Skip to content

Campaign for Liberty to CA Attorney General: LEAVE OUR MEMBERS ALONE

Campaign for Liberty to CA Attorney General: LEAVE OUR MEMBERS ALONE

By ns_admin
Campaign for Liberty has joined with 63 organizations in sending a letter to the California Attorney General’s office opposing a proposed regulation requiring non-profit organizations to disclose the names of their donors to the state. This regulation is just the latest attempt by statists to use so-called “donor disclosure” laws to intimidate individuals from becoming involved in the fight for liberty. Campaign for Liberty will continue to oppose any demand that we hand over our supporters’ confidential information to any government agent. Please support our efforts to defeat the IRS’s attempts to force us to divulge the names of our supporters. Here and below is the text of the letter to the California AG: January 25, 2016

Jami L. Cantore, Deputy Attorney General California Department of Justice Charitable Trusts Section 300 S. Spring St., Suite 1702 Los Angeles, CA 90013 Re: December 11, 2015 Notice of Proposed Rulemaking on Donor Confidentiality Purportedly Under Title 11, Division 1, Chapter 4 Dear Ms. Cantore: The 63 undersigned nonprofit organizations, entities, and lawyers, as well as the over 1,400 other interested parties concerned about privacy from government and the right of private association, collectively representing millions of donors and millions more potential donors across the country, and having many decades of experience in informing citizens of causes that are important for Americans and their communities, as well as having decades of experience developing relationships and private associations with citizen donors, submit these comments in response to the above-captioned proposed rulemaking about confidentiality of donor names now demanded by the Attorney General as part of the charitable solicitation registration process. As an initial matter, the demands by the California Attorney General for names and addresses of donors to charities and other nonprofit organizations violate the privacy and private right of association of donors to tens of thousands of worthy causes. Secondly, we reject the notion that the demands are legal: They are (1) unconstitutional (despite recent decisions by the Ninth Circuit denying injunctive relief, but ignoring fundamental Supreme Court precedent such as NAACP’v. Alabama), (2) illegal under post-Watergate reforms to federal taxpayer information privacy laws, and (3) neither required or contemplated by Californias charitable solicitation statute, nor needed for Californias law enforcement purposes. Thirdly, the proposed rulemaking fails to provide safeguards and adequately guarantee protections of confidential taxpayer information and privacy of donors to charitable, educational and other philanthropic causes from unauthorized disclosure to government officials, and even as to disclosure to the general public. Moreover, the provision of the proposed rule that the Attorney General will provide other state agencies, bureaus or departments confidential tax information pursuant to administrative subpoenas would make the Attorney Generals office a hub for further violations of privacy and federal law, cloaked from any obligation of notice for due process, and depriving charities or donors opportunity to seek court relief to block violations of federal law and privacy rights. I. The AGs demands for names and addresses of donors are unconstitutional. While there are still several court challenges on constitutional grounds pending, the demands for names and addresses of donors violate the holding in NAACP’v. Alabama, and are unconstitutional trespasses on the right and security of private association. The disclosure and inspection of donor names are susceptible to politically motivated abuses regardless of the political party of the current or future AGs or members of their staffs. Also, it is well settled that charitable solicitations are protected by the First Amendment, so the AGs threats to deny this right to charities wishing to protect the privacy of their donors is extortionate and abusive, and compounds the AGs constitutional violations. II. The AGs demands for names and addresses on IRS