<<  <  >  >>

vate companies. Adding e-mail and private

tigate postal offenses and civil matters relat-

boxes to the database certainly would make

ing to the Postal Service." It is by this man-

it a more valuable commodity.

date that the USPS seems to justify the new

regulations to counteract mail fraud. But

those regulations must conform to other

Violating the Right to

provisions governing the Postal Service. The

Privacy

USPS is also required by the privacy rules in

Title 39 of the Code of Federal Regulations to

The Fourth Amendment to the U.S.

Constitution states:

(ii) collect information, to the great-

est extent practicable, directly from

The right of the people to be secure

the subject individual when such

in their persons, houses, papers, and

information may result in adverse

effects, against unreasonable search-

determinations about an individual's

es and seizures, shall not be violated.

rights, benefits or privileges.10

The new CMRA regulations seem to play

The Postal Service itself is not collecting

Postmaster

fast and loose with the privacy and protec-

that information but instead is forcing

General William

tion rules that govern the Postal Service. Title

CMRA operators to carry out the task. The

39 of the Code of Federal Regulations lays out

gathering and dissemination of personal

Henderson asked,

USPS privacy rules. Section 266.4, concern-

information in conjunction with forced use

"What if every

ing the "collection and disclosure of personal

of PMB on all mail most certainly adversely

physical address

information," states that the Postal Service

affects a majority of CMRA box renters.

will

Most CMRA box renters will comply with

in the United

the new identification requirements by sup-

States had an

(i) collect, solicit and maintain only

plying their driver's license and either their

such information about an individ-

passport or Social Security number. The

Internet address?

ual as is relevant and necessary to

Postal Service was, however, very careful in

We would own

accomplish a purpose required by

wording the regulation to avoid any specific

the physical

statute or Executive Order.9

reference to a renter's Social Security num-

ber. Title 39 of the Code of Federal Regulations

address, and

states the privacy rules this way:

The Postal Service's "Privacy Act State-

we would main-

ment," which accompanies the new Form

(4) The Postal Service will not require

1583, says only, "Collection of this informa-

tain it."

individuals to furnish their Social

tion is authorized by 39 U.S. Code 403 and

Security account number or deny a

404." Subsection 403 of that title of the U.S.

right, privilege or benefit because of

Code grants, among other things, the Postal

an individual's refusal to furnish the

Service authority "to maintain an efficient sys-

number unless it must be provided

tem of collection, sorting, and delivery of the

by Federal law.11

mail nationwide." However, the Postal Service

has not made clear why collecting more per-

sonal information is necessary to ensure mail

Although the USPS avoids any reference

delivery to CMRAs. Furthermore, the USPS

to an individual's Social Security number in

has not shown that refusing to deliver to a

the new regulations, it does not discourage

known address because PMB and the box

CMRA operators from accepting a Social

number are not included on a separate line

Security number as one of the two required

helps "delivery of the mail."

forms of "traceable" identification. Further-

Subsection 404 of Title 39 of the U.S. Code

more, in states that record and "computer

grants the Postal Service authority "to inves-

match" driver's license numbers with Social

6