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Are you under Surveillance?
I'm just a photographer trying to make a living, but under a lot of stress right now! This is something that can effect each and everyone of you who have a website and conduct sales online. I spent quite a big chunk of money to build a custom credit card software program that is safe, secure plus provides me with the options to sell by either use of downloads, shopping carts, or subscriptions. It took a whole year to develop and implement it! So after a year of paying for a merchant account with zero transactions, I started getting sales. Then about 6 months later, my business has grown quite rapidly. This raised a red flag with a certain person within this company that provides my merchant account. He suspects that I am doing something illegal as in selling product that does not fit with morals of the bible belt, third party billing, child porn, or selling arms to the Contras (oh that was done already!) ... I mean terrorists! He put a hold on my funds, and wants me to either give him copies of my invoices or for me to refund all money! His superiors and my attorney are on my side and against my having to change gateway/providers for my transactions. I'm confident that this is going to be resolved in my favor and that I will NOT turn over any customer information. Worst case is that I will need to find another gateway for my credit card transactions, and that current funds could be held back for 6 months. I have heard of this happening to the big third party credit card service providers online, but I'm small peanuts compared to them! But my situation started with misinformation on the original sign up of me being a "Commercial" photographer (well I am!) and also my total monthly sales ceiling was too low. The guy who is investigating this says that if I'm not a wedding/portrait photographer then I'm not commercial? He has also said that if I hire another photographer to shoot content for my sites, that is third party even if I own the content. The reason being that the account is for my photography only! He writes e-mails in reply to mine as if he barely has a high school education. I do not appreciate his interpreting of copyright and credit card law. That is for my lawyer to do, not this guy! Has anyone else ever had a problem like this? The other thing that I think is related to the current political climate regarding our privacy as photographers and business people is that I suspect that e-mail being sent from my website is being filtered. My e-mail system is sending out e-mail to those who have ordered product from me. I notice that e-mail with certain key words like model, teen, pictures, sexy, etc. etc. are either dumped by spam filters for certain addresses ... Yahoo for sure! Or worse yet, the e-mails don't even arrive! Then I read this; San Jose Mercury News (CA) January 20, 2006 Section: Front Edition: Morning Final Page: 1A GOOGLE SPARKS PRIVACY FIGHT BUT YAHOO, MICROSOFT, AOL TURNED OVER RECORDS FEDS SOUGHT MICHAEL BAZELEY AND HOWARD MINTZ, Mercury News Yahoo, Microsoft and America Online turned over records to the government that Google is refusing to relinquish, raising divisions within the nation's biggest search engines over what information should be private. The legal dispute over whether the federal government can force Google to give up information from its search engine index is a reminder of the vast amount of personal information Internet companies collect on their users -- and the possibility it could reach third parties. Some privacy experts said the Department of Justice's request is worrisome , particularly in an era when the government has stepped up surveillance in efforts to combat terrorism -- even admitting it has spied on Americans. The Bush administration apparently never asked for any explicitly personal information. And Google is not refusing the order on privacy grounds. But it clearly was concerned about public reaction. ''Google's acceding to the request would suggest it is willing to reveal information about those who use its services. This is not a perception that Google can accept,'' Google attorney Ashok Ramani wrote in an Oct. 10 letter to the Justice Department. ''We think companies should be pushing back,'' said Ari Schwartz, associate director of the Center for Democracy and Technology. ''They're only going to be asked for more. These things are gradual. They see if they can get what they're asking for, and it gets bigger and bigger.'' AOL, Microsoft and Yahoo agreed to the requests, although one attorney involved in the case said Yahoo never turned over any personal information. ''We're rigorous defenders of our users' privacy,'' spokeswoman Mary Osako said. ''In our view, this is not a privacy issue.'' A Microsoft statement said, in part, ''We did comply with their request for data in regards to helping protect children in a way that ensured we also protected the privacy of our customers. We were able to share aggregated query data (not search results) that did not include any personally identifiable information.'' The case stems from the Bush