Form 990 Schedule B violate federal law. Civil and criminal penalties apply to state officials. Donor names and addresses on Schedule B of Form 990 filed with the Internal Revenue Service are deemed confidential by federal law. See, generally, IRC sections 6103 and 6104 governing confidential taxpayer information. Following post-Watergate reforms, federal law protects against unauthorized (1) disclosure to and (2) inspection by state officials. There are both civil and criminal penalties for state officials who disclose or inspect confidential taxpayer information without authorization under federal law. See IRC sections 7213 and 7213A. These penalties indicate the seriousness of the intended protections of taxpayer confidentiality that the AG is now violating. The federal statutes are clear that confidential taxpayer information may be obtained only in limited circumstances, and with statutory checks on disclosure to and inspection by state officers and employees. IRC sections 6103 and 6104 foreclose the AGs dragnet licensing demands for private donor information because they are not expressly authorized. III. The AGs demands using charitable solicitation registration are not authorized by Californias charitable solicitation statute, and are not needed for law enforcement purposes. The AGs demands creating disclosure to, and inspection by, herself and other state employees of confidential taxpayer information are not required or expressly authorized by Californias charitable solicitation statute, and certainly are not necessary — a condition required by IRC section 6104(c)(3) — to the licensing of charitable solicitation. If ever relevant to an investigation of a particular nonprofit, this federally protected confidential information may be obtained from the IRS under the lawful conditions of the controlling federal statutes, or by investigative methods consistent with the Fourth Amendment and particularized suspicion rather than through an unnecessary dragnet licensing process affecting all registrants and their donors. IV. The proposed rule fails to provide safeguards and adequate protections of the confidentiality of donor names and addresses. The proposed rule is striking in how it utterly lacks description of any safeguards, processes, protocols, or accountability to maintain confidentiality of donor information. It fails to adequately state how the AG will maintain and protect the confidentiality of donor information, and prevent accidental, reckless, and even willful disclosure and inspection in violation of federal law. It fails to state which employees in the AGs office may and may not access this confidential information. It fails to provide notice to victims of breaches, fails to provide remedies, and fails to provide penalties or discipline for employees of the AGs office who breach the confidentiality of donor names and addresses. As stated above, the AGs office will be a hub for further unlawful disclosures to other state agencies, bureaus or departments that themselves may have no safeguards. The proposed regulations failure to acknowledge the restrictions of disclosure to, or inspection by, certain state agencies as set forth in IRC sections 6103 and 6104 leaves open further violations of federal law, compounding the AGs violations of IRC section 6103, yet cloaked from notice to victims. Since the AG has ignored and transgressed the federal law of confidentiality as if it did not apply to her, it is likely she will raise claims of defenses for breaches not contemplated by the federal statutes such as state sovereign immunity. And, the provision that other government offices merely agree to maintain the confidentiality of the information received consistent with this regulation without express safeguards not only risks further violations of federal law, but is an irresponsible extension of this regulation that is irresponsible on its face. The proposed rule is not a serious effort. The unlawful demands for confidential taxpayer information by the AG are only further compounded by the proposed rule. The better course is for the AG to retract her demands for names and addresses of donors, or face the prospect of civil and even criminal challenges for her intentional acts. Respectfully submitted,

