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marketing groups), consumers, and law en-

costs to freedom. A November 1998 inspec-

forcement officials.

tor general's report found that between

Thus, 8,097 of the total 8,107 comments

October 1997 and September 1998 there

received by the Postal Service opposed the

were 9,642 convictions for mail-related

crimes.4 Of those convictions, the largest

regulatory revisions. At a ratio of more than

800 to 1, one wonders exactly what kind of

number, 3,874, or 40.2 percent, was for mail

groundswell of public opinion it would take

theft by non­Postal Service employees of a

to deter the USPS from enacting whatever

business--for example, theft from home

regulations it chooses.

mailboxes. The next-largest number, 1,672,

The largest CMRA franchiser, Mail Boxes

or 17.3 percent, was for sending illegal sub-

Etc., is in a delicate position with respect to

stances, mainly drugs, through the mail.

the new regulations. It has expressed con-

Some 1,533 cases, or 15.9 percent, involved

cerns about the new information-gathering

mail fraud. The inspector general did not

requirements. However, it is also in partner-

report how many of those cases involved the

ship with the Postal Service. Specifically, the

use of private CMRA boxes as opposed to

USPS allowed Mail Boxes Etc. to offer its ser-

home and office boxes or P.O. boxes. It would

vices in a number of USPS locations nation-

be useful for the Postal Service to specify how

ally where the quality of Postal Service had

many of those fraud cases involved private

been low. Mail Boxes Etc. has done an excel-

boxes. The costs of new regulations could

lent job of improving service. That enterprise

then be weighed against any expected bene-

now has an incentive not to be too critical of

fits.

the Postal Service lest that criticism destroy

A second argument used by the Postal

the possibility of a future expansion of the

Service to justify its new regulations is that

current arrangement.

they bring the CMRAs in line with the regu-

lations governing P.O. boxes. However, the

October 1998 registration requirements are

Questionable Excuses

only for "new and renewed" P.O. box holders.

It seems the Postal Service is grandfathering

all current P.O. box holders, who have not

The Postal Service's arguments in favor of

been required to turn over additional person-

the new regulations are suspect. A first argu-

al information. Moreover, local postmasters

ment is that the USPS offers neither evidence

have been using up the old registration forms

that mail fraud using private boxes has

before giving even new applicants the

increased nor insight into the possible mag-

changed forms that request additional infor-

nitude of the problem. Those issues are espe-

The proposal to

mation. There could also be a problem of

cially important in light of the Government

match Internet

selective enforcement, with different post

Performance and Results Act of 1993, which

with physical

offices handling new applicants in dissimilar

requires that government agencies define

manners.

explicitly what their goals are, what strategies

addresses sug-

In addition, although stricter than before,

they use to reach those goals, and what evi-

gests a new goal

the new regulations governing P.O. box

dence they have that their approach is work-

of the Postal

applicants are still not as onerous as the new

ing. The Postal Service and most government

regulations governing private box holders.

agencies will have to submit their first full

Service--mail

Thus, it is private box holders who are subject

reports for fiscal year 2000 to Congress for

delivery to a

to stricter information requirements, not

evaluation. The spirit, if not the letter, of this

holders of government P.O. boxes. That prac-

law requires agencies to justify in some detail

person, not

tice appears to fly in the face of Title 39 of the

why they are taking certain actions.

an address.

U.S. Code, which states that the USPS shall

Although mail fraud is indeed a problem,

not "make any undue or unreasonable dis-

any USPS actions to prevent it must be

crimination among users of the mails, nor

weighed against the monetary costs and the

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