administration's attempt to resurrect the Child Online Protection Act, struck down two years ago by the U.S. Supreme Court. The law was meant to punish online pornography sites that make content accessible to minors. The government contends it needs the data to determine how often pornography shows up in online searches. In its original subpoena, dated in August, the government asked the four companies for ''all URLs that are available to be located through a search query on your company's search engine as of July 31, 2005.'' Also requested were records of ''all queries'' entered between June 1 and July 31. The subpoena said authorities did not want any ''additional information . . . that would identify the person'' who typed in the query. . The government later narrowed the scope of its request to a million URLs and search queries over a one-month period. Government officials would not detail how they planned to use the information. But a source close to the case said it is interested in what types of Web pages appear when people type in various search terms. ''My understanding is, we were seeking what keywords are put in and URLs,'' said Justice Department spokesman Charles Miller. ''Nothing personal.'' Google called the request ''overbroad, unduly burdensome, vague and intended to harass.'' Its October letter to the Justice Department said the government appeared to want to create ''a sample world-wide web'' so it could test the effectiveness of pornography filters. ''Google objects to Defendant's view of Google's highly proprietary search database -- the primary reason for the company's success -- as a free resource that Defendant can access and use, some levels removed, to formulate its own defense.'' Google also objected that the request would reveal ''privileged, confidential or trade-secret information.'' It suggested the government seek its information from the Internet Archive, a non-profit archive of Web pages that Google said more appropriately reflects the breadth of the Web. Although he said the case was worrisome, privacy expert Alan Westin said it does not appear to raise direct privacy issues. ''If there are not responses that reveal personal information, you don't have a privacy issue,'' said Westin, founder of the Privacy and American Business think tank. ''If you say, 'If you stick in this query and 67 pornographic responses come back,' that's not a privacy issue to me.'' Internet companies have been amassing large storehouses of personal information about their users. Amazon.com is the classic example; it collects credit card information and keeps track of what books, CDs and other items its customers buy so it can make shopping recommendations. But search engines have been getting increasingly personal, too. Google and other search engines collect and store records of which search terms their users type in and what pages they visit. Google now offers to personalize its search results for people based on their previous searches. Companies such as Yahoo and Ask Jeeves encourage users to store bookmarks of Web pages they find on company servers. ''That's the constant trade-off between greater personalization and this one-stop for managing your life,'' said Ray Everett-Church, a South Bay privacy consultant. ''You're making it easier to issue subpoenas or warrants for anything.'' WHY IT MATTERS Privacy advocates worry the information Internet companies compile about their users could wind up in a third party's hands. The government says it is not asking Google, Yahoo, America Online or Microsoft for personal information. --------------------------------------------- Copyright (c) 2006 San Jose Mercury News I am not doing anything illegal, but I also do not want the government involved in my business. Should I be afraid of this? Jan 21 06 10:10 pm Link Patrick Walberg wrote: Yes because: Jan 21 06 10:52 pm Link Assume the government is reading all our email. Just because we are paranoid doesn't mean we are wrong. Jan 21 06 10:54 pm Link I was, way back in my Windows days. Now I use a Mac. No more Trojan programs. It wasn't the merchants though.   Jan 21 06 11:01 pm Link dude... Get used to it... Anytime you start making cash on you own terms Uncle Sam will be a callin'... You must be making a nice chunk - All I can say is make more cash and keep a lawyer on retainer... Jan 21 06 11:10 pm Link raveneyes wrote: FDR said " ... all we have to fear is fear itself." The current administration seems to govern based on our fears ... just notice how Karl Rove has mention 9/11 numerous times just the other day regarding the Republican blue print for keeping the Republican administration dominant in office. Jan 21 06 11:24 pm Link Ivan123 wrote: I already assume that my e-mail is being read by others besides the person I meant to read it. Also I assume that people who want to know more about my own political tendencies are "googling" and reading the messages I post right here in this websites forum! In fact, I know it is available to anyone! So I don't worry at all about it. It is sad that certain people in our government are paranoid, but I am not. I fear nothing