Amendment Slipped Into Health Care Legislation Would Track, Tax Coin and Bullion Transactions
ABC
Those already outraged by the president’s health care legislation now have a new bone of contention — a scarcely noticed tack-on provision to the law that puts gold coin buyers and sellers under closer government scrutiny.
The issue is rising to the fore just as gold coin dealers are attracting attention over sales tactics.
Section 9006 of the Patient Protection and Affordable Care Act will amend the Internal Revenue Code to expand the scope of Form 1099. Currently, 1099 forms are used to track and report the miscellaneous income associated with services rendered by independent contractors or self-employed individuals.
Starting Jan. 1, 2012, Form 1099s will become a means of reporting to the Internal Revenue Service the purchases of all goods and services by small businesses and self-employed people that exceed $600 during a calendar year. Precious metals such as coins and bullion fall into this category and coin dealers have been among those most rankled by the change.
This provision, intended to mine what the IRS deems a vast reservoir of uncollected income tax, was included in the health care legislation ostensibly as a way to pay for it. The tax code tweak is expected to raise $17 billion over the next 10 years, according to the Joint Committee on Taxation.
Taking an early and vociferous role in opposing the measure is the precious metal and coin industry, according to Diane Piret, industry affairs director for the Industry Council for Tangible Assets. The ICTA, based in Severna Park, Md., is a trade association representing an estimated 5,000 coin and bullion dealers in the United States.
”Coin dealers not only buy for their inventory from other dealers, but also with great frequency from the public,” Piret said. “Most other types of businesses will have a limited number of suppliers from which they buy their goods and products for resale.”
So every time a member of the public sells more than $600 worth of gold to a dealer, Piret said, the transaction will have to be reported to the government by the buyer.
Pat Heller, who owns Liberty Coin Service in Lansing, Mich., deals with around 1,000 customers every week. Many are individuals looking to protect wealth in an uncertain economy, he said, while others are dealers like him.
With spot market prices for gold at nearly $1,200 an ounce, Heller estimates that he’ll be filling out between 10,000 and 20,000 tax forms per year after the new law takes effect.
”I’ll have to hire two full-time people just to track all this stuff, which cuts into my profitability,” he said.
An issue that combines gold coins, the Obama health care law and the IRS is bound to stir passions. Indeed, trading in gold coins and bars has surged since the financial crisis unfolded and Obama took office, metal dealers said.
The buying of actual gold, as opposed to futures or options tied to the price of gold, has been a particularly popular trend among Tea Party supporters and others who are fearful of Obama’s economic policies, gold industry members such as Heller and Piret said.
Scientists currently tag animals to study their behavior and protect the endangered, but some futurists wonder whether all humans
VeriChip Tracking Chip
should be tagged too.
Scientists tag animals to monitor their behavior and keep track of endangered species. Now some futurists are asking whether all of mankind should be tagged too. Looking for a loved one? Just Google his microchip.
The chips, called radio frequency identification (RFID) tags, emit a simple radio signal akin to a bar code, anywhere, anytime. Futurists say they can be easily implanted under the skin on a person’s arm.
Already, the government of Mexico has surgically implanted the chips, the size of a grain of rice, in the upper arms of staff at the attorney general’s office in Mexico City. The chips contain codes that, when read by scanners, allow access to a secure building, and prevent trespassing by drug lords.
In research published in the International Journal of Innovation and Sustainable Development, Taiwanese researchers postulate that the tags could help save lives in the aftermath of a major earthquake. “Office workers would have their identity badges embedded in their RFID tags, while visitors would be given temporary RFID tags when they enter the lobby,” they suggest. Similarly, identity tags for hospital staff and patients could embed RFID technology.
“Our world is becoming instrumented,” IBM’s chairman and CEO, Samuel J. Palmisano said at an industry conference last week. “Today, there are nearly a billion transistors per human, each one costing one ten-millionth of a cent. There are 30 billion radio RFID tags produced globally.”
Having one in every person could relieve anxiety for parents and help save lives, or work on a more mundane level by unlocking doors with the wave of a hand or starting a parked car — that’s how tech enthusiast Amal Graafstra (his hands are pictured above) uses his. But this secure, “instrumented” future is frightening for many civil liberties advocates. Even adding an RFID chip to a driver’s license or state ID card raises objections from concerned voices.
