Sunday, July 03, 2005

Specific to Private Investigators:

It is crunch time for our profession.


S. 1332, The Personal Data Privacy and Security Act of 2005 will be heard and discussed in Washington before the next Senate Judiciary Committee meeting on Thursday July 14th, the same day as our NCISS Hit the Hill campaign. Right now there is no exemption for PIs to access SSNs. In additional there are several other bills that are threats. Even though the Judiciary committee members will likely not be available in the morning of July 15th, possibly they will in the afternoon. But there are all the other members of Congress that will vote on the final bill and we need to educate them as to why we need access.

WE NEED YOU TO COME TO WASHINGTON DC for our Hit the Hill campaign to meet with members of Congress or their legislative staff. It is fairly easy to set up appointment. We will also give you a half hour primer from our lobbyist in the morning when we all meet and will provide you handouts. July 14th is the date, if you have some frequent flyer miles, use them and stay over in Washington one night and it will not be that much out of your pocket and an investment in your future.

It is sad really that each year we have the same people doing the work, we call them the "dirty thirty". Typically we may have 30-40 people show up when there are 50,000 investigators in the U.S.

Now that there is going to be a vacancy on the U.S. Supreme Court you will hear a lot of political rhetoric from members of the Senate Committee on the Judiciary as well as from other members of Congress. But remember, they still have S. 1332 awaiting their votes and if we are not there to let them know of our concern this piece of legislation or one equally as bad will be pushed through.

When a bill is passed in the next few months with or without language that protects our access, it is going to have a lot to do with how many in the profession cared enough to get really involved in this fight. Forget about Choicepoint and the data providers right now, the real issue is threatening legislation. Are you going to sit back and let it happen?

Many say they are too busy...I am busy also running an agency with clients built up over twenty years and I may lose money but I like to fight for the tools of my trade. Hopefully many of you do also and will show up in D.C. too.

Please go to our website http://www.blogger.com/ and look on the right side for the link for more information under "NCISS Identity Theft Seminar". You are welcome to attend the all day seminar on Friday July 15th for free. Police are often reluctant to take on identity theft cases because of jurisdictional issues; we are trying to educate politicians in Washington DC that often private investigators are called upon by victims to investigate identity theft and we therefore must have access to personal identifiers.

I'd be happy to discuss (email preferably to BPM1@Bellsouth.net ) with anyone who is thinking of going but feels uneasy about speaking to Congressional staff or feels they don't know enough about the issue. You know the issue which is how you use personal identifiers like SSNs everyday to assist you in investigations. I can assure you it in not difficult and most of the time you are speaking with a young staffer who relays the info to his/her boss. Typically you visit an office for less than 15 minutes but that visit can be crucial.

WE NEED NUMBERS IN WASHINGTON TO SWAY MEMBERS OF CONGRESS.

It's time to get involved or be left behind.


Brian P. McGuinness, President
NCISS - National Council of Investigation and Security Services

P.S. If you can not come to Washington won't you please help us continue our fight ? We will need more funds in our Legislative Committee war chest. Checks may be made payable to NCISS Legislative Fund and mailed to NCISS at 7501 Sparrows Point Blvd., Baltimore, MD 21219.




THANK YOU FOR YOUR SUPPORT OF NCISS


Brian's correct, everyone. We owe it to our valued clients to be able to conduct their investigations on the very same levels as are currently used by Law Enforcement Professionals and other branches of government. Public Records aside, access to personal data is something no investigative arm can do without. Say, for example, we are to be appointed to either the criminal or civil defense of someone, we cannot, and will not, be able to adequately investigate the allegations of the government, or adversarial parties, if we aren't allowed an exemption to the rules that are being proposed by S1332.

In the past, it was Senators Diane Feinstein, and Richard Shelby, who addressed the issue of "identity theft," and the sale of Social Security Numbers, but we managed to convince them that the "unintended consequences" of their proposed legislation, would be devastating to their constituents, through the diminished ability to learn and deal with the truth, and to have truth available to them, as the work-product of a professional investigative effort, if the need should arise to go into the justice system. We also convinced those same Senators, and their contributors among the Trial Attorneys, that locating witnesses would become more expensive, ten-fold. Now we have to re-fight the same issues, because companies like Lexis/Nexus, ChoicePoint and KnowX had tremendous breaches to their security, and lost vast amounts of personal information associated with millions of Americans.

Although some of us have used ChoicePoint and KnowX, among others, like Lexis/Nexus and FindLaw, we have never abused those privileges, and still find ourselves lumped in, with other third-party users, like check-cashing companies, pawn shops, and used car dealers. We need to wake the common sense oriented, among these Senators, and have similar amendments added to S1332, just as we did with the Driver's Privacy Protection Law, and the Fair Credit Reporting Act. Fire up your fax machines and send your personalized letter to BOTH of your senators. For those licensed in multiple states, like Evidence, Inc., send them to all appropriate Senators representing your client lists.

God Bless,
Dan'L

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