but fear itself, and how fear is being used to manipulate our great Nation! Jan 21 06 11:29 pm Link Hoot wrote: I'm not surprised ... we are now living in the land of Big Brother. Jan 21 06 11:31 pm Link Patrick Walberg wrote: Yeah well...people are more afraid than ever to lose their 2.5 cars and 1.5 acres with their 3 bedroom homes and 2.3 children...the majority of people are in debt...real debt...from about 250K/year household income and down is over extended...people are really frightened they're not going to be able to pay that next cable bill...they might lose their HDTV! Jan 21 06 11:37 pm Link The Art of CIP wrote: I was publishing an alternative newspaper back in high school with the person who is my good friend and now my lawyer. He was the editor, and I was studying law, but we reversed roles. We both are fighters for Civil Rights and Freedom of Speech! Always have been, and always will be! Jan 21 06 11:38 pm Link Hoot wrote: That's much more likely a virus on your computer attacking the FBI site than the FBI downloading data from your system. Jan 21 06 11:43 pm Link Shoot. I was just looking at something dirty..... Jan 21 06 11:44 pm Link Security has nothing to do with Mac or PCs. If the computer is not secured, it doesn't matter. Use encryption for your email. Encrypt your IM. Secure your computers. If you don't know how to do it, get someone who can. Have "sensitive" conversations only in person... *sigh* And that FBI thing is more likely a virus/trojan DOS attack on your computer... Jan 21 06 11:45 pm Link raveneyes wrote: I don't need much, I am able to live comfortably without those luxuries that other people consider necessities. My debt is manageable and I will prevail no matter what obstacles confront me. Honestly, I do believe our government wants us to succeed so that we can pay taxes. I would like to be in the highest tax bracket possible! Jan 21 06 11:45 pm Link lll wrote: That was the reason behind my creating my own software ... because I know that any software product you can buy on the market today to set up shopping carts, billing pages, etc. for websites ... has already been cracked and compromised. I don't want to use Paypal or CCBill either! My credit is good so why should I use them? Jan 21 06 11:53 pm Link Patrick Walberg wrote: PayPal! Jan 22 06 03:49 am Link Patrick Walberg wrote: Which company is it that has done this. Share the information so that others can avoid this. Also if this idiot's supervisors agree with you I have two questions. 1. Why is this STILL an issue and 2. Why does this self rightous zealot still have a job? My favorite thing to do is get people like this fired. ESPECIALLY right before the holidays. Hamza wrote: They are the biggest bunch of Fascist assholes. Hamza wrote: LOSING our rights? You mean GIVING them away don't you? This shows us how freaking stupid the American populace is. People in this country will GLADLY give away their rights "For the Children" and to thwart Terrorism. I say F the children and F terrorism... My rights do not in ANY way harm or protect either. Hamza wrote: Hey man still polls have shown that Arabic people and those of middle eastern descent are STILL rated number 3 most hated ethnic group in America. With Black and Mexican being at the top. So ya'll still got a way to go. LOL Jan 22 06 04:29 am Link Psh. Wow. And, I thought you guys were businessmen. Hey, any branch of the State and Federal Government can come and check my stuff out. By the time they're done snooping around, I'll have at least one offer to do some kind of photography job. heh. That guy the OP is complaining about in regards to his CC processing...I dunno. I used a credit card processing service before, used their Windows software to process credit card payments and I swear, the folks at the backend keep a record of all the transactions. So, it looks a little fishy to me that someone from the processor would be asking for copies of dude's invoices. I've never heard of anyone having to surrender their invoices in the manner OP described. If it was something legitimately serious, OP wouldn't even be asked. He'd would have a subpoena delivered to his home, or place of business, demanding the surrender of such. And, typically, an I.R.S. agent would be doing an audit trail. Not some dude from the credit card processor. Logically, even if the guy was the CC processor's authorized Auditing officer and suspected OP was using the processing software for arms dealing, or selling kiddie porn, etc., then they'd report the OP to the proper authorities and not interface with him at all. Doesn't it seem fishy to you? The processor I used called me once to question a large transaction (I think it was over $5,000), and after I told them what it was for, that was it. They didn't ask me for copies of my paperwork and their questioning was just to ensure that the transaction wasn't some kind of fraud, like money laundering and other typical theft involving credit cards. Jan 22 06 04:47 am Link DJTalStudios wrote: Hamza wrote: Hey man still polls have shown that Arabic people and those of middle eastern descent are STILL rated number 3 