| Privacy, Document Security, and Control Act of 2012 | |
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| Tweet Topic Started: Sep 29 2012, 07:14 PM (45 Views) | |
| DesertFalcon | Sep 29 2012, 07:14 PM Post #1 |
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Dear Members of the T&I Committee; Here is a first draft of a Privacy, Document Security and Control Act for your consideration. Please read over this document and add your comments or suggestions by replying to this message. I will then add your suggestion in RED for consideration by the entire committee. I will save the modified versions as we progress If, we continue the process in this manner will be able to see the evolution of the document through the different versions. Let me know what you think. Mark RCHR 1 Republic for the United States of America First Interim Congress 1st Session In the House of Representatives October 1, 2012 Rep. Mark Gardner and the Transportation and Infrastructure Subcommittee introduced the following act; referred to Congress for consideration Co-Sponsors: AN ACT RCHR 1 Enactment Clause: The People of the Republic of the United States of America, represented in Senate and Assembly, do enact as follows; Republic Privacy, Document Security and Control Act of 2012 Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Preamble: Whereas, the People of the Republic of the United States of America have God given Rights, to be secure in their everyday affairs, and where the Government is restricted by Constitutional limitations, as prescribed in the Constitution for the United States of America (1787 -1791), we hereby, by lawful order, limit the power of Government to interfere with the Privacy and Security of the People's affairs. The Republic Privacy, Document Security and Control Act of 2012 authorizes and establishes a uniform procedure for the following operations of the Republic of the United States of America: Definitions: For the purposes of this act: Person – (means) A human being considered with respect to the living body or corporeal existence only. (Websters 1828 Definition #3) Individual – (means) House(s) – (means) A building(s) or ediface(s) for the habitation of man. Effect(s) – (means) Are goods, movables, and personal estate(s). Papers – (means) An written instrument whether note, receipt, bill, invoice, bond, memorial, deed, and the like. A promisory note or notes, or bill of exchange as negotiable paper. Search(es) – (means) To look over, or through, for the purpose of finding something. To explore. A seeking or looking of something that is lost in a place that is unknown. Pursuit for finding. Seizures – (means) The act of taking possession by force (eg;as a seizure of lands or goods). Property – (means) An estate whether in land, goods, or money. Probable Cause - (means) Personal Property – (means) Personal - Property - Domicile – (means) A place of permenant residentance Residentance – (means) The place of abode a dwelling a habitation Agency - (means) The office of an agent, or factor; business of an agent entrusted with the concerns of another; as, the principal pays the charges of agency. Oath – (means) Two or more people Backup - (means) Record(s) - (means) 1. A register; an authentic or official copy(s) of any writing(s), or account(s) of any facts and proceedings, entered in a book for preservation; or the book(s) containing such copy(s) or account(s); as the records of statutes or of judicial courts; the records of a town or parish. Records are properly the registers of official transactions, made by officers appointed for the purpose, or by the officer(s) whose proceedings are directed by law to be recorded. 2. Authentic memorial; as the records of past ages. 3. Court of record, is a court whose acts and judicial proceedings are enrolled on parchment or in books for a perpetual memorial; and their records are the highest evidence of facts, and their truth cannot be called in question. 4. Debt of record, is a debt which appears to be due by the evidence of a court of record, as upon a judgment or a recognizance. 5. Trial by record, is where a matter of record is pleaded and the opposite party pleads that there is no such record. In this case, the trial is by inspection of the record itself, no other evidence being admissible. Records include, any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph, or video representation. Security – (means) Maintain – (means) includes maintain, collect, use or disseminate; System of Records - (means) a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual; Section 1: Privacy Protection Privacy Protection includes the following: Documents, of any kind Papers, of any kind Recordings, of any kind Video Recordings in general Traffic Cameras Internet Activity Digital Records Emails Digital Conversations, (VOIP etc.) Privacy in General Telecommunications Privacy and Protection of Travel data (GPS, Other Digital Tracking methods) Whereas a system of documentation is needed for “Republic Operations,” this act authorizes, under strict limitation, the recording, storing and verification of Executive, Legislative, and Judicial Branch government records, necessary to ensure compliance with the laws, as established by the Congress of Republic of the United States of America . Whereas, the People have a “Right, and Duty” to monitor their government; This act shall ensure the People unrestricted access to all current and historical documentation related to all government activities; except those documents that are proven, beyond resonable doubt to be of National Security interest to the Republic of the United States of America. Privacy Standards: A. The Republic of the United States of America shall ensure that all Executive Branch government records are available for public inspection, upon request, during normal business hours. Government records include any written document, email, electronic communication, fax, or other record of activity that was generated while acting as a servant of the People. The record will reflect the issuer's official government office, title or capacity. B. The Republic of the United States of America, Executive Branch, shall establish internal procedures that will ensure a high standard of security and control for all government records and information, of any kind, and to protect all excluded government records and information as specified in this act from unauthorized access. C.The Republic of the United States of America, Executive Branch, shall establish standards and procedures to ensure that no single individual may change, remove, delete or destroy any of the records held by the Republic General Government, without the written verification of at least one supervisory level official of their governmental department and, to also provide for an audit trail containing the identification of both the individual and, supervisor involved, the record involved, and the reason for the action. D. A permenant backup