United States Postal Service (USPS)

The Postal Service was created in 1775 by decree of the Second Continental Congress. The passage of the Postal Reorganization Act in 1970 restructured the Post Office Department into the independent division of the executive branch we have today. Presently owned and regulated by the executive branch, the USPS is the third largest employer in the United States. The duties of the USPS are to receive, sort, and make every reasonable attempt to deliver mail to citizens, organizations, and corporations in the United States. Because the USPS has access to confidential information, concerns about privacy infringement have been raised. Specifically, rental procedures for private mailboxes (PMBs), National Change of Address (NCOA) distribution, and mail surveillance have been cited as potential areas of privacy violation.
The ability of the USPS to regulate commercial mail receivers is a concern to privacy advocates. One reason to rent a PMB is to protect one’s home address from public knowledge. Originally, PMB renters had the most anonymity. In the past, renting a PMB required only one form of identification and a completed Form 1583 (Application for Delivery of Mail Through Agent). However, on March 25, 1999, the USPS imposed new regulations on commercial mail-receiving agencies. Now the USPS requires two forms of identification from all PMB renters. Acceptable forms of identification must include proof of signature with picture and a serial number that is traceable to the applicant. The USPS requires copies of all PMB forms from commercial mail-receiving agencies, and it keeps those records on file in case of criminal investigation. The national database that stores this information, however, is publicly accessible. These new regulations have resulted in the collection of individuals’ names, addresses, phone numbers, and Social Security or otherwise traceable numbers. Public access to this private information may have serious consequences for lawful U.S. citizens.
Privacy advocates argue that this procedure violates the Fifth Amendment, which allows for protection of private information. Nondisclosure of private information is important because it impedes discrimination and fraud. The USPS justifies these new regulations as an attempt to reduce mail fraud. However, the USPS has yet to demonstrate that fraud is more prevalent among PMB renters compared with post office box holders. More alarming is that the personal information required on Form 1583 violates the privacy regulations of the USPS. Accessibility of this information may, in fact, enable criminal activity, not impede it. Access to home addresses and otherwise private information may be a personal liability, especially in instances involving identity theft, stalkers, and domestic-abuse victims.
The USPS privacy regulations state that all personal information disclosed should be in accordance with the Privacy Act of 1974. Examples of permissible grounds for disclosure include the individual’s request or the request of the government, legal proceedings or process, licensure, or mailers if they have the old address on file. Nevertheless, loopholes in the Privacy Act allow for the unintended distribution of confidential information. For example, NCOA lists provide the USPS with new addresses that aid with mail forwarding when a person changes residences or businesses. However, the USPS does not actually execute the address corrections. The information collected on the NCOA forms is sold to licensed service providers of the USPS. These service providers make address corrections to existing mailing lists of individuals. In addition to address updates, however, these licensed service providers, which include junk mailers, direct marketers, and credit bureaus, often have other interests in an individual’s private information. The consequences to private citizens are an increased risk of fraud or discrimination and receipt of unwanted mail.
The USPS argues that the distribution of NCOA lists decreases the volume of undeliverable mail, therefore cutting costs. Yet this procedure allows for private information to be passed on to authorized third parties for unauthorized uses. Privacy advocates argue that federal protection is needed—similar to protection from telemarketers—to incorporate safeguards from unwanted mail. The House Government Reform Committee, in conjunction with the House Government Affairs Committee, has recommended the establishment of national Do-Not-Mail lists, “No Junk Mail” stickers, and company-specific do-not-mail programs. In addition, these committees urged the 109th Congress to consider the unintended consequences of the NCOA program.
Besides the PMB and NCOA lists, the USPS affects Americans’ civil liberties in another way. In response to the 2001 anthrax scares, the USPS proposed implementing a sender identification program. Sometimes referred to as “smart stamps,” intelligent mail would allow the U.S. government to track private mail. This would be accomplished by requiring and recording identification from individuals sending mail. The risks to civil liberties include the violation of anonymity and the unwarranted surveillance of private mail. In 2003 the USPS withdrew its proposal to implement sender identification; nevertheless, mail surveillance is still a concern.
Mail covers, or the enclosing materials of private mail, are considered public domain. Therefore, the U.S. government can inspect mail covers to protect national security or apprehend criminals. Moreover, the opening of private mail is an inherent prerogative of executive authority in protecting national security. Mail covers indicating an international origination or destination are subject to inspection by Homeland Security or customs. In addition, a search warrant is not required for opening mail in instances of possible bomb mechanisms, illicit drugs, or a threat to national security. Information collected from mail covers includes sender identification, recipient identification, and the class under which the mail was sent. This information may lead to privacy violations of lawful U.S. citizens corresponding with addresses outside the United States.
Grounded in the Fourth and Fifth Amendments, nondisclosure of personal information and protection from search and seizure are considered constitutional rights. However, the USPS may infringe on Americans’ rights to privacy. Areas of concern include PMB rental requirements, NCOA distribution, and mail surveillance. Although surveillance and disclosure are in accordance with the Privacy Act, these disclosures simultaneously permit government and nongovernment offices to collect and distribute private information of lawful U.S. citizens.