most hated ethnic group in America. With Black and Mexican being at the top. So ya'll still got a way to go. LOL Not in NYC buddy... I am an American, I have long hair, eariings, have been a member of the NRA since age 10, listen to Heavy Metal, eat Hamburgers and Fries, and hate the Bush Administration as every Smart American should, I just have an Arabic Name... Jan 22 06 04:51 am Link Wild horse I agree. I have never heard of something like this from a gateway. But there is always at least ONE self rightous zealot in the bunch that stirs up the most trouble. I'm constantly getting bombarded by the IRS, and other entities of the government over the $ I make daily. Even had one of the morons tell me that porn funds terrorism... I looked at him like I was going to kill him and the thought did literally cross my mind. Should have seen the look on the moron's face when I took him into my war room and showed him all my certificates of training from the military and I told him with the straightest face I could muster. "Bitch I was one of the government's most effective terrorist killing machines. Say that bullshit to me again and you'll have your credentials sitting on my wall along with those of the 4 cops who thought it would be fun messing with me." They will say breathing and freedom of speech funds terrorism if it gets the stupid people to give up their rights. Thank goodness Im not one of those. In fact I don't think we have ENOUGH rights in this country. But that's another discussion. Hamza wrote: There are but 3 million people in NYC... that isn't the US. And hell my 13 year old daughter has an FBI file. We all do. You should see mine. Over 1000 pages all about ME! I feel so special. See what I get for getting that security clearance. EVERY aspect of my life cataloged. But yeah we live in a country of Hypocricy. Do what I say not what I do. Jan 22 06 05:16 am Link Hamza wrote: Everyone in the U.S. has a file on them somewhere. You're not being singled out. And because you have a file, it compells you to propagate the message of blind anarchy and hate? "Hate the Government, hate the Bush administration...just because". Man, I've never understood that. Most of the grievances people like you and me have, are caused directly by a shitload of our peers and neighbors, i.e. certain retards who don't do their jobs efficiently, don't interpret policy properly and sometimes use policy and standards in a way it wasn't designed and oftentimes, as an excuse to "not have to think so much". Their lackadaisical attitudes affect us more than you realize. And, when shit doesn't go the way you like, it's just so easy to point the finger at government and leadership, because it makes all the real complicated people issues at the lower levels seem much less convoluted and easier to cope with. Psh, c'mon man. Wake up and use your head. I listen to metal and can also play it on my drums and I know for a fact that the the manufacturers of the instrument have their share of dealing with fallout caused by inept employees, advertisers, marketers, distributors, shippers and retailers. It's a universal thing that happens to everyone at all levels and doesn't just happen and stay only in Government. See what I'm saying? Jan 22 06 05:35 am Link DJTalStudios wrote: Check your facts dude, last count in NYC was 8.5 million!!! Jan 22 06 05:50 am Link DJTalStudios wrote: When dealing with a zealot, it's a good idea to be knowledgeable about his, or her bounds and point it out to them and their superiors when they overstep it. I don't know your deal with the I.R.S., but always keep your receipts. Toss it into a filebox and organize it the end of the year, or on a weekly basis. Shit man, I pay my kids a couple of dollars every now and then to sort my receipts by date and put into an envelope for that month and year. Teaches them to keep their shit straight when they get older. DJTalStudios wrote: Lol. It's always been my opinion that Military service for at least 2 years should be mandatory right after high school. If not a government mandated thing, at least a personal mandated feeling to "service" the country for once and not just leech off of it. But yeah, that dude was preaching to an audience he don't know nothing about. Obviously. DJTalStudios wrote: Heh. Here's the thing man. We have a lot of rights in this country. Hard to know all of them. People step into high school and out of it, making a best guess at what most of them are. The problem is, we got too many people abusing some of those rights for selfish reasons. Such as, personal greed and lust for power. So, you know what? That's why we end up having a governing body of people in each state's capital implementing policies to policies and amendments to policies. Lol. It's a never ending cycle and kinda ironic when you think about it. It truly is. Luckily though, the numbers of people who do good jobs and do their jobs greatly, outnumber the other types. Otherwise, shit would not be getting done right now. Jan 22 06 05:59 am Link Hamza wrote: Until we evolve into 9 feet tall telepathic E.T. like aliens transporting from place to place with a simple