View the original article at

Related Posts with Thumbnails

Posted in Analysis & Review, Civil Rights and Privacy.

Tagged with , , , , , .

0 Responses

Stay in touch with the conversation, subscribe to the RSS feed for comments on this post.

Some HTML is OK

or, reply to this post via trackback.

Support #altnews & keep Dark Politricks alive

Remember I told you over 5 years ago that they would be trying to shut down sites and YouTube channels that are not promoting the "Official" view. Well it's all happening now big time. Peoples Channels get no money from YouTube any more and Google is being fishy with their AdSense giving money for some clicks but not others. The time is here, it's not "Obama's Internet Cut Off Switch" it's "Trumps Sell Everyones Internet Dirty Laundry Garage Sale". This site must be on some list at GCHQ/NSA as my AdSense revenue which I rely on has gone down by a third. Either people are not helping out by visiting sponsors sanymore or I am being blackballed like many YouTube sites.

It's not just Google/YouTube defunding altenative chanels (mine was shut), but Facebook is also removing content, shutting pages, profiles and groups and removing funds from #altnews that way as well. I was recently kicked off FB and had a page "unpublished" with no reason given. If you don't know already all Facebooks Private Messages and Secret Groups are still analysed and checked for words related to drugs, sex, war etc against their own TOS. Personally I know there are undercover Irish police moving from group to group cloning peoples accounts and getting people booted. Worse than that I know some people in prison now for the content they had on their "secret private group". Use Telegrams secret chat mode to chat on, or if you prefer Wickr. If you really need to, buy a dumb phone with nothing for the NSA/GCHQ to hack into. Ensure it has no GPS tracking on it and that the battery can be removed. These are usually built for old people to get used to technology storing only a set of numbers to call. However they have no games, applications to install or other ways people can exploit the computer tracking device you carry round with you most of the day - your smart phone. If you are paranoid ensure that you can remove the battery when travelling around and do so to prevent GPS tracking or phone mast triangulation. Even with your phone in Flight mode or turned off, it can be turned on remotely and any features like front or back cameras, microphones and keylogging software can be installed to trace you.

So if your not supporting this site already which brings you news from the Left to the Right (really the same war mongering rubbish) then I could REALLY do with some..

Even if it's just £5 or tick the monthly subscription box and throw a few pound my way each month, it will be much appreciated. Read on to find out why.


Any support to keep this site would be appreciated. You could set up a monthly subscription for £2 like some people do or you could pay a one off donation as a gift.
I am not asking you to pay me for other people's articles, this is a clearing house as well as place to put my own views out into the world. I am asking for help to write more articles like my recent false flag gas attack to get WWIII started in Syria, and Trump away from Putin. Hopefully a few missiles won't mean a WikiLeaks release of that infamous video Trump apparently made in a Russian bedroom with Prostitutes. Also please note that this article was written just an hour after the papers came out, and I always come back and update them.

If you want to read JUST my own articles then use the top menu I have written hundreds of articles for this site and I host numerous amounts of material that has seen me the victim of hacks, DOS plus I have been kicked off multiple hosting companies, free blogging sites, and I have even had threats to cease and desist from the US armed forces. Therefore I have to pay for my own server which is NOT cheap. The more people who read these article on this site the more it costs me so some support would be much appreciated.

I have backups of removed reports shown, then taken down after pressure, that show collusion between nations and the media. I have the full redacted 28/29 pages from the 9.11 commission on the site which seems to have been forgotten about as we help Saudi Arabia bomb Yemeni kids hiding in the rubble with white phosphorus, an illegal weaapon. One that the Israeli's even used when they bombed the UN compound in Gaza during Operation Cast Lead. We complain about Syrian troops (US Controlled ISIS) using chemical weapons to kill "beautiful babies". I suppose all those babies we kill in Iraq, Yemen, Somalia and Syria are just not beautiful enough for Trumps beautiful baby ratio. Plus we kill about 100 times as many as ISIS or the Syrian army have managed by a factor of about 1000 to 1.

I also have a backup of the FOX News series that looked into Israeli connections to 9.11. Obviously FOX removed that as soon as AIPAC, ADL and the rest of the Hasbra brigade protested.

I also have a copy of the the original Liberal Democrats Freedom Bill which was quickly and quietly removed from their site once they enacted and replaced with some watered down rubbish instead once they got into power. No change to police tactics, protesting or our unfair extradition treaty with the USA but we did get a stop to being clamped on private land instead of the mny great ideas in the original.

So ANY support to keep this site running would be much appreciated! I don't have much money after leaving my job and it is a choice between shutting the server or selling the domain or paying a lot of money just so I can show this material.

Material like the FSB Bombings that put Putin in power or the Google no 1 spot when you search for protecting yourself from UK Police with "how to give a no comment interview". If you see any adverts that interest you then please visit them as it helps me without you even needing to give me any money. A few clicks per visit is all it takes to help keep the servers running and tag any tweets with alternative news from the mainstream with the #altnews hashtag I created to keep it alive!

However if you don't want to use the very obvious and cost free ways (to you) to help the site and keep me writing for it then please consider making a small donation. Especially if you have a few quid sitting in your PayPal account doing nothing useful. Why not do a monthly subscription for less money instead. Will you really notice £5 a month?