Hey Census “A $100 is a small price to pay for my privacy”
Know your Legal Position
In the next few days you will probably be getting greetings from your “friends” at the US Census. Instead of simply asking how many adults live at your address, the government will ask you a series of questions designed to justify more government spending and intrusion in your life.
If for some reason you neglect to return your survey, they will send a government temp to your home and try to harass you into answering their questions. If that doesn’t work, they will send spies to your neighbors and see if they will tell them what they want to know.
The government has already spent a great deal of money trying to let you know why you need to return your survey. They have bought ads on TV during the Super bowl and are running ads on popular radio shows. The ads all encourage you to “do your civic duty” and help the “children” and schools by returning your survey.
However, if all the cajoling doesn’t work, the Census will resort to threats – specifically the threat of a $5000 fine for not answering their invasive questions.
The question is, “can they do that?” But in the world of tactics this is known as “know your legal position.”
Before you go into battle to stand up for your rights, it is always important to know what your rights really are. For instance, when my wife was in college, her roommate went to evict her “just because she wanted privacy.” We found out that the roommate could do it, because my wife didn’t have a lease. Knowing this shaped the tactics in how to handle the situation.
Yep, you need to know, when to hold ‘em, and know when to fold ‘em.
Back to the Census – can they really fine you $5000 for not telling them your private information? Is it worth keeping your information private?
Well, I would argue it is worth keeping your private information from the government. The federal government used Census data to round up Japanese Citizens and put them in interment camps during WWII. The IRS has used “confidential” information in the past to launch investigations and there are other examples of various government prosecutorial agencies using information that was supposed to be “confidential” to launch investigations.
So is your desire for privacy going to cost you $5000?
Well the legal position on this is a little murky, but I think if you do this right, your maximum penalty is only $100, and $100 is a small price to pay for my privacy.
Here is the best answer I have been able to find on the subject – the penalty is $100 if you resist correctly. This answer is from: http://www.thepriceofliberty.org/greenslade.htm.
“On their web-site, the Census Bureau states the penalty provision for failing to comply with either survey request is found in Title 13, U.S.C., Section 221.
Pursuant to this section, refusing to provide the requested information or neglecting to complete either survey subjects you to a fine of not more than $100.00. Willfully giving information that is false subjects you to a fine of not more than $500.00.
Then, in what I believe is a blatant attempt to misrepresent federal law and install fear in the hearts and minds of the American people so they will provide the requested information, the Census Bureau included the following statement after their reference to the section 221 penalties referenced above:
Title 18 U.S.C. Section 3571 and Section 3559, in effect amends Title 13 U.S.C. Section 221 by changing the fine for anyone over 18 years old who refuses or willfully neglects to complete the questionnaire or answer questions posed by census takers from a fine of not more than $100 to not more than $5,000.
A review of Title 18 shows it is entitled: “CRIMES AND CRIMINAL PROCEDURE.”
Section 3559 is entitled: “Sentencing classification of offenses.” Section (a) states: “Classification.—An offense that is not specifically classified by a letter grade in the section defining it, is classified if the maximum term of imprisonment authorized is—(9) five days or less, or if no imprisonment is authorized, as an infraction.
Section 3571 is entitled: “Sentence of fine. Section (a) states: “A defendant who has been found guilty of an offense may be sentenced to pay a fine.” Section (b) states in part: “…an individual who has been found guilty of an offense may be fined not more than the greatest of—(7) for an infraction, not more than $5,000.” This is the only reference to a fine in the amount cited by the Census Bureau that matches the provision in section 3559 above.
The $5,000.00 fine referenced in section 3571 is a post conviction fine that only applies to an individual who has been charged and convicted of a criminal infraction as defined in section 3559. Unless an individual has been charged and convicted of some criminal offense connected to the Census and the crime is classified as an infraction, this $5,000.00 fine does not apply. Thus, their assertion that these sections changed the fines in section 221 to $5,000.00 is…you fill in the blank. In my mind, it’s a blatant lie that borders on fraud.
My Rules and Plan of Attack
Here are the 3 basic rules I follow when I receive requests for personal information on the Census and/or American Community Survey forms.
* I never destroy or deface the forms.
* I never put false information on the forms.
* I never partially complete the forms. If I am going to make the assertion that the requested information does not apply to me or the requested information exceeds the government’s constitutional authority to request the information, I return the form with a cover letter explaining why.
Here is my plan of attack for the Census and American Community Survey forms.
When I receive the 2010 Census form I will return it with a cover letter. In the letter I will give them the number of people residing in the house and state that pursuant to Article I, Section 2, Clause 3 of the Constitution that is the only information they are empowered to request. My “name, sex, age, date of birth, race, ethnicity, relationship and housing tenure” have absolutely nothing to with apportioning direct taxes or determining the number of representatives in the House of Representatives. Therefore, neither Congress nor the Census Bureau has the constitutional authority to make that information request a component of the enumeration outlined in Article I, Section 2, Clause 3. In addition, I cannot be subject to a fine for basing my conduct on the Constitution because that document trumps laws passed by Congress. Period end of story.
When I receive the American Community Survey form, I will return it with a cover letter. The letter will simply state that since the Constitution established a federal government of limited enumerated powers and that document does not grant them the general power to request the information, I am under no constitutional obligation to provide it.
If they attempt to distort the law and threaten me with the bogus $5,000.00 fine, as discussed and exposed above, I will send a letter to the Justice Department and request prosecution of the individuals making the threat.”
Sounds good to me, although I am not an attorney I have had two former attorneys with the Federal Government look at the statutes and this analysis and they believe it is sound. But like with everything else with life it is a gamble.
The Feds have only prosecuted one citizen for failing to answer his survey, and he was a Congressman who forced the issue, and he dutifully paid his $100 fine. The big gamble is how many citizens resist Census intrusion. If a large number of citizens say “no comment” then the government can’t afford to prosecute everyone.
But don’t forget the larger lesson in this story. It pays to know your legal position up front.


Tactics -- it's how you implement strategy. You use tactics all the time and they are being used against YOU too. You want to get out of the store quickly, so you make tactical judgments which line to get in, or to ask the manager to open another lane. Or it is bigger, like how you fire someone, or force them to quit. Some tactics you find ethical, others you may think are sleazy -- I'm not asking you to use a tactic, but being ignorant of a tactic doesn't make you virtuous; it just makes you a victim.