touch of our bellybuttons, killing is gonna be a universal concept and struggle that we're gonna have to deal with as our predessesors did all throughout history - in kind. It ain't never changed and isn't gonna change just because all of a sudden, someone in the Haight and Ashbury thinks death and violence is so uncool. Those two concepts have always gone hand in hand with love and peace. Can't have one without the other, but we try to strive for a balance. Unfortunately, someone farts and makes the wind blow shifting the delicate balance from one side to the other. Then, either all hell breaks loose, or people get in their vans and strike out for California with guitars, flowers and weed. Jan 22 06 06:12 am Link Hamza wrote: Beat me to it. lol Jan 22 06 06:54 am Link Hamza wrote: I don't need to use Paypal. Besides, I've already spent a tone of money to create my own software program that provides all that I need. It's better to have a merchant account than to use Paypal. They would very likely not approve of all my photography and music anyway! Jan 22 06 12:22 pm Link Good luck to you. I went through this with Paypal where they shut down my account then held my funds for several months. Jan 22 06 12:31 pm Link DJTalStudios wrote: I'm not ready to call in the reinforcements yet ... but it is Card Service International, which has been alright until this guy in Orange County, CA started freaking out over my sales. The other two people I'm communicating with are on the East Coast. They say that if it comes down to them against him, they will override him. But I am shopping around anyway. Just knowing there is a person against what I do is enough to make me uncomfortable with future dealings. There are other companies that do the samething that this company does ... and that is to provide the gateway for my credit card transactions. Otherwise, I would have to go directly to Visa, MC, etc, and that would be costly! DJTalStudios wrote: I agree! Plus they will keep your money if they feel like it! DJTalStudios wrote: Some of us are fighting for our rights. Like when I refuse to show invoices without a court order. Wire tappiing without a court order is against the law too! DJTalStudios wrote: That is true and it is disgusting that there is so much hatred and fear in this once great Nation. Compassionate Conservatism? What a joke! I don't hate anyone, and I can hardly wait for those who currently rule this country based on fear are out of office and in jail. I have no fear of speaking out against Bush and his administration. That "right" is still in the constitution. Jan 22 06 12:50 pm Link Wild Horse Photography wrote: At first he was not able to pull up my website. Now he can. AV PHOTO From the way this guy writes e-mails in reply to me, I'd say that he barely has a high school education! What really makes me laugh is how he was interpreting the copyright and credit card laws! Where did he get a law degree? From a Cracker Jack box? Jan 22 06 12:58 pm Link DJTalStudios wrote: Well you are a REAL Hero as opposed to these rich and fat corporate puppets we have in the current administration. I met and photographed George Bush Sr. and happen to know that even he is disgusted with the way his son has handled the Iraq War. The Gulf War was different, and he knows it! Think about it! We had people with military experience plan the Gulf War. The Iraq War was at first planned by experienced military who wanted to go in full force or not at all ... and Bush W overrides all those plans for his FAT Corporate sponsors who know shit about War! Jan 22 06 01:07 pm Link What does this have to do with photography? It has to do with how we collect our money online! I don't want to use CCBill because of their strong affiliation with the porn industry. I don't want to use Paypal because they will not allow an artist friend of mine to sell his own painting of nude women. So if I want to shoot something that is for a glamour nude site, OR if I wish to shoot clothed teens for a website ... I'm in a tight spot as to how to conduct a perfectly legal business because of certain people who wish to stop me because it does not fit with their morals! Jan 22 06 01:14 pm Link There is more background I should tell you. The person investigating me for CSI (Card Service International) and I had gotten into a conversation on third party billing. Some of you may remember that I was going to be doing hosting and billing for others? Well, I didn't launch that business after all. I wanted to see how it would work first for me. Anyway, I just asked this guy questions about providing billing for a "friends" website, and that is when he started accusing me of doing third party billing. I then asked "what if" I were to hire/pay the other photographer for his work and use the content for my own website? What if I were to create a LLC and he were on the board? I was only trying to learn what is legal and how to go about forming a network of others like myself who need support of a group. I just want to work with other people like myself, who are artists. But the question came up of "why can't the other person get their