Wednesday, June 1, 2011

How the Patriot Act affects my small business and makes me racist

For almost the past five years, I've been running my little software company.  Sometimes employing people, sometimes sending along work to independent contractors, working to build wealth with software, and feeding my kids and paying my mortgage with the skills that I've acquired.

In short, I'm a small business, and a productive member of the economy of the United States.

I've realized though that there's something terribly wrong.

I'm worried that the government is listening in on my phone calls, reading my emails, and looking into my bank accounts.

Why?

A few weeks back I was contacted by another small business person who wanted a website built for their company.  They found me via my ad on Sortfolio, and they were looking to get the first version of a website built.

Perfect.  It's one of the things I do.

The only thing different about this client from a host of others is that they're based out of the United Arab Emirates.  We do live in a global economy now, and it's wonderful that someone in the UAE can have me, in Chicago, build a website for them.

So what's the problem?

The problem is that according to US law, since I've now been having Skype phone calls with someone outside our borders, and I've been sent money via PayPal, (from the Middle East no less) the government can basically look, listen, and investigate anything they want without any warrant or oversight.

This, of course, is horse shit.

And I bring it up and write about it because everyone seems to think that the Patriot Act is some far off - "doesn't really affect me" kind of thing.  But it's not.  It affects you, your friends, and people you work with.

And maybe your kids.

And the kicker is, that this is happening all while Obama is supposedly trying to "reset" the relationships that Americans have with Arabs.  So essentially, Americans are being told to remember that not everyone from the Middle East is a terrorist, that we have a lot of shared values, etc.

Oh, but if you talk to any of them, we're going listen to your phone calls.  And if you do business with them, we're going to look into your bank accounts.

This is exactly the kind of behavior that is exhibited in abusive relationships.

And so what happens is we start asking ourselves, "do I want to do business with this person because they live in xyz part of the world?" or because their name is unfamiliar, or because they have an accent.

And that behavior; of judging someone before you know them, questioning whether they're safe to do business with for no reason other than their name, or the part of the world they live in, or the color of their skin - that's racist.

And so that's what the Patriot Act really does.  It increases paranoia, makes people afraid, and promotes racism.

The stark reality is that we live in a country where a small business person has to worry about the government listening in on their phone calls, and digging into their finances for doing nothing more than making a website.

Osama Bin Laden may be buried at sea somewhere, but if the American government can listen to my phone calls simply because I made a website for someone.....

Then guess what?

He won.

23 comments:

  1. A point well made.

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  2. http://www.newyorker.com/reporting/2011/05/23/110523fa_fact_mayer

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  3. wow! really well put.

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  4. Shhhh, they're reading right now!

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  5. Yes. Well put. It's all pretty scary once you start thinking about it.

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  6. Well said.

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  7. Big Brother has always been watching you -
    now they're just more explicit and it doesn't matter cause you will have to keep running the treadmill to feed yourself and the kids.

    The US of today is a war economy that needs enemies to strive - and if it can't find them, it will create them.

    :)

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  8. You nailed the essence of the problem with that act

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  9. Great post. I see your point that it's not ideal to have the government listening into phone calls and emails. Not at all. However, I, too, am a small business owner and, as it happens, just hired on two "Idea Expert" freelancers from Dubai just this past week (your post is quite timely for me). I am certain this will mean the light of the government will now shine on me. But I don't care. If even one terrorist is stopped because of these methods, then I'm ok with it.

    Best,
    Will Burns
    Founder, Ideasicle

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  10. When Obama ran for president, he said he was going to do away with the patriot act. Another of his lies.

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  11. Well said. While applauding the lifting of emergency powers laws in Egypt and elsewhere, the US has just extended the PATRIOT Act for another four years without introducing reforms. And as you describe so well, it affects everybody in the US trying to run a business with international customers or a web site with international users.

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  12. I always thought that it was obvious that the main objective of the Patriot Act (and other stuff) was to increase paranoia. Being a bit paranoid is a good thing, in general, but it's my opinion as an outsider (not an American, just a Mexican student who loves international politics) that stuff like that was an overreaction after 9/11 and other terrorist threats.

    I could well be missing part of the picture, though. But it seems that, at least on the Internet, people are not fan of that Act.

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  13. "Then guess what?

    He won."

    Then guess what?

    The Government won because the Goal is to control the crowd.

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  14. I get your point, but there is an obvious benefit to some of the surveillance. So, where is a useful middle ground?