Tracking boxes and containers on a ship en route from Hong Kong is OK, civil libertarians say. So is monitoring cats and dogs with a chip surgically inserted under their skin. But they say tracking people is over-the-top — even though the FDA has approved the devices as safe in humans and animals.
“We are concerned about the implantation of identity chips,” said Jay Stanley, senior policy analyst for the speech, privacy and technology program at the American Civil Liberties Union. He puts the problem plainly: “Many people find the idea creepy.”
“RFID tags make the perfect tracking device,” Stanley said. “The prospect of RFID chips carried by all in identity papers means that any individual’s presence at a given location can be detected or recorded simply through the installation of an invisible RFID reader.”
There are a number of entrepreneurial companies marketing radio tracking technologies, including Positive ID, Datakey and MicroChips. Companies started marketing the idea behind these innovative technologies a few years ago, as excellent devices for tracking everyone, all the time.
Following its first use in an emergency room in 2006, VeriChip touted the success of the subdermal chip. “We are very proud of how the VeriMed Patient Identification performed during this emergency situation. This event illustrates the important role that the VeriChip can play in medical care,” Kevin McLaughlin, President and CEO of VeriChip, said at the time.
“Because of their increasing sophistication and low cost, these sensors and devices give us, for the first time ever, real-time instrumentation of a wide range of the world’s systems — natural and man-made,” said IBM’s Palmisano.
But are human’s “systems” to be measured?
Grassroots groups are fretting loudly over civil liberties implications of the devices, threatening to thwart their development for mass-market, human tracking applications.
“If such readers proliferate, and there would be many incentives to install them, we would find ourselves in a surveillance society of 24/7 mass tracking,” said the ACLU’s Stanley.
The controversy extends overseas, too. David Cameron, Britain’s new prime minister, has promised to scrap a proposed national ID card system and biometrics for passports and the socialized health service, options that were touted by the Labour Party.
“We share a common commitment to civil liberties, and to getting rid — immediately — of Labour’s ID card scheme,” said Cameron according to ZDNet UK.
These controversies are impacting developers. One firm, Positive ID, has dropped the idea of tracking regular folks with its chip technology. On Wednesday, the company announced that it had filed a patent for a new medical device to monitor blood glucose levels in diabetics. The technology it initially developed to track the masses is now just a “legacy” system for the Del Ray Beach, Fla., firm.
“We are developing an in-vivo, glucose sensing microchip,” Allison Tomek, senior vice president of investor relations and corporate communications, told FoxNews.com. “In theory it will be able to detect glucose levels. We are testing the glucose sensor portion of the product. It will contain a sensor with an implantable RFID chip. Today’s patent filing was really about our technology to create a transformational electronic interface to measure chemical change in blood.”
Gone are the company’s previous ambitions. “Our board of directors wants a new direction,” says Tomek. “Rather than focus on identification only, we think there is much more value in taking this to a diagnostic platform. That’s the future of the technology — not the simple ID.”
The company even sold off some of its individual-style tracking technology to Stanley Black and Decker for $48 million, she said.
These medical applications are not quite as controversial as the tracking technologies. The FDA in 2004 approved another chip developed by Positive ID’s predecessor company, VeriChip, which stores a code — similar to the identifying UPC code on products sold in retail stores — that releases patient-specific information when a scanner passes over the chip. Those codes, placed on chips and scanned at the physician’s office or the hospital, would disclose a patient’s medical history.
But like smart cards, these medical chips can still be read from a distance by predators. A receiving device can “speak” to the chip remotely, without any need for physical contact, and get whatever information is on it. And that’s causing concern too.
The bottom line is simple, according to the ACLU: “Security questions have not been addressed,” said Stanley. And until those questions are resolved, this technology may remain in the labs.
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Global Research
There is a new technological trend in the United States that promises to use advances in Internet, GPS, and chemical detection technology to manage states’ surging prison and parolee populations. Several states, particularly those with massive budget deficits like California and Michigan, are unable to shoulder the burden of housing more inmates in their dangerously overcrowded prisons. They are therefore dramatically increasing the use of GPS technology to monitor the whereabouts and activities of parolees, as well as using the technology for home detention programs and even alcohol consumption monitoring. While it is true that GPS ankle bracelets have been in use for a few years now, new technology, laws, and applications are increasing the use of such devices in what is soon to be a booming industry – fully dependent upon the corrections system.