record shall be kept of all record activity, ever made, for historical record. (The removal of the record as exampled herein is only the surface record, the underlying record shall always be available, if needed.) E. An annual security audit shall be conducted by an independent private contractor under the supervison of the Executive Brandh and a report of the findings of such audit shall be provided to the Congress of the Republic of the United States of America, and the President. Any data breaches, or system weaknesses discovered, at anytime, will be immediately secured and immediately reported to the Presidend of the Repubic of the United States of America and the Republic Congress along with a recommendation of procedures for correction. Section 2; Privacy, Document Security and Control definitions and limits of authority: A. The Executive Branch, of the Republic of the United States of America, is authorized, by this act, to receive, process, store, maintain or provide access to copies, of any public record , and/or any and all, records related to Executive Branch governmental functions, and when necessary the records to validate the operational recordings, of any type, of the Executive, Legislative or, Judicial branches of the Republic of the United States of America. B. The Repubic Congress retains the Right to review all laws enacted, and may at anytime establish new laws, or modify existing laws, as necessary, to maintain the People's Rights under the Republic of the United States Constitution (1787 - 1791) C. The Executive Branch, of the Republic of the United States of America, shall receive, file, compile, maintain, and make available, to the People, all records of any election, excluding secret ballot voter identification information, including Executive Branch public servant records of both elected and appointed officers, government employee records, government contractor records, and all other Executive Branch government records. This act excludes, patient medical records and, active criminal investigation records. D. The Executive Branch is limited by the Constitution and the Laws, as Enacted by Congress. Section 3; Records Storage and Budget Requirements: A. The Republic of the United States of America Executive Branch, shall establish and maintain standards, requirements, and procedures as follows to ensure operational security and public accessibility to records: All proceedures, established by the Executive Branch, will comply with National Data Security and information System Standards, as established by the Congress of the Republic of the United States of America. Any and all procedures established, by the Executive Branch, may be reviewed by the Repubic Congress, for compliance with established law. The Republic Congress reserves the Right to review, modify, or change, rules, procedures, or law, at anytime. Document Security Standards Digital and Written Record Standards Backup and Archiving Requirements Records Acceptance, Viewing and Distribution Records Compatibility Standards for interaction with the State governments B. Should no standard exist, as yet establsihed, by the Republic Congress, due to the Interim Re-inhabitiation, all brances of government will adopt the common standard of Information Technology and Data Security as used by the Department of Defense, under DeFacto Corporate US standards. Upon establishment of Information and Data Security Standards, by the Republic Congress, all branches of government will convert to whatever standard is established by the Republic Congress of the United States of America. C. The Republic of the United States of America shall continuously determine the operating costs and the scope of its operational budget needs and report them to the Treasury Department and the Congress of the Republic of the United States of America. All expenditures shall be paid from the Treasury, out of the "General Fund" as authorized by the Republic Congress. Section 4; Notary Public Recording, Viewing and Access Requirements: Whereas, the People have a need to record some of their business to operate in the Public venue, The Republic of the United States of America Executive Branch is authorized, by this Act to establish a Nation Recordation office. This office will establish lawful procedures of recordation for use in public record by State and National Governments. Whereas the States have a Right to establish their own standards of Recordation, it is the job of the National Recordation Office to assist, by the Authority of Congress, under, Article 1, Section 8, to develop a National Standard to ensure a high level of recordation efficiency. A. The Republic of the United States of America, National Recordation Office (NRO) shall function as the Official Recordings Office for the National Government. B. The NRO shall act as the management office for all "Notary Public" personnel within the 50 State Republics. The NRO shall provide training and professional standards, in compliance, with the National Notary Standards as determined by the Congress of the Republic of the united States of America and adopted by legislation. Section 5; Judicial and Legislative Compliance A. The Judicial and Legislative Offices who have any record, of any person, shall under this act adopt similar procedures, as established by the Executive Branch, under the Authority of Congress, to ensure standardization, and general uniformity, for protection of the People's records. Section 6; Enforcement and Remedy Whereas the People have protected Rights, given by God, and enumerated in the Constituion for the United States of America (1787 – 1791) the following law is created to ensure the People, a means of remedy should their privacy be violated by persons working in, or for, government: A. Upon complaint, by any person, Citizen or agency, of the Republic of the United States of America, an immediate investigation will pursue information for determination of any violation of any Right guaranteed by the Constitituon of the Republic of the United States of America (1787 – 1791). Should any person, Citizen, Servant of government, or any other entity violate, by intention or result, the following penalties will be applied as remedy to the injured party: For intentional violations; 1.Modification of Records 2.Unauthorized Access 3.Destruction of Record A Common Law Grand Jury trial will be conducted with a minimum penalty for consideration, as follows: For every count of record abuse; $5000 fine payable to the injured party For every 5 counts of abuse; 1 year in jail For unintentional violations; Remedy may be arbitrated between the injured party and the party who unintentionally damaged the injured party. The Department where the violation occurred will hire a third party arbitrator to assist with remedy for the injured party. No cost will be charged to the injured party. Effective Date: [End of Act] |
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7:50 AM Jul 11