
role of government. Markey is a liberal Democrat, while Barr is a
conservative Republican and Paul is an ardent free-market proponent.

Paul said he would oppose Markey's plan, but civil libertarians endorse
both.

"Congress has a golden opportunity to either protect financial privacy
rights or threaten financial privacy," said Greg Nojeim, legislative
counsel for the American Civil Liberties Union. "Customers have a right
to control information about their most personal financial transactions
from disclosure to both the government and affiliates of their bank."

On Tuesday, Markey received unexpected support from a Republican,
Representative Joe Barton of Texas. One source on the Hill said late
Tuesday that prominent Democrat John Conyers of Michigan would support
the Paul-Barr-Campbell proposal.

But trade associations representing the banking industry have strongly
opposed Markey's proposal and many observers predict the Rules Committee
is not likely to let him offer it.

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