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Karl Auerbachkarlauerbach@sfba.social
Oct 15, 2026, 10:25 PM
1/N So the DOJ is suing California because Calif. refuses to look at the a USB drive with names of people they are accusing of maybe, perhaps voting in the future without credentials.
OK, let's dig deeper ... There is the Privacy Act of 1974 that regulates "systems of records" that contain personally identifiable information. There is no doubt that this USB drive fits within that definition.
The Privacy Act does require that the existence and other aspects of each such system of records to be published into the Federal Register.
There is no evidence that the database on the USB drive has ever been published on the Federal Register.
The privacy act gives every person in the US the individual power to enforce the privacy act, and there are short time limits and criminal penalties that can befall government people who fail to properly respond.
To be continued...
https://www.law.cornell.edu/uscode/text/5/552a
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Karl Auerbachkarlauerbach@sfba.social
Oct 15, 2026, 10:32 PM
2/N There are plenty of exclusions in the Privacy Act of 1974, mostly having to do with law enforcement and national security. But there is certainly an open question whether the DHS/DOJ database on that USB stick is being used for such a purpose.
It is easy for an individual to file a Privacy Act claim - it only takes a letter.
However, agencies like to try to avoid the rather strict requirements of the Privacy Act with the less stringent obligations of the Freedom of Information Act - The PA is 5 USC 552a and FOIA is 5 USC 552 - that little 'a' at the end makes a world of difference.
I am considering making a Privacy Act claim about that USB-stick database. If I do I will post my letter.
If any of you do pursue Privacy Act, and I hope you do, make sure that you call out in huge letters that you are making a Privacy Act claim - 5 USC 552a - and *NOT* a FOIA request, 5 USC 552.
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