How Do We Stop the South African Billionaire?

Take 30 seconds, demand the Treasury Department comply with the Privacy Act of 1974, and help spread the word—here's how

After “How do we stop Trump?” the second most common question I’ve received this week is “How do we stop Musk?” As you may know, Trump’s Treasury Secretary Scott Bessent granted Elon Musk full access to sensitive Treasury data, after which Musk’s cronies blocked out government officials from their own systems. This is blatant corruption. It is a coup. And while we continue to wait for Democratic leadership to act, what can we as ordinary citizens and residents of this nation do? Enter the Privacy Act of 1974 and a thoughtful piece published by my colleague and fellow lawyer Elizabeth Booker Houston. Let’s Address This.

The definitely not unstable billionaire illegally accessing our private data. [Photo Credit: Jim Watson / AFP via Getty]

Clear Privacy Violations

The situation is certainly dire. Musk, a private billionaire with no official government position, now has direct access to:

• Federal grant and loan distributions

• Social Security and Medicare benefits records

• Government contractor payments, including those that compete directly with Musk’s companies

As do his cronies. WIRED reports the mortifying fact that:

A 25-year-old engineer named Marko Elez, who previously worked for two Elon Musk companies, has direct access to Treasury Department systems responsible for nearly all payments made by the US government, three sources tell WIRED. Two of those sources say that Elez’s privileges include the ability not just to read but to write code on two of the most sensitive systems in the US government: The Payment Automation Manager (PAM) and Secure Payment System (SPS) at the Bureau of the Fiscal Service (BFS). Housed on a top-secret mainframe, these systems control, on a granular level, government payments that in their totality amount to more than a fifth of the US economy.

And, finally, given Musk’s extensive foreign ties to foreign nations, including hostile nations, for all we know our data is being shared/sold/exploited globally. This level of blatant privacy violation is unprecedented in our nation’s history. What is precedented, however, is illegal governmental use of our private data. Enter the Privacy Act of 1974. My esteemed colleague and fellow attorney Elizabeth Booker Houston writes:

The spirit of this law is rooted in presidential drama and corruption. It was passed as a direct result of the Watergate Scandal which uncovered the federal government’s scheme of illegally investigating and maintaining records about individuals. So in an effort to provide transparency to the public and an assurance that the government would not misuse records about us all, the Privacy Act of 1974 was born.

She likewise posted an excellent step every American should take—and its costs nothing but 30 seconds of your time. To help protect our privacy and demand accountability of Musk, use this template to email the U.S. Treasury Department asap.

Act to Demand Privacy Protection

Email to privacy@treasury.gov with the following Subject Line and full email. Sign your name and contact information at the bottom, and finally, forward this to everyone you know to do the same. Simply copy/paste the below into an email and hit send.

Subject Line: Civil Liberties Complaint

Hello,

I am making a civil liberties complaint under the Privacy Act of 1974, 5 U.S.C. § 552a. It has been brought to my attention that Elon Musk and his associates, under the guise of a directive of the Department of Government Efficiency (DOGE) (an IT office in the White House), have acquired access to Treasury Department Records in Systems of Records as defined in the Act. As an individual covered by the Act, I believe that there may be records about me in these Treasury Department systems, and I am concerned for the following reasons:

1. Elon Musk is not an elected official.

2. Even if Musk were an elected official, the System of Records Notices (SORNs) governing the Treasury Department Privacy Act systems do not allow for disclosure to Musk and his associates per the Routine Uses.

3. Disclosure of personally identifiable information (PII) and sensitive personally identifiable information (SPII) to Musk and his associates would be an unauthorized disclosure and therefore breach of information.

The Treasury Department must (1) quickly investigate what Privacy Act records that Musk and his associates have unlawfully accessed, (2) reveal to the public what unauthