CHAPTER II
SSN, IDENTITY, SIGNATURE LICENSE AND SECURITY
Did you ever wonder why banks wants your social security number and date of birth and legal name and why they check your credit to open a checking account? The reason is that they rate account by your credit score and they trade your account with other banks and securities. This is the reason why if you deposit many checks into a business account without using a clearing house to clear funds, and too many checks are returned, the bank will close your account because it actually loses money on the credit rating of the account.
Of course the banks also help each other and debt collectors and the collection industry in general by keeping your identifying information, and publishing it within a national database that is available to attorneys and the government so judgment lien creditors can seize your funds.
But did you know that the bank has no legal right to require the disclosure of your social security number? Well, they also have no right to provide you any services if you refuse to disclose it, but that still doesn’t mean that you need to disclose it to them. Remember, the bank is not interested in your social security number so that it can pay you government benefits, it wants to rate your account based on the amount of deposits and your credit score. That’s right, credit score. You don’t need a social security number for a credit score either, you just need a nine digit number that is available to be used for your credit score, instead of a social security number. There are several ways of reaching the same objective, this is just one
You can create a credit file with almost any nine digit number, the same way you did when you first applied for credit or used your social security number to allow a credit inquiry. Probably every time you use your social security number, an inquiry is made on your credit file, some you can see, some you cannot. What if you don’t have a credit file? Well, that was true for all of us at one time. When you first used a social security number in a credit application, or with any third party that made a credit inquiry before you had a credit file, the software that maintains this system actually created a new credit file for you since you didn’t have one, in order to process your credit application and deny it.
Each social security number is the property of the United States Government, when that number is used for government programs and benefits and represented as a social security number. The government does not have any claims against any or all nine digits numbers on the planet. The combination of numbers is ten to the ninth power, that is, the total number of possible unique social security numbers is one billion. According to the “Social Security Bulletin”, November 1982/Vol. 45, No. 11; the first three digits of the social security number are known as the “Area” and are issued by state of residence appearing on the social security number application. The next two digits are known as the “Group” and merely enable the lists of area numbers to be organized into blocks. Remember this system was created during a time when paper files were utilized and people’s names were listed in alphabetical and numerical order and had to be indexed by people thumbing through tabs of paper. The last four digits are simply a sequence number assigned in order of the numbers issuance. It’s best to review the Bulletin for more detail in understanding what is needed in order to create a number that matches your place of birth or where you or your parents would have applied for a social security number.
This is a bit convoluted or cumbersome for most people to follow or to manage. It’s not necessary to do your banking without a social security number in order to get the benefits that most seek, that is privacy and property protection.
Traditional Trustee Services
There are trustee services you can employ where the trustee is an individual or corporation that is bonded, licensed and insured. The trustee can manage your money for your benefit and help you avoid the usual liabilities attached to having the cash or property in your name. There are risks associated with this strategy, so you will need to develop your own set of rules to follow. The first rule I would suggest is never, never and I mean never, allow the bank, or an employee of the bank, to be the trustee. And, never allow the trustee to decide how to invest your money, even if that means you need another service to help you invest and manage your investments, do not allow the first trustee to play this role.
You need to bring your own plan to a competent trust service in which no bank has an interest, but the trustees are simply trustees, who make their money on nominal fees for clients that have your similar net worth.
Why name a corporate trustee instead of an individual?
An instinctive first choice for the role of trustee is often a family member or close friend. While there may appear to be strong rationale for choosing a relative to be a trustee, hiring an independent corporate trustee may be the wiser decision.
A corporate trustee brings objectivity, experience, and expertise at a time that is often wrought with emotion. That is why trust and estate professionals frequently recommend hiring corporate trustees, rather than naming family members.
Advantages: Avoiding Fees
Frequently, this is the primary reason in naming a family member or friend as trustee. Paradoxically, individual trustees must often hire other professionals or third parties to assist them in carrying out their obligations as trustee, which may eliminate any expected cost savings.
Accountability
Record keeping systems exist to ensure timely, accurate accounting of principal and income.
Confidentiality
Privacy is maintained and matters are treated with the utmost confidence.
Impartiality. Decisions are made objectively in an unbiased atmosphere.
Experience
Knowledgeable, experienced professionals well versed in complex trust management.
Permanence
Perpetual existence assures a capable, professional organization is ready to complete the trust tasks required for decades going forward.
Responsibility
Required by law to faithfully perform all its duties and follow the trust document to the letter.
Trusts can be managed by either personal or corporate trustees. There are good reasons why a corporate trustee can be the better choice.
Skill and experience. A corporate trustee uses skilled, experienced, certified trust professionals to administer trusts.
Impartiality. A corporate trustee is not influenced by family relationships.
Preserve family relationships. A corporate trustee can make discretionary trust decisions without jeopardizing personal family relationships.
Prevent unexpected costs. A corporate trustee can handle routine trust matters without having to consult attorneys and accountants.
Trustee regulation. A corporate trustee is regulated and regularly examined by a state or federal agency.
Continuity and consistency. A corporate trustee will provide continuous, consistent administration for the entire term of the trust.
Access to special resources. A corporate trustee can often access favorable investment and custodial arrangements due to the institutional size of all managed accounts.
Proper and complete reporting. A corporate trustee uses systems and processes for timely, accurate and compliant reporting of all trust activity.
Establish a long term professional relationship. A corporate trustee will be there for the long term.
Ability to consolidate services in one trust provider. A corporate trustee can interpret the trust, process decisions, pay bills, prepare tax returns, make investments, prepare account statements, collect income, plan for cash needs, take custody of special assets, obtain asset valuations and access any other service needed to properly and fully administer the trust throughout the changing lives of its beneficiaries.
A useful corporate trustee will provide the following types of services: Charitable Trusts, Family Trusts, Revocable Living Trusts, Court Appointed Trusts, IRA Rollovers, Life Insurance Trusts, Testamentary Trusts, Tax-Sheltered Trusts, Employee Benefit Plans, Investment Management Accounts, Retitling assets, Asset valuation, Custody and safekeeping of assets, Principal and income distributions, Regular and discretionary distributions, Bill paying, Portfolio development and maintenance, Investment management, Investment research, Management of real estate and other non-market assets, Collection and reinvestment of income, Daily investment of cash balance, Consolidated statement of account assets and transactions, Tax information and record keeping, Trust tax preparation, and Regularly scheduled formal reviews.
Notice how there is a mixture of asset protection and estate planning considerations that being to be mixed into a privacy plan.
SIGNATURE LICENSE AND SECURITY
This article is written specifically in response to the billions of dollars of counterfeit and forged promissory notes that have recently flooded the United States and have been used to steal American homes and wreck our economy. The problem is now solved (at least going forward). However, we need to adopt the following practices whenever entering into any promissory note arrangement, especially when it is going to be secured by a trust deed or mortgage lien against our homes
PANTOGRAPHIC SECURITY PAPER
When you first obtain your closing documents, the first task should be to locate the promissory note and print it from the file or copy it onto the following type of paper:
This is pantographic security paper. It can be purchased in 8 ½ x 11” or 8 ½ x 14” dimensions, in 25 Lb. or 60 Lb. Bond Void Blue, Pantograph on one side, 1-up on 8.5″ x 14″ sheet. You can usually buy 250 sheets/pack and it usually has ten or twelve security features. It is also compatible with copiers, laser, inkjet and offset presses.
I will recommend one brand, but there are many more that you can find yourself. Kan’t Kopy® K2 is one-sided security paper that has 10 security features with counterfeit resistant printing to secure originals. The security features include:
● Pantograph (hidden message) – When an unauthorized person tries to copy or scan the original, a “Void” hidden message appears.
● Color Match – The original color of Kan’t Kopy® paper can not be reproduced with any type of copy process.
● Kan’t Kopy® Artificial Watermark – An artificial watermark is manufactured onto the paper.
● Anti-Copy Coin Rub – Watermark on the back turns black when rubbed with a coin.
● Erasure Protection – Guards against erasing/modifying and scanning.
● Acid Free – Preserves documents for a longer period of time.
● Toner Grip – Enables ink from your printer to stick to the paper without it flaking or smudging.
● UV Paper Dull – Ultraviolet light will not brighten the paper.
● UV Paper Glow – Paper has embedded security fibers only visible under ultraviolet light.
● Chemically Reactive – Spots will appear if chemicals are used in an attempt to alter a Kan’t Kopy® document.
You can find more information and similar products at https://www.blanksusa.com and search the Internet for “pantograph security paper”.
In security printing, void pantograph refers to a method of making copy-evident and tamper-resistant patterns in the background of a document. Normally these are invisible to the eye, but become obvious when the document is photocopied. Typically they spell out “void”, “copy”, “invalid” or some other indicator message.
Void pantographs work by exploiting the limitations and features of copying equipment. A scanner or photocopier will act as a low-pass filter on the original image, blurring edges slightly. It will also not be perfectly aligned with the directions of the document, causing aliasing. Features smaller than the resolution will also not be reproduced. In addition, human vision is sensitive to luminance contrast ratio. This means that if a grey region consists of a grid of very small dark dots the filtering will produce a lighter grey, while a region of larger dots will be affected differently (“big-dot-little-dot”). This makes it possible to see a pattern that previously was invisible. Numerous variations exist, including printing the marks using a raster of lines in one direction on a background of lines in another direction, or using fine line patterns that alias into a visible moire pattern when copied.
EMBOSSED SIGNATURE SEAL
When you affix your signature, use blue or red indelible ink and then emboss your signature with an embossing stamp such as the one illustrated here. Be sure to emboss over part of your signature with the image you have created for your embosser seal.
I found this example at www.thestampmaker.com. It’s a desktop embosser you can customize with your own symbol or art and this gives a crisp, clear seal impression. You can send your artwork or image in one of the following file formats: tif, .pdf or .eps.
This is an example of what the embosser does to paper and the reason why it cannot be counterfeited or forged:
It costs only about $50 or $60 and ships in one business day. Use this seal to affix your custom artwork or symbol over your original signature on the pantagraph paper. If the bank ever tries to foreclose, it will be obvious that unless it has this original document, identified by your security paper and embossed and sealed signature, the bank can never foreclose.
No one can tell you what your signature must look like or how to make your signature, this freedom is what makes your signature legal and binding and worth money. You will be able to us these two practices in every note you ever sign. These two steps will eliminate the bank fraud, forgery and counterfeiting forever, we just have to pass this information around to everyone and encourage everyone to order his own security paper and embosser seal and use it at every chance.
If you can see what I see, we can use these two simple methods to end the note fraud and we don’t even need to write more laws or file lawsuits. Remember that your signature is your private property and it is worth lots of money. You have the right to decide how and when it’s used. This is your responsibility. If we act responsibly using the information in this article, we can eliminate many of the consumer debt and corrupt banking and courtroom practices that we have witnessed in recent years.
SIGNATURE LICENSE
What is a signature? There seems to be no reference anywhere, in law or publications, that explains what a signature is and how it should be used and what power and rights it conveys.
If you ask most attorneys what a signature is, you will here some garbage about it’s your name and can be written in many styles, what morons. Attorneys don’t even understand this, the educational system excludes this information so that we can be exploited.
Make no mistake, your signature is money and if you disrespect it, the misuse or negligent use of your signature will hurt you financially and in many other ways. Nearly everyone in our modern society is trained like a monkey to sign whatever form he is given, without question, and without restriction. Most people don’t even know that you can impose restrictions on the use of your signature with legal terms in what is known as an “endorsement”.
Did you know that your signature is your private property? It is an expression of your will or yourself. Think about this, when a creditor imposes a lien or levy on someone’s property, it may take money out of the bank, levy wages or auction collateral, but no creditor ever takes your signature. Your signature is the source of wealth, at the very least it helps you acquire property rights and those rights can be taken by a court in most cases, but not your signature. It’s just like a thought, no one can take your thoughts, or your attitude, and likewise, no one can take your signature. This property needs to be acknowledged and respected.
Your signature is the “nature” of your “sign”, it is your individual expression and we use signatures today to express our consent to certain agreements. Most of these agreements are known as “adhesion” contracts, that is, terms to which you either agree without exception or don’t agree to at all. I’m not challenging these types of contracts, that is for another article, but I want to draw your attention to the fact that you can impose terms upon the use of your signature and still accept the terms of an adhesion contract.
If you sign something without qualifying the use of your signature, you are giving the counterparty a “blank check” to use your signature for any purpose at all. Here is an example, you apply for credit using your signature and other information, you agree to a credit inquiry of your credit file. But what you also agree to, either in writing on the application or by just giving a “blank check”, is that your signature and thereby, your consent is also used to report unpaid bills to your credit file and used in a debt collection and in assigning your account to collections to third parties which you never expressly agreed to, among other things. I’m not saying that every credit application is going to turn into a debt collection, but if the organization states that it wants to made a credit inquiry of your credit, that should be the limited purpose for which you sign your signature and all other purposes should be excluded.
What if you sign a promissory note or credit agreement and then the bank or lender uses the signed instrument to make money beyond the terms of the agreement and its relationship with you? This is done everyday and you would be shocked to know how often your signature is used to make money without any compensation to you.
Let me give you a short example of how your signature is used to generate money for your direct benefit, and this doesn’t include all of the money that your signature is used to create where you receive no benefits at all.
The following data pertains to an average individual’s use of his SSN/DOB, Signature and Annual Income Statement when obtaining loans for consumer debts and generating income throughout his lifetime. It does not pertain to other value created by other aspects of the individual’s likeness. The premise here is that one’s identifying information (financial, tax, banking, credit) is an aspect of one’s likeness. Add in the missing annual income and your age and calculate this for yourself.
Average American Annual Income = $52,000
Average Income of Individual (last three years) = $_____________
Current Age = ________
Average American Age of Retirement = 65 years
This factor, average income from last three years, should be supplemented by the amount of annual revenue generated for the organization in which the income earner is employed, if he is employed. It would be calculated by an estimate of the amount of money his employment generates for the company. This factor is not included within this analysis, and this analysis should be done with the individual’s specific data in place of these estimates.
How much debt does an American create:
Student Loans = $27,000 for a four year degree
$44,000 for a masters,
$56,000 PhD.
$113,000 Medical (MD)
Credit Cards/unsecured debt = $120,000
Mortgages = $230,000 is the average mortgage, but people generally obtain several mortgages throughout their lifetimes. An average person could create $1,000,000 in mortgages in his lifetime.
Automobile Loans = $30,000 on average, with the average person creating car loans for a least 7 cars in his lifetime, or $210,000 in car loans in his lifetime.
Small Business
Small Business Trends published a 2007 table showing that the average small business (S-Corp.) across all industries, generated just over $1,500,000 in gross sales. While the net income of the owner was about 7% of gross sales, the key number here is gross sales generated by a small business meaning that the owner is not a corporation in the sense of a C-Corporation, but a sole proprietorship or S-Corp., usually with one owner. This means that the owner was required to use this name, signature, DOB, SSN, and personal income statement for nearly every aspect of the business, from ordering supplies to guaranteeing contracts and credit terms.
For each individual, it is entirely possible that his identifying information can be used to generate approximately $1,500,000 in revenue per year. This amount should be multiplied by the number of years which one could reasonably be involved in such a business until retirement, from his current age.
Life Insurance
Whether or not an individual has life insurance, his identity can be used to obtain a life insurance policy. It could be reasonably, anywhere between $25,000 to $1,000,000 of coverage. I’m going to use the amount of $250,000 to be conservative and factor it into the total estimate.
Total Identity Valuation (understated):
65 – Age x $52,000
+ Student Loans $25,000
+ Credit Card with Unsecured Debt $120,000
+ Mortgages $890,000
+ Automobile Loans $210,000
+ Life Insurance $250,000
+ 65 – Age x $1,500,000
_________________________________
Assumption that individual is 50 years of age
15 x $52,000
$25,000
$120,000
$890,000
$210,000
$250,000
15 x $1,500,000
_________________________________
$24,775.000
Factor in the use of this specific individual data by debt collector for tax deduction (face value of mortgage), face value of bank owned life insurance, securitization, collateral
Okay, your signature may be worth at least $25,000,000 in your lifetime and this is just a rough estimate and does not include all of the money for which your signature is securitized and monetized by banks and corporations and banking facilities.
Why have you been so careless with your signature? Why has no one ever explained the importance of this to you? The answer is quite simple, you have been exploited all of your life, in these ways but in far more ways you can possibly imagine, by the banking system and by your government. You need to take control of your money (signature) and I’ve prepared the “Signature License” to help you do just that.
When you sign your name, you simply write above or to the left of your signature, “with terms, No. _________” and insert the number of your signature as per the algorithm and then include the signature license with your signature, either as a PDF online or on paper, or sent via first class mail to the counterparty.
I think you want to use this signature license when you provide your signature where the counterparty is a financial institution or corporation that deals in financial instruments; for example, a car dealership today is not selling cars as much as it is acting as a “broker-dealer” in creating consumer debt with notes and collateral. Today, a car dealership is more of a banking facility than a car dealer in the traditional sense.
The same is true for providers of life insurance. Insurance is just another aspect of banking and you use the signature license in these situations as well. You should use it when you apply for credit where your credit file will be reviewed with your date of birth and social security number. When your name, signature, date of birth and social security number are being used in a credit application, the account is being evaluated for underwriting with an insurance company and the paper you are signing, the note for example, will have a credit rating based upon your signature and credit. The reason for this is because the bank or insurance company or corporation is going to make money on the debt instrument you are signing (note, lease, credit application, etc.). Again, more reason to impose terms under a license agreement for the use of your signature.
If you sell your old car on Craigslist, chances are that someone in your neighborhood who is looking for a car will come to buy it. You will execute a sales contract (or you should) and then sell him the car if he wants it. This in itself does not involve banking and your signature on that contract will not be used for anything but that one transaction as described in the bill of sale. There is no need for a signature license, but of course you can use it in this example as well. However, it is likely that the Department of Motor Vehicles is using a signature on the certificate of title and registration application to create its own revenue in addition to the fees you are paying. What about your driver license?
A driver license, much like your birth certificate, is used to create all kinds of money and huge amounts at that, from which the signatory receives no money or compensation. It is safe to say that you should add a signature license to your DMV file as it pertains to your driver license. The same would be true for the state and federal income tax forms. There is a specific date and time when each of these records are created and permanently recorded and it can be used to create the signature serial number that is explained in the license.
I have included an example of a signature license on the next pages.
This is a license agreement and a qualified or restricted endorsement for the use of my signature, between myself ____________________________________, the Licensor, and the counterparty Licensee, ______________________________, notwithstanding any other terms between the parties herein.
I – Description of Use
My signature is given for the specific purpose or transaction as it pertains to the document or instrument described herein:
Payment Authorization Contract for the Purchase and Delivery of Goods
Credit Inquiry Membership / Subscription
Promissory Note Banking
Consumer Credit Professional Services
Other or Specific Details: ________________________________________________
__________________________________________________________________________
__________________________________________________________________________, and for no other purpose other than that described herein. A true and correct copy of the document or instrument to which my signature is affixed is also affixed to this license agreement by the endorsement on the transaction or instrument using “with terms” and the number of my signature thereon.
II – Definitions
The terms “My” and “myself” mean the Licensor.
My signature is the “nature of my sign” and it is my private property and not subject to any claims, liens or encumbrances.
My signature is an expression of myself and protected by law.
My signature is what I proclaim it to be and nothing more. It is not limited to a series of letters or any particular font, but may be expressed simply by the expression of my consent or will in an electronic form or verification process, such as an email confirmation to subscribe to a newsletter.
I am the freeholder of my signature and all rights attached, expressed, assigned or recognized with my signature.
My signature is non-negotiable and given without recourse, and without prejudice to any of my right, notwithstanding any other provisions expressed in this license.
The term “credit” means the credit history of the Licensor as such records may be maintained by a government or credit reporting agency such as, but not limited to, Equifax, Experian, TransUnion or LexisNexis or other credit reporting agency, that is subject to the provisions of the Fair Credit Reporting Act.
A “backup” is a duplicate made for security purposes and for the anticipation that original data may be lost or damaged and therefore, the backup can be used to replace the original.
The term per diem mean per day.
III – Rights to Copy
My signature shall not be copied duplicated or replicated on or in any medium including paper, electronic or digital, except that the counterparty may store my signature in its own database, whether paper or electronic, and for the uses limited by this agreement, and for no other uses. The counterparty may also create “backup” copies for security purposes but shall not store such copies in violation of the Non-Disclosure provisions of this license.
IV – Binding Provisions
No verbal expressions representations of any kind are binding upon the parties and only the terms herein are binding. This agreement shall be controlling in any disputes between the parties as to the terms of use for signature herein.
V – Confidentiality & Non-Disclosure
My signature, and the instrument terms or documentary terms to which it is affixed, as described herein, shall not be published or disclosed to any party or third party which is not named in this license.
VI – Trademark
My signature is my unregistered service mark or trademark and is protected by the law of trademarks.
VII – Intellectual Property
My signature is my intellectual property and I have the superior claim against all others and no one has any superior claim against my intellectual property or signature than myself.
VIII – Access to Credit History
My signature may be used for a single credit inquiry by the Licensee and shall not be used for any other purpose, including by not limited to debt collections, asset searches, or credit reporting or reporting any information to my credit file.
IX – Indemnification
Licensee shall indemnify the Licensor against any and all security breaches, losses or damages resulting form the use of his (or her) signature.
X – Choice of Law & Dispute Resolution
The choice of law for any and all disputes arising from these terms shall be within _______________________ and any and all disputes arising from this agreement shall be resolved by applying to the court in this jurisdiction under an appropriate cause of action.
XI – Liquidated Damages
The counter party shall pay liquidated damages to the Licensor in the amount of 480 grains of gold (Au) or its equivalent in Bitcoin, within thirty days of such violation. If counterparty shall fail to pay liquidated damages within the time limit herein, it shall be deemed to be in default of the license terms herein and damages shall continue to accrue each day at a rate of 480 grains of gold (Au) per diem until the default is cured.
Additionally, any commercial use of my signature that is not specifically authorized by this license which is appended to the transaction, document or instrument described herein, and that produces any gain or financial benefits for the counterparty Licensee, shall immediately be reported to and paid to the Licensor, in full. Failure to pay these amounts to the Licensor shall constitute default under the terms of this agreement. Licensor shall pay additional damages to the Licensor in the amount of money or financial gains realized by the Licensee
Licensor shall given written notice of the default, for each and every single default, to the Licensee within thirty (30) days of discovering such default, and provide the Licensor an opportunity to cure the default with specific instruction on how to do so. If the Licensee fails to cure the default(s), such failure shall constitute a security agreement and notice of the agreement shall be given and published in the official records of the jurisdiction in which this agreement is executed and in which both parties reside. This security agreement shall constitute a statutory lien.
XII – Term Limit
My signature is expressed this ___ day of ______, ______, at the time of _____:______
My signature is revoked and expires on the date of ________, at the time of _____:_____,
Or, expires upon the occurrence of a specific event described as
__________________________________________________________________________, whichever occurs first.
Dated this ___ day of ______, _____.
XIII – Signature
My signature is numbered and sealed with an embossing stamp. The number of my signature is formatted in the following manner, year,month,day,hour,minute, for example, a signature expressed at 6:30 PM on Friday, January 22nd 2016, will appear as 201601221830 with no delimiters, and is expressed with the transaction or instrument described in Section I.
DATA RETENTION LICENSE
Nearly all “privacy policies”, at least that I have seen anyway, are telling you that using software, or a service or product subjects you to consent to the company’s “privacy policy”, and then in the policy, it explains what privacy you do not have. We don’t have to accept this and we don’t have to agree to binding arbitration clauses with foreign corporations just so we can use a computer. What we can do is notice these companies as to how our identifying information is going to be used, whether they like it or not.
I created what I call a “data retention license” that describes how my likeness and identifying information will be used by any counterparty. I then uploaded it to a free website and created a Quick Reference (QR) code that I can insert next to my signature or in one page notices to counterparties using my information. Here is an example.
NOTICE OF LICENSE TERMS FOR USE OF LIKENESS
Furthermore, please be advised that you agree to the following license terms for the use of my identifying information (likeness), please scan this link and visit this website to review the specific terms of the license.
If you scan this code or visit the URL, you will see the following data retention policy or that with some revisions and I modify it once in a while.
DATA RETENTION LICENSE
Please be advised that upon receiving notification of the QR code for the following content and license terms, you are subject to the terms and conditions set forth herein.
In requiring or requesting the disclosure of my identifying information and capturing or retaining my information in any way, or in any type of database, including but not limited paper or electronic media, you the recipient(s) of this notice, jointly and severally, and your agents, subsidiaries, assignees, attorneys, successors, receivers, transferees, appointees, share holders, investors or buyers, the licensee, agree to the following terms, notwithstanding any provision of law, policy or agreement:
Definitions
These definitions are not limiting or strictly exclusive of other or additional meanings that are commonly accepted by most people.
Please take notice that the first ten amendments to the United States Constitution have not been repealed, and have been reproduced by each state legislature in its own constitution, specifically as to the Fourth Amendment, to wit: “…the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The United States Supreme Court holds that I have no reasonable expectation of privacy when out in public, or outside of my private residence; however, this is not a waiver of my rights and I retain my rights and private property rights, and these rights are more fully described herein.
The terms “me” or “my” or “I” – mean the licensor, the individual who served upon you, the license agreement notice via the QR code or website that you are now reading. I will identify these terms by the date upon which notice was served upon you (date indicated with QR code) and my name or other identifying information which is the subject of this license agreement.
I am an individual with a conscience and the power to reason and I have rights that existed before any law, statute, social, political or legal construct. I have rights that are absolute, natural and unalienable. I am incomparable to you (as defined herein) or any fiction or construct and superior to the same.
The terms “my identifying information” or “my data” mean my private property and include, but are not limited do, my personal, private, banking, credit, financial and identifying information such as my legal name, nick names and aliases, date of birth, social security number, birth certificate and records, credit file number, bank account information, records on file with any department of motor vehicles (DMV), driver license, pilot license, captain’s license, professional license, permits, registrations for any vehicles, vessels or aircraft, utility accounts, medical records, human tissue, website content, email and telephone communications, information disclosed on packaging for physical mail, such as letters, envelopes, post cards and packages sent via the United States Mail or any private carrier including but not limited to the time and date of the post mark and physical description and dimensions of the same, photographic, telephonic, video graphic or audio graphic images or records of myself and my likeness, including but not limited to finger prints, DNA (deoxyribonucleic acid) records, retinal pattern, voice or utterances, physical characteristics (such as gender, hair color and style, eye color, height and weight), mannerisms, habits, behaviors, facial expressions, body language, dates and times of my activities, location data, meta data or information about the information described herein, my signature, handwriting, and descriptive marks appearing anywhere on my body.
The term “incident” – means a single violation or material breach of the terms of this agreement.
The terms “you” or “your” – mean, but are not limited to, the licensee, and the individual, entity, organization, business, government (state or federal), government agency or contractor (state or federal), county, state, city or municipal corporation, corporation, limited liability company, trust, sole proprietorship, or the party requesting, holding or benefiting from the use of my personal or private identifying, financial, credit or banking information, including but not limited to all information connected to my driver license, identification cards or devices, and medical records. These terms include, but are not limited to, to the principals, owners, agents, predecessors, assignees and transferees of the foregoing. You are recognized in this agreement as an individual without a conscience or the ability to reason and think rationally, and therefore, no inherent rights of any kind unless specifically given by statute or an act of the legislative function of the government that granted your existence. You are subservient to the will and power of people, such as myself.
The term “point-of-sale” means the period of time when payment is made for services or products, or the moment when my identifying information is requested or obtained, by any means.
Terms
You agree that upon the moment of disclosure of my identifying information to you, or the moment you obtain my identifying information, whether with or without my consent, that you are in sole custody and control of my identifying information and that these terms apply. This agreement is perpetual and shall continue in perpetuity. If this agreement conflicts with any of your policies, the terms within this agreement shall be controlling and notwithstanding any of your policies or previous agreements, terms or conditions.
Indemnification
You agree to indemnify me and hold me harmless of any losses incurred by anyone related to the disclosures requested of me, and you agree to compensate me and any other parties, for the full amount of losses, for each incident. You agree to protect my rights at your own expense, as it pertains to fulfilling the terms and conditions of this agreement.
You guarantee, without exception or condition, the security and privacy of my identifying information, or data, specifically,
● You will not share my data with any third party without my prior written consent. Failure to comply shall constitute a violation of the terms herein.
● Sharing my identifying information with, or for the benefit or use of, any insurance company, servicer or underwriting purpose, is strictly prohibited under these terms and constitutes a violation of this agreement, subject to the penalties specified herein, with damages including, but not limited to the following example: If your transmission of my identifying information to an insurance carrier and/or its underwriter results in the denial or cancellation of insurance coverage that I would have otherwise been provided, you shall assume all the risks and liabilities that such coverage would have provided me, and for as time as the coverage was intended by me.
● You will use my data only for the purpose stated at the point-of-sale. Failure to do so shall constitute a material breach or violation of the terms herein.
● You agree not to reproduce or duplicate my identifying information in any manner unless this is disclosed to me before the information is reproduced or duplicated and you first obtain my written consent to the reproduction or duplication. Failure to comply shall constitute a material breach or violation of the terms herein.
● You will return all records of my identifying information immediately after use or satisfying the purposes for which it was requested. Any of these records or information that are not returned shall be destroyed and a certificate of destruction shall be provided to me at my mailing address below, specifically describing a) the date and time on which the records and information were destroyed and b) the purpose for which each was used and c) the manner in which they were destroyed and d) the name of the individual employee or agent charged with the custody and destruction of these records, with his or he signature, with the statement that “the foregoing is true and correct and I so state under penalty of perjury under the laws of the United States of America”. This certificate must be delivered to me via certified mail within thirty (30) days of the destruction. Failure to do so shall constitute a material breach or violation of the terms herein. Failure to do so shall constitute a violation of these terms and you shall be subject to the penalties and damages resulting therefrom.
and,
● Disclosure of my identifying information in exchange for any benefit or compensation shall only be made with my express written consent and all benefits and compensation shall be disclosed to me at the time you seek my consent and the benefits or compensation are subject to a sharing arrangement in which you pay me some or all of the benefits or compensation obtained in exchange for my identifying information. Disclosure of these term shall be made to the other party to whom disclosure is intended to be made and that party shall become subject to each and every term and provision of this agreement.
Furthermore,
Any of my identifying information, that is within your custody or control, and is accessed or obtained or disclosed to third parties because of a breach in your computer or network security or any unauthorized access of my identifying information is obtained through any breach of your security, shall constitute a material breach or violation of the terms herein.
If you obtain video graphic, audio graphic, telephonic or photographic/still images of me, or cause such images to be obtained, using either your equipment or facilities or those of another, you agree that these images are my private property and you shall assume to become and remain the trustee of these images, and your custody and control of these images shall be governed by the terms and conditions of this agreement. I reserve the right to require that you undertake, or refrain from undertaking, certain actions regarding your custody and control of my identifying information, from time to time. I may send you a written notice with instructions pertaining to what I want you to do with my identifying information. I may send you a lease or license agreement with payment and amended use terms to which you must comply. Failure to comply with such notices and requests shall constitute one or more material breaches or violations of this agreement and you shall be subject to its penalties and damages resulting therefrom.
If you represent or express to me, in any medium, or by any means, that the collection of my identifying information is for my security, or for any security purposes, or for my protection, or training purposes, you shall simultaneously provide me with a copy of your training policy and/or a written list describing what risks you are protecting me from and for what risks you are providing my security, or security in general. Failure to make these disclosures shall constitute a material breach or violation of this agreement, for misrepresentation but not limited thereto, and you shall be subject to the penalties and damages set forth herein.
If you make or express to me information or facts that are false, or for which you have a duty to know the truth or falseness of, this shall constitute a material breach or violation of this agreement.
You shall not interact with me as if I am a suspect in a crime. If you suspect that I am involved in a crime, it is your duty to report such a crime, and it will constitute a material breach or violation of these terms and conditions if you consider me to be a suspect in a crime and fail to advise me of the same and inform the proper authorities immediately upon making this determination. You should not exercise any powers that are reserved and exclusive to the police power of the jurisdiction in which we are interacting with each other, without full disclosure of the same and without immediately informing the appropriate authorities. Failure to comply with this provision shall constitute a material breach or violation of this agreement.
Severability
If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.
This agreement does not constitute a waiver of any rights I had prior to the date of this agreement and is made without prejudice to any of my rights.
Acts or Occurrences of Nature
If any event occurs that results in any kind of breach of this agreement by you, but is the result of an act or occurrence of nature, your failure to fulfill these terms may be exempted or excused from these provisions, provided that you have exercised or undertaken reasonable actions and precautions to prevent such failures. Additionally, you will undertake actions to cure such failures as soon as practicable following any such event or act of nature.
Penalties and Liquidated Damages for Violations
For purposes of this agreement, the approximate value of my identifying information, in whole or in part, is not less than nine hundred ounces of gold (Au), per annum, and depending upon how it is used and what benefits are derived from its use by anyone, it may be worth substantially more. This amount may be calculated on a pro rata or per diem basis, using 365.25 days in one year.
You agree to pay me one ounce of gold (Au) or its equivalent exchange rate in Bitcoin (XBT) per violation of this agreement plus damages, plus the per diem rate.
You agree to pay me damages, in addition to all other damages, in the amount of one ounce of gold (Au) or its equivalent exchange rate in Bitcoin (XBT) per diem for each day you hold my identifying information in violation of this agreement. This provision includes but is not limited to third parties who hold my identifying information after it’s conveyed or disclosed by you in violation of these terms, for as long as the third party holds my identifying information.
Failure to fulfill any or all of your guarantees shall constitute a material breach of this agreement and subject you to the penalties described herein.
You also agree to, immediately and without delay, remit to myself all profits, benefits and gains realized and obtained from the use of my identifying information, to me, as part of the liquidated damages, and measured by the value claimed herein.
Choice of Law
Any disputes or claims arising out of this agreement shall be heard exclusively in the United States District Court located nearest to the location where the incident, acts or conduct giving rise to the claim or dispute occurred.
Notice Requirements
Any notices required or made under the provisions of this agreement shall be by first class mail unless otherwise specified in this agreement. Notices shall precede actions or conditions that are amended, required or requested by a minimum of seventy two (72) hours.
Notice, Notice of Lien
Be advised that I have and do possess the exclusive rights, without lien or encumbrance, to my private property, partially identified herein as “my identifying information”, but not limited thereto, and that there are no other valid claims against my private property anywhere. I have and do retain all rights to copy, use, duplicate and reproduce my identifying information, exclusive of any other individual anywhere.
This agreement constitutes a security agreement and superior lien, and notice of the same, upon and against all property and rights to property identified herein. This agreement also identifies my superior claim upon and against all profits and benefits you have obtained, now or will obtain, from the use of my identifying information.
Be further advised that I may publish and record a “notice of lien” using the UCC-1 Financing Statement Form in the appropriate system of records, but failure to record this notice of lien does not amend or alter the lien rights or license herein.
Fees and Costs
Each party to this agreement shall be responsible for its own, or his own, fees and costs incurred from making any claims under the provisions of this agreement, including attorney fees, taxes and court costs.
Exclusion or “Opt-Out”
You may refuse to agree to these terms by sending a written notice requesting to be excluded from these terms and guaranteeing that none of your employees or agents will accept or continue to use my identifying information in any way, as required herein. This notice must be sent via certified mail to the individual’s postal mailing address who was responsible for noticing you of these terms within thirty (30) days from the date of this agreement.
If any of your employees or agents request and accept my identifying information following the date of this agreement, or following the date of your “opt-out” notice, you will have waived your “opt-out” exclusion and then be subject to the terms and conditions herein, ab initio.
My failure to “opt-out” of any provision of your “privacy policy” or similar policies does not constitute any waiver of my rights to opt-out at any time and to the extent that any such provisions conflict with the provisions of this agreement, this agreement shall control.
Your failure to “opt-out” of this agreement constitutes your express waiver of any and all legal immunities, including but not limited to absolute or qualified immunities because of your status as a government, agency of a government, or office of a government, or by your employment or the exercise of the functions of an elected or appointed public office, or trade or business, within any state of the United States, or within the United States or within any other jurisdiction on Earth.
CERTIFICATE OF SERVICE VIA UNITED STATES MAIL
I do hereby certify that a true and correct copy of the foregoing “Data Retention License Agreement” was duly served upon you, the licensee, on the date appearing within the notice or QR code.
SSN AND THE UNITED STATES PASSPORT
VERSUS THE RIGHT TO TRAVEL
I’ve included an example of how to respond to a request for the disclosure of your social security number for renewing your U.S. Passport. In this case, I’ve never disclosed an SSN for a passport and this is my second renewal. Even if you’ve already used an SSN, you are not required to disclose one, especially in this case, and this letter gives you all of the legal references you will need to do your own research. I am an advocate of abandoning the use of an SSN, we should all do that.
Educated American
P. O. Box XXXXXX
City, State XXXXX
__________________________________________________________________________
_______ Passport Center
[Address]
[Post Office Box]
[City, State, ZIP]
[Date].