In Richmond, California, statistically identified as having America’s fourteenth highest crime rate [1] , the police recently fitted twenty parolees with GPS tracking devices on their ankles. [2] The devices include paging systems that require the parolee to call his or her parole agent each time they feel the device vibrate. Police officers say that they can use the devices to track parolees and place them at the scene of a crime committed while on parole. The tracking devices do, however, bring into question the status of a parolee’s civil liberties and may open the door to court challenges regarding invasion of privacy and other constitutionally guaranteed rights. The political will of several states are fully behind using the new technology and the courts thus far seem to like the flexibility they offer in sentencing and early release. The Richmond program is merely the tip of the iceberg.
In Los Angeles, for example, the police have established the Realtime Analysis and Critical Response (RACR) division, which uses a website called VeriTracks to follow parolees. [3] Parolees wearing the tracking devices are tracked online in real time with their whereabouts shown on a map by a green colored dot. RACR has the ability to type in the location of a crime and determine whether or not a parolee was at the scene of the crime at or around the time of the incident. Governor Arnold Schwarzenegger has been paroling gang members on the condition that they wear the tracking devices and has also begun using the devices on sex offenders. In fact, under a new law called Chelsea’s Law , those convicted of violent sex acts against children under age 14 would qualify for lifetime GPS tracking. [4] In 2007, California was projected to spend $30 million on GPS tracking devices and services. The state now spends around $80 million annually on equipment and services without any proof that the new technology has made citizens safer. [5]
The State of Florida has signed on to use a new type of technology, sold by the company ActSoft, which not only monitors the whereabouts of a person, but also can detect whether or not that person has been drinking alcohol. Florida asserts that the technology is being used to free up space in prisons for violent offenders and is even giving people charged with reckless driving with the option of either going to jail to await trial, or staying out on bail with an ankle bracelet that can detect alcohol in their blood. [6] The system works by detecting the presence of ethanol vapors, a telltale sign of the metabolism of alcohol.
Public safety advocates continue to push for greater restrictions on the freedom of movement, and the elimination of privacy rights of those charged with or convicted of crimes. This is not a new platform in the annals of America’s criminal justice system. Public figures regularly jump at the opportunity to be perceived as tough on crime and, in fact, are terrified of being perceived as weak on crime. The fear is that public at large will hold politicians accountable for their perceived weakness on crime and, as such, this is a perception that politicians want to avoid at all costs – no matter what the evidence says regarding the effectiveness of “get tough on crime” measures. Fortunately for those fearing the perception of weakness, state budget crises all across America are enabling lawmakers to also use public finances as a justification for the increased use of electronic monitoring, otherwise known as “tethering,” on those in the criminal justice system.
States all across the country are engaged in cost analyses and coming to the conclusion that the use of electronic tethers is highly cost effective. One county jurisdiction in Michigan is reporting that people who are incarcerated cost the county $95 per day, while those who are tethered only cost between $6 and $12 per day. [7] In 2007, Florida had to pay approximately $12 per day for electronic monitoring while incarceration cost the state $43.26 per day for a man and $65.46 per day for a woman. [8] The attractive cost differential is being touted by businesses providing the equipment and monitoring services and is creating a new aspect of business in America’s prison-industrial complex which once grew as a result of increasing the number of prisons built – whether publicly or privately owned. [9] Whereas the expansion of America’s prison system was once an integral part of politics, the “war on crime,” and a new economic base for impoverished rural areas, state budget problems have forced the complex to rely on a new form of technology that could one day enable the monitoring of parolees or people in pre-trial confinement to be outsourced to foreign countries. The profit potential for companies providing electronic monitoring equipment and services is noteworthy. Denver’s Alcohol Monitoring Solutions has claimed that the market for their products could eventually be worth $1.3 billion per year. [10]
Civil rights advocates have warned that the privacy, search and seizure, and due process of parolees and others might be violated by having someone watching them around the clock, particularly those who are required to wear the devices for life. Such an obligation equals new punishment after punishment for the crime has already been rendered and time served. Additionally, those required to wear the devices may find it hard to obtain a job and become normal, productive members of society.
Paul C. Wright is an attorney, business consultant, and legal researcher who has practiced both military and civil law. His legal practice areas have included criminal, international, insurance, and consumer law.Paul C. Wright is an attorney, business consultant, and legal researcher who has practiced both military and civil law. His legal practice areas have included criminal, international, insurance, and consumer law.
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