Power Line and Byron York are reporting the Office of the President is not subject to the Privacy Act. Some readers disagree, but if they are right, it gets even better. From Byron York: Obama’s dissident database could be secret — and permanent:

In a letter to Obama Tuesday, Republican Sen. John Cornyn wrote that, given Phillips’ request, “it is inevitable that the names, email address, IP addresses, and private speech of U.S. citizens will be reported to the White House.” Cornyn warned the president that “these actions taken by your White House staff raise the specter of a data collection program.”

“I can only imagine the level of justifiable outrage had your predecessor asked Americans to forward emails critical of his policies to the White House,” Cornyn continued. “I urge you to cease this program immediately.”

Senate Judiciary Committee lawyers studying the proposal say that although there is no absolutely settled law on the matter, the White House plan is likely not covered by the Privacy Act, which prohibits government agencies from keeping any records “describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained.” Therefore, it appears the White House can legally keep records of the emails and other communications it receives in response to Phillips’ request.

Those lawyers also point out that the White House is not covered by the Freedom of Information Act, which means it would not have to release any information on the plan to members of the public who make a request.

In addition, the lawyers say the collected emails likely will be covered by the Presidential Records Act, which requires the White House to preserve and maintain its records for permanent storage in a government database. …

if “fishy” information is indeed collected, as Phillips’ request suggested, the laws involved mean that the information obtained by the White House could not only be secret but permanent. A dissident database, in whatever precise form it ultimately takes, could be around for a long time to come.

The American Center for Law and Justice is monitoring the case. Hopefully, I will hear something from them today:

A very troubling development in Washington – a new attack on the free speech of Americans from the Obama Administration.

Yesterday, Senator John Cornyn (R-TX) wrote to President Obama expressing his concerns about a recent post on the White House blog written by Macon Phillips, the White House Director of New Media.

In his post, Phillips notes “[t]here is a lot of disinformation about health insurance reform out there” both on the web and floating around in chain emails. Phillips states that “[s]ince we can’t keep track of all of them here at the White House, we’re asking for your help. If you get an email or see something on the web about health insurance reform that seems fishy, send it to flag@whitehouse.gov.”

In a nutshell, the White House is asking you to report on your neighbors, family, and friends who disagree with the President’s policy choices on health care. The White House is also implying that you should think twice before sending an email disagreeing with the President, since it might end up being forwarded to them. The White House email address says it all – let’s “flag” those who disagree with us. For what purpose are these individuals being flagged?

In his letter, Senator Cornyn rightly seeks assurances from President Obama that this new reporting program will be “carried out in a manner consistent with the First Amendment and America’s tradition of free speech and public discourse.” He poses several questions, including, “[h]ow do you intend to use the names, email addresses, IP addresses, and identities of citizens who are reported to have engaged in ‘fishy’ speech” and “[w]hat action do you intend to take against citizens who have been reported for engaging in ‘fishy’ speech.”

The First Amendment states, in part, that “Congress shall make no law . . . abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble.” Our Founding Fathers fought and died for the right to speak openly and freely about the government.

__________
Original Post:

It’s a curious question. Here is what I have found so far (emphasis mine):

The Privacy Act of 1974 (5 U.S.C.A. 552a) is a federal law that places restrictions on the federal government’s collection, use, and dissemination of personal information. As with most comprehensive federal statutes, the act provides general and specific exemptions as well as an administrative appeals process.

The genesis of the Privacy Act can be traced back to 1965, when a congressional subcommittee examined privacy issues. Between 1965 and 1974, other congressional committees held hearings and issued reports on how individual privacy rights were affected by the growth of national data banks and the emergence of electronic data collection and storage. An important catalyst for the legislation was a Department of Health, Education, and Welfare report on government records and computers. The report proposed a “Code of Fair Information Practices” to be followed by all federal agencies and urged the adoption of five core principles: (1) the government should not maintain any secret records; (2) individuals must be able to see what personal information about them is stored and how it is used; (3) individuals must provide prior written consent before personal information collected for one purpose can be used for a different purpose; (4) individuals must be allowed to fix or clarify personal information about them; and (5) organizations that store or use personal data must be responsible for the information’s veracity and must attempt to prevent its misuse.

