mothballed
today at 10:09 PM
There wouldn't be any identity linked for an anonymous bank account to 'access', were it not for the warrantless search of your papers required under KYC but done via private entity (sidestepping 4th amendment) to open an account. That part is done without even a subpoena.
That is, the US banking laws force private actors, under color of law, to systematically inspect the papers of those opening an account, which conveniently sidesteps the 4th amendment implication of the government searching the papers themselves at everyone opening an account at the bank. And then allows the government to act on the information of that forced search, even without a warrant.
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I'm referring to this:
>The government cannot have a third party take action on its behalf to do something that would be illegal for the government to do itself.
It is illegal for the government to violate the 4th amendment, whether or not a 'law' beyond what is written in the constitution is present.
Clearly the government would love to just take all your information directly when you open an account, as that would be even better for them, but due to the 4th amendment they can't do that. But just asking or without a warrant requiring the bank to act on it or reveal it is almost as easy, so they just sidestep that by just requiring via the law the bank to search your papers instead. It's effectively a government imposed search but carried out by a 3rd party.
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>This is just factually wrong. The Bank Secrecy Act specifically requires that banks to provide this info. The 4th amendment does not prohibit this. If a bank refused to provide this required information, the government would go in and get that information directly.
>Again, no law is being avoided. You just don't like the
This is not 'just factually wrong.' The bank is doing the search instead of the government. A blanket search of everyone, even without a subpeona, even without an individualized notice, even without any sort of event that would require reporting to the government under the BSA, even then they still are required to search the information even in the instances that it doesn't end up being required to be transmitted to the government.
Manuel_D
today at 10:31 PM
> Clearly the government would love to just take all your information directly when you open an account, as that would be even better for them, but due to the 4th amendment they can't do that
This is just factually wrong. The Bank Secrecy Act specifically requires that banks to provide this info. The 4th amendment does not prohibit this. If a bank refused to provide this required information, the government would go in and get that information directly.
Again, no law is being avoided. You just don't like the law.
Manuel_D
today at 10:18 PM
Right, but the point is, no law is being avoided. The comment I responded to wrote:
> Always easier when you can avoid the law and just buy it off the shelf. (Emphasis mine)
No law is being avoided, neither in your banking example nor in the situation with Clearview. To be sure, people can have whatever opinion on the law that they want. But I do want to make it clear the the government is not "avoiding" any law here.