own merchant account?" This man gave me misinformation, and I also could tell after making the mistake of engaging in conversation with him that he is very much of the "traditional" business style. He finds it very scary that photographers would get together to support each other online. When I told him of my ideas, he did not like the idea that I wanted to unite people in some sort of network. Yet there are large companies who do exactly that! There are other people who understand and appreciate what I am trying to do. However, I need to be careful because there are also others who do not wish to see someone like me become a success. Sometimes I talk too much! LOL Jan 22 06 03:35 pm Link Patrick Walberg wrote: Lol. I tell you man, employers need to test their candidates a lot better than they do now. For example, it's a ridiculous idea, but almost necessary given the quality of employees the schools these days are producing. Jan 22 06 04:09 pm Link Wild Horse Photography wrote: Man, you are so right! Most people I come across in this business are into working "with" a customer. They like the idea that I am going to succeed ... that I have projections of reaching $100,000 a month in 3 months time ... that I want to build a website as successful as omp, Model Mayhem, or MySpace .. but slightly different. Also the fact that I can't do it by myself is to be understood too! I need to involve other photographers, writers, webmasters, and that scares some people when we get together! The fact that he would tell me that I cannot "help" a friend who is also a photographer because then the "product" is not mine ... shows that persons ignorance regarding partnerships and networking. I have to give up on the idea of providing billing for others ... at least until I overcome this obstacle. The guy who against me is looking at his position as one of protective authority ... working to prevent people who have ideas from reaching for their dreams. The other people, even those working for the same company ... understand and are excited that I want to do something BIG and SUCESSFUL!!!! They want to be a part of working "with" me which is what customer service is about. We can go farther working together than being cynical or suspicious of others all the time. I am learning about this credit card business and how it works. I have nothing to hide. So when I ask questions, I don't like to be put on the defensive about what I do, as if I'm doing something wrong. If I am doing something wrong, then don't attack me. No, I'm not perfect, and I am being as honest as possible. But I speak my mind and it's too bad if some people don't like it! Too bad this one person doesn't see it, but he is just a speed bump in the road while I continue to reach my business goals. Jan 22 06 04:29 pm Link Dude I saw your site, there is no reason for your funds to be withheld. I smell a lawsuit on your part... Harrassment! Not only do you sue the company the moron works for, you sue the moron himself, his superiors, and their superiors! Have an attorney send them a letter and see how fast they give you your money! Jan 22 06 04:44 pm Link Patrick Walberg wrote: Patrick, here's a tip man. It's just a good idea to keep those kind of aspirations on the down low and save all the pent up joy and excitement right up to the moment when you're officially ready to unleash your solution, or product to the world. Jan 22 06 04:59 pm Link Yup, just about everything you do that's transmitted electronicly is monitered at sometime, somewhere in this country. Haveing been in the oxymoron( military intelligence) for sometime: it's unbelieveable the amount of crap thats filtered through everyday in the hopes they'll find a diamond in the dirt. The sad part is the heavy reliance on electronic intelligence is misleading; as it will never be as good as a person working contacts personally, or being able to get inside an organization and reporting off what they find. I still can't believe that Bush and Rice tried to play pin the tail on the donkey with George Tenet. That man has more smarts in one finger then both of them put together. Paul Jan 23 06 02:19 pm Link An update to this thread! I have found at least 5 companies that would like to work with me in providing a merchant account. If you are interested, I will e-mail that list to anyone who messages me for it. I will not post it here for obvious reasons! It's the terrible feeling that my being a photographer of models is something that makes me "suspect" in the eyes of anyone in authority within the banking industry. Big business will continue to dominate the market. It's not good enough income to be a "mom and pop" size business anymore. I see that the best thing I can do is to incorporate my business into a LLC and to keep moving forward with my plans. It cost only $275 to file for an LLC here in California. This will put me in a much stronger position with the credit card companies! Honestly, I would rather be shooting than anything else, but I will not have anyone dictate what I shoot. If I can't sell the work ... then I can't afford to shoot it anyway! Jan 24 06 08:09 pm Link |