Congress incorporated these principles into the Privacy Act, which applies to the EXECUTIVE BRANCH of the federal government. The executive branch encompasses administrative agencies, government corporations, and government-controlled corporations. The act does not apply to records kept by state and local governments or by private companies or organizations. Only U.S. citizens and lawfully admitted ALIENS are given rights under the act. Accordingly, nonresident foreign nationals may not invoke the provisions of the act.

Generally, the only materials that are subject to the act are those that are maintained in a system of records. The act defines “records” to include most personal information kept by an agency about an individual. A record contains individually identifiable information, such as data on a person’s education, medical history, criminal history, employment history, or financial transactions. A “system of records” is a group of records from which information can be retrieved by name, SOCIAL SECURITY number, or any other identifying symbol linked to an individual. Most personal information that is kept in federal government files is subject to the Privacy Act. Therefore, the government may not, for example, share medical-history information from a MEDICARE recipient with another government agency without first obtaining the individual’s written consent.

It is unclear to me whether, with regards to the Privacy Act, the Executive Branch includes the Office of the President as exempt. This link implies the answer is the Act does not apply to the Office of the President, but it is clear the statements are only an opinion:

The Privacy Act does not apply to the White House Office, which is also known as the Office of the President.

September 8, 2000

STATEMENT BEFORE THE
SUBCOMMITTEE ON CRIMINAL JUSTICE, DRUG POLICY
AND HUMAN RESOURCES
COMMITTEE ON GOVERNMENT REFORM
UNITED STATES HOUSE OF REPRESENTATIVES

Good morning, Mr. Chairman and Members of the Subcommittee. I am pleased to be here today to testify regarding the Department’s longstanding position that the Privacy Act of 1974 (“Privacy Act”), 5 U.S.C. § 552a (1994 & Supp. IV 1998), does not apply to the White House Office…

However, the site in question which asks for private information of U.S. citizens who, as the author states, promote “disinformation” regarding health care reform, is a whitehouse.gov site. The author is one Macon Phillips. In which office is Mr. Phillips employed? Assume for a moment the President of the United States authorized such a gathering of information and the holder of that office is exempt from the Privacy Act. If ultimately an agency of the Executive Branch is involved, is seems likely that agency would be in violation of the referenced Privacy Act. Is the Health Czar involved? Is the Health Czar a member of the Office of the President? I’m not even sure what a Health Czar is. As Michelle Malkin points out, there are over 43 (or is it 44 – I lost count) czars in the White House. Which branch of government has oversight of these czars? To whom are they accountable? What about the White House Health Reform Office? Is the later to be equated with the Office of the President?

I am not a lawyer, nor am I a constitutional scholar, but something does seem a bit fishy here. Putting aside the sheer audacity of this data collection, I am left wondering if somebody, somewhere is not in violation of the Privacy Act. I am also left wondering if the POTUS himself is not in violation. Remember, the above statement that he is not is only an opinion. And we all know that famous statement about opinions.

Food for thought.

For additional background see here, here, and here.

Also:

Cornyn Attacks Obama Scheme To “Flag” Dissenters.

Quinnipiac poll: 39% of Americans need to inform on 52%

Obey-mian Representative Democracy

Where is the left’s outrage now?

Sound of crickets.

Obama is now asking citizens to spy on citizens (emphasis mine):

There is a lot of disinformation about health insurance reform out there, spanning from control of personal finances to end of life care. These rumors often travel just below the surface via chain emails or through casual conversation. Since we can’t keep track of all of them here at the White House, we’re asking for your help. If you get an email or see something on the web about health insurance reform that seems fishy, send it to flag@whitehouse.gov.

