2010 Census vs. Privacy Rights

By now, we all have heard that the reason for the census is to ensure legislators are apportioned according to the population. The first question, the one about how many people live here, is sufficient to do that. The rest of the questions will be used in gerrymandering by whichever one of the government-sponsored political parties is in the majority during redistricting. Many people are angered over the exorbitant spending by the census bureau, while others are looking at the census as a threat to their civil rights, and particularly their right to privacy.

Many people are asking, "Is there a law which specifies how ordinary individuals not engaged in commerce must comply, if at all, with the 2010 census? Exactly what are we compelled by law to answer? Are most of the questions an invasion of privacy?" The author believes so, and other than the number of person who reside at a residence, it is none of their business. As this is written by a layperson, this is not legal advice. This essay has a link to what is considered "best copy" of US Code Title 13 Census.

I've researched the census and any "duties" to answer. I never agreed to, so don't feel obligated to trust the government with private information. Congress is certainly authorized to create laws, and the Census Bureau which falls under the Dept of Commerce is authorized by Congress to create census forms. Census takers are authorized to ask me questions, but if they infringe on my right to privacy and they insist on exercising authority in contravention of the Bill of Rights Amendment 9, I will insist on my rights. I am not engaged in commerce. 58 years ago, the duties of individual citizens were spelled out in USC Title 13, but were removed during the Second Red Scare and McCarthyism, before I was born. The penalties section, is Chapter 7, Offenses and Penalties, Subchapter 2 Other Persons, starting on page 27 comes the closest to inferring any obligation on ordinary individuals by referencing that the old code included a statement that it SHOULD "be the duty". I don't see a must there. I see a should.

Historical and Revision Notes:
The language of section 209 of title 13, U.S.C., 1952 ed.,
providing that it should ‘‘be the duty’’ of all persons
over eighteen years of age, to answer correctly, to the
best of their knowledge, when requested, etc., was
omitted as unnecessary and redundant. The provisions,
as herein revised, define offenses and prescribe penalties
for committing them, and are deemed sufficient
for the purpose of enforcement. However, some of the
language used in the omitted provisions was necessarily
included in the description of the offense.

If I answer at all, I'll only be answering how many people live here. I will not answer other questions, am not obligated to identify myself, and will not sign or put my name on anything.

To the extent reasonably possible, if anyone shows up in my neighborhood I will meet them at the end of the driveway, and attempt to deny ingress prior to them appearing at the doorstep and pressing the button on their equipment which provides precise GPS targeting coordinates for domestic and foreign weapons and surveillance systems.

If forced into a showdown, I will refer to Page 30 of USC Title 13, Section 225
(d) Where the doctrine, teaching, or discipline of any religious denomination or church prohibits the disclosure of information relative to membership, a refusal, in such circumstances, to furnish such information shall not be an offense under this chapter.

Congressman Ron Paul suggests answering None of Your Business".

If worse comes to worse, and you get a visit from a census taker who believes this is his or her chance to use their authority to trump your rights, you might want to let the person know how serious a crime they might be found to be committing by infringing on your rights. Reference US Code Title 18, Chapter 13:

TITLE 18—CRIMES AND CRIMINAL PROCEDURE, Chapter 13
§ 242. Deprivation of rights under color of law (found on page 82)
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Those are some pretty stiff penalties that can be brought against the census worker compared to the penalties section, in Chapter 7, Offenses and Penalties, Subchapter 2 Other Persons, so if the census worker or their management begins threatening you and your rights, use the same B.O.L.T. methods that are used for handling a roadside stop. Do take this as an assault on your liberties. If you don't know your rights, just shut up or answer a question with a question.

When should I expect to see a census form in the mail?
Here's the answer from census201.gov :
The Initial Questionnaire Package, which will consist of the Initial Questionnaire, a Cover Letter, and a Return Envelope, will be delivered between March 15 and March 17, 2010 in areas where the United States Postal Service delivers the census questionnaires for the Census Bureau. Census workers will deliver questionnaire packages March 1 – March 31, 2010 in all other areas.

Q. Where can I find the Census Bureaus' answer to the question of "Am I required to surrender my privacy rights?"
A. You're not likely to find an answer to that question. If you want to give up your privacy rather than defend your rights, and have no problem with the government stomping all over the Bill of Rights, and want to see their answer about whether or not you must, you can refer to an answer from the Census Bureau.