    Would it be reasonable for the government to provide a website where you registered your intention to do business in a a country from some watch list (assuming that the UAE would ever be on such a list)? Maybe they could provide you some feedback about their track record paying vendors and tell you if this is a company for which the state department would prefer you not engage with. If you choose to engage with such a company, well, then the Patriot act would be enacted as is (after all, you were warned). However, for the other companies, this might give the government enough information about ongoing transactions to support their intelligence efforts without having to do a complete investigation of you and your business.

    Frankly, I haven't thought about this much (I'm sure it shows), but it seems to me that it is up to us (citizens) to propose a workable middle ground solution. If only we knew what the government needed :)

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  15. @Will Burns,

    No terrorists will be stopped because the government looked at your corporate account.

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  16. Simon Hibbs6/1/11, 4:25 PM

    On the other hand, just think how much safer you Americans are, thanks to your wonderful Patriot Act and Department of Homeland Security, than us Europeans that don't have them to protect us. Every time I go through Heathrow I wonder how much safer I would be if we were all patted down by TSA agents or put through radioactive body scanners. Envy is a terrible thing!*

    Simon Hibbs

    * It's risky posting a comment like this because it could be so easily taken in a way that wasn't intended. I have huge respect for America as a nation and the many friends I have there.

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  17. I look at it this way - I believe in restricting the export of technology and information to nations abiding by the guidelines of the US Government. In a world of open communications if those rules are to be enforced then the communications need to be regulated even if regulated means monitored by big brother. If they are then what's to stop someone coming here from another country and setting up a shell company to do nothing but export everything that is prohibited? For all you know you or the government knows you are creating a social network for terrorists. For this reason, I only do business within US borders, and even then only with those whose reputations (and history of paying bills) can be verified.

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  18. You of course are right on. Those that would give up their freedom for safety deserve neither. Did you happen to notice the fight Rand Paul led to try to stop the extension? He really pissed off a bunch of people on both sides and forced some really good votes.

    BTW, congrats on all the comment's. It's really inspiring to see your blog grow.

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  19. 9/11 was an Operation Northwoods 2.0!

    This is why I left the country!

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  20. This is what Obama really said. He never promised to do away with the Patriot Act. http://bit.ly/jCIdzp

    BTW, Andrew Wicklander is right.

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  21. Gosh, I thought Obama and the Democrats were supposed to stop all of this stuff? No more Patriot Act, no more Guantanamo Bay prison, no more wars. But a Democrat Congress reauthorized the Patriot Act. We're still in Iraq and Afghanistan. And now we're bombing Libya! And in violation of the War Powers Act, too. I guess this President has just as casual a relationship with the Constitution as the last one did!

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  22. Article still didnt point out how this effected or hurt their small business or family. All they really did was do their job and follow a lead, however poor and racially profiling as it is. If they stole your business idea, thats one thing. They simply looked into unusual behavior. If you have something to hide then be wary and if not then what difference does it make what they listen to? Are you discussing the health of your colon or you and your wife's sex life with your client in UAE? No, probably not. In all likelihood your talking logistics of building your website and within probably the first few minutes whoever is tuning in to your boring life will tune out and move on with their day.

    Of course there's the schmuck who uses this information the wrong way and yes it does violate privacy that we are "entitled to" but guess what the same way we have an eye and an ear on the government with such things as wiki leaks due to technology and they have the patriot act.

    If you were doing your job in every day law enforcement and you wanted to do the best job you could you'd want to focus on the people most likely to commit a crime. Leave your racism claims out for just one second and think about someone trying to keep people safe, in the most honest and genuine way possible. When you see someone that by statistics has an entirely greater chance of committing a crime or terrorism you look for those people. If they are inconvenienced or there privacy is breached for a few minutes what's it to them? Probably a little anger, then probably some feeling bad but if you don't hop on the blues train of those who want to cry out racism and step outside the box. As long as you weren't violated, hurt, or something legitimately wrong happened then you should be able to move past it and understand the situation. People of your background, no matter how different from the perpetrators you may be, are more likely to commit the crime their investigating you for then the person next to you.

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  23. "People of your background....." Talk about the prejudices coming out. Dude, i'm a white midwesterner living in Chicago.

    And no, nothing "negative" has happened to me. My point in the article is that American's having to worry about the government listening in on their conversations is fundamentally wrong.

    This isn't a question of law enforcement - it's a question of policy.

    Comments closed hereafter.

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