RE RIGHT TO TRAVEL CONTINGENT UPON HAVING “MARK OF THE BEAST”
I recently received a request for disclosure of a social security number regarding my passport renewal application, a copy of which is enclosed for your reference. My passport application was completed properly, signed under penalties of perjury, and you did not state otherwise. The law requires it to be processed as I have paid the published tax rate (fee).
I am not required to have or use a social security number as a condition for traveling, no more than you are required to adopt a foreign religion. I cannot be denied my right to travel without due process of law; please see Kent v. Dulles, 357 U.S. 116 (1958).
Denying the renewal of my passport for failing to disclose a social security number is not a matter of national security and does not concern any foreign policy reason. Your request is arbitrary and capricious.
Additionally, you are advised that no law requires any individual to request or have a social security number and that even though one might have such as number, no disclosure is required under 26 CFR Part 301.6109-1(c). I am not an “individual required to furnish such a number” as detailed in the subsequent section (d). Likewise, you are not a “payor” and I am not a “payee” as it pertains to the use of such “identifying number”.
26 USC §7345 requires notice of certification of any unpaid tax liability described under Section 32101 of the Fixing America’s Surface Transportation, or “FAST” Act. Have you received notice of certification of a tax liability pertaining to me? Please provide me with a copy of such notification.
What implementing regulation authorizes you to deny me from obtaining a renewal of my passport, and exercising my right to travel, for not having or disclosing any social security number (mark of the beast)? What agency regulations have been promulgated by the Secretary for your office to impose these conditions upon my right to travel?
Please provide me with a copy of the delegation order from the Secretary that allows you to undertake these actions.
The Secretary is required to provide notification to me of any tax liabilities under 26 USC §7345(d). No such notice has been given.
And as stated previously, the Secretary (or any presidential administration) has never identified or disclosed any national security or foreign policy reasons for denying or refusing to renew my passport.
NOTICE AND ADVISEMENT OF THE LAW
You should further be aware that you have no authority to impose this requirement upon me, as more fully set forth in your own statutes and regulations.
The disclosure request concerns offsets for possible tax liabilities to government agencies, such as the Internal Revenue Service and the pertinent provisions are found under the “FAST” Act, as it pertains ONLY to federal employees of the Surface Transportation Board (STB) as set forth under Title 49 CFR Part 1017 “Debt Collection”. This Act is adopted to regulate federal employees under the Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA) by means of offset. I am not a federal employee and I have never been a federal employee.
There is no provision under the FAST Act that pertains to private individuals, or Americans generally, but it is specific to federal employees, both current and former, who are or were employed by the Surface Transportation Board (STB).
Additionally, the Secretary of the Treasury, nor the Department of State, nor the Secretary of the Department of Transportation, nor any other Secretary of any other government agency, has promulgated any rules that require the disclosure of a social security number as a condition on one’s exercise of his right to travel, or likewise, for the renewal of his passport. Please be advised of Pages 47714 – 47722 of the Federal Register, Vol. 81, No. 141, published Friday, July 22nd 2016. Please also be advised of the Code of Federal Regulations (CFR) Parallel Table of Authorities and Rules and that there are no implementing regulations that empower or authorize any secretary of any office, including yours, to require the disclosure of a social security number as either a condition upon the right to travel or upon the renewal of a United States Passport.
It’s interesting to note that my right to travel is also recognized and protected by international treaties, known informally as the “International Bill of Human Rights”. Please review the enclosed, “Supplemental Memorandum” for your further edification.
Finally, I am a law abiding, tax-paying American, and if you are aware of any new laws that require me to have a social security number and disclose it to anyone as a condition of exercising my right to travel, please cite the law, and the specific provision(s), to me in your response.
Sincerely,
Educated American
Copies to:
Hon. [Congressman] at his/her DC address
and his/her state office address
Hon. [Congressman] at his/her DC address
and his/her state office address
SUPPLEMENTAL MEMORANDUM
In Kent v. Dulles, 357 U.S. 116 (1958), the United States Secretary of State had refused to issue a passport to an American citizen based on the suspicion that the plaintiff was going abroad to promote communism (personal restrictions/national security). Although the Court did not reach the question of constitutionality in this case, the Court, in an opinion by Justice William O. Douglas, held that the federal government may not restrict the right to travel without due process:
The right to travel is a part of the ‘liberty’ of which the citizen cannot be deprived without due process of law under the Fifth Amendment. If that “liberty” is to be regulated, it must be pursuant to the law-making functions of the Congress. . . . . Freedom of movement across frontiers in either direction, and inside frontiers as well, was a part of our heritage. Travel abroad, like travel within the country, . . . may be as close to the heart of the individual as the choice of what he eats, or wears, or reads. Freedom of movement is basic in our scheme of values.
The International Bill of Human Rights is an informal name given to the Universal Declaration of Human Rights (adopted in 1948), the International Covenant on Civil and Political Rights (1966) with its two Optional Protocols, and the International Covenant on Economic, Social and Cultural Rights (1966).
Article 13 of the Universal Declaration of Human Rights reads:
(1) Everyone has the right to freedom of movement and residence within the borders of each State.
(2) Everyone has the right to leave any country, including his own, and to return to his country.
Article 12 of the International Covenant on Civil and Political Rights incorporates this right into treaty law:
(1) Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.
(2) Everyone shall be free to leave any country, including his own.
(3) The above-mentioned rights shall not be subject to any restrictions except those provided by law, are necessary to protect national security, public order (ordre publique), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant.
(4) No one shall be arbitrarily deprived of the right to enter his own country.