Let that sink in – Obama is authorizing the spying of citizen against citizen.

In the least, such a request is disingenuous. It may border on an abuse of power. If tax payer dollars are being used it is beyond the pale.

Recall when Bush authorized NSA wiretaps to intercept the international communications of people with known links to al Qaeda and related terrorist organizations? Recall how ballistic the left went?

The juxtaposition is amazing to behold. President Bush authorizes spying on terrorists plotting to kill Americans – people like you and me, our parents, grandparents, children, and siblings. Obama is authorizing spying on citizens who spread the truth about health care reform – what he calls disinformation. He is authorizing spying on those who disagree with him and his tactics. Warning sirens scream at top decibel upon reading the draconian words “through casual conversation”. At what point do we stand up and say, “enough is enough”?

As conservatives, we can walk and chew gum at the same time. This issue is such an abuse of power that, alongside protesting health care reform, it is our duty as citizens and bloggers to ensure this perversion of federal power reaches every nook and cranny of America; that it become household knowledge. Let’s help Obama burn through his political capital faster than he is burning a hole in our wallets.

Nobody wants their government spying on them. Even liberals should find themselves shocked at such arrogance and corruption of the power of the federal government. Remember, one day there will be a Republican in the White House again. This is something all of us should stand firmly against.

Get the message out. Use every tool at your disposal. Remember, with ObamaCare, at some point in the future your life will, literally, be in hands of some bureaucrat. You may even have a parent whose life will hang in the balance with passage of the current legislation. It is your duty to ensure that as many people know about Obama’s Orwellian corrupt abuse of power.

The actions Obama is taking should so outrage the public that national scrutiny has the potential to sink his presidency – and it should. These types of tactics may be acceptable in Venezuela, China, and Russia. Spying on your citizens in this country – no way.

Just imagine the grand mal seizures on the left side of the aisle had Bush tried this.

Vodka, comrade?

Here are a few things you could do:

• Given the update above that the White House may not be subject to the Privacy Act of 1974, it is imperative you contact the RNC – melt the phones (202.863.8500). I talked with them today and was told something was in the works for this month. Put the pressure on to get a nationwide commercial that will inform the American population of this abuse of power. Donate if you can. Insist they run the commercial as often as possible starting as soon as possible – August is crucial, it must be done in August. We are a “don’t tread on me” bunch and if this information goes viral, look for Obama to lose all his political capital and health care reform to be DOA come September. I don’t think even the mainstream media will be able to ignore this. If a case does exist, look for lawsuits in the future. Contact your Senators and Representatives and tell them pass a law that prohibits the collection of such data and requires the destruction of the current data. Make them go on the record as supporting spying on American citizens or protecting our rights. The RNC add should ask the viewers to do the same. Any Congressional member against such action can be targeted by opponents in primary elections. Believe me, most of them will act and act accordingly.
• Use the “Share This” button at the bottom of this post to email this story to all your friends. Ask them to forward it on.
• The Share This button can also be used for social networks.
• Just copy the URL above in the address bar and email it. Again, ask that it be forwarded.
• Same as the first two items, but if you don’t like my wording, link to the White House spy page and describe your own thoughts on the matter in the email. Send it and ask it to be forwarded. Feel free to just copy some of my post and add your own thoughts. You don’t have to link back to this site. Find another site that also talks about this issue. I am really impressed with a post by the American Thinker titled Citizen Informants.
• Call your favorite talk show and make the comparison between Bush and Obama. While Bush was spying on terrorists, Obama is spying on the American public, he is spying on us. Express your concern regarding this matter.
• If you run a blog – blog about it. If you are a lawyer or scholar you may have additional insights to share.
• Email and call your Senators and Representatives. Point out the hypocrisy of how Bush was treated vs. Obama. Ensure they understand that what Obama is doing is unacceptable by any sane standards of what it means to be an American.

P.S. I am still waiting for any news from the American Center for Liberty and Justice (ACLJ) – the good twin to the evil ACLU.

In other news and opinion:

Cornyn to Obama: Disband the Internet Snitch Brigade. The Anchoress chimes in.

Don’t forget about Operation Go Flag Yourself.

Well, well: Dems revoke gag order on GOP health care chart

Culture of corruption: Hill edition

Iran: 3 Americans could be tried for espionage

Democrats accuse GOP of inciting mobs. Looks like the CNN Political Ticker is shutting out the truth. Neither of my two comments has appeared. One of them linked to this story and the other to Michelle Malkin’s exposure of liberal hypocrisy concerning unruly mobs. The timestamp on both of my comments is well within the range of existing comments. Hmm, sounds fishy. I think I need to email the White House.

Want to know what mob rule really looks like?

DU Thread of The Day: What Birthers Really Want To Say Outloud.

DNC: Resistance to ObamaCare is futile

Dear White House: Look who’s funded by the health care industry

“Coordinated mobs”? Think again

For The Fatherland

Update: Bush Vs. Obama – Wiretapping Terrorists vs. Spying on Citizens. Obama and the abuse of power.

Well, that did not last long. Right when the Obama Serfs were out trying to discredit Drudge after Matt released a tape where Obama admits right on camera that his fairy dust wish is a single payer system – also known as socialized medicine or the die, grandma, die bill – the argument from the Chosen One’s apologists centered around an accusation that Matt Drudge cut the video up so that Obama was taken out of context.

Well, Matt now points to the unedited version of that tape on Breitbart TV, which means Obama and his Ministry of Propaganda are left with one option: hoping we are too busy clinging to our guns and religion to notice the liars and thieves amongst us.

Hope and change? More like hopeless and clueless.

More from The Boss: Coming next: A texting czar? and Obama lied, transparency died, Pt. 10,001: No Cash for Clunkers disclosure.

It really amazes me that some people still think our Dear Leader is anything but a front-man and cheerleader for socialism. The only good thing about ObamaCare – I’ll probably live long enough to see its current supporters cry and whine as they experience first-hand the horror of what they have done as their parents, grandparents, and children suffer under this draconian system. It will be worth suffering right along with them and looking into their hopeless and confused eyes and laughing my way to the deep sleep.

Here’s a doozy: Obama is now spying on U.S. citizens. Don’t mind those terrorists, let’s waste time spying on those who disagree with us because, as the White House site states, “Facts are stubborn things”. That right Obambi, your job would be a lot easier if you could just rid yourself of those inconvenient truths. Come to think of it, how do you know the facts if you admitted to not reading the bill? Wow, you graduated from where again?

Bring. It. On.

I’m looking into the legality of this and will be talking with my lawyer friends. If this is a violation of my rights or an over-reach of the federal government, then for the first time in my life I will take up the mantle and sue the pants off anyone involved.

Now I’m really mad. Try bringing Chicago down here to Texas and see where it gets you Obama. That’s right, I just challenged you, Rahm, and your idiot health czar to a showdown at high noon.

Here is the referenced page. I have saved a copy in the event it is taken down or changed.

Is this meant to scare us? If so, your proclivity for miscalculation is reaching legendary levels. I am quite the opposite of scared – more like mad as hell.

A great suggestion from one of Michelle Malkin’s readers:

Danceswithdachshunds said:

Start the chain email machines!

Dear Citizen,

If you see something about Obama’s plan to socialize US healthcare and think there is something ‘fishy’ about it – let him know! Write to flag@whitehouse.gov and tell them what you do not like.

Pass it on!

(And don’t forget, every single person in Congress who doesn’t want to vote for HR 615 should be voted OUT of office. If Obama’s health care plan isn’t good enough for them – THEN THEY ARE NOT GOOD ENOUGH FOR US!)

UPDATE: I just talked with the American Center for Law and Justice (ACLJ) and they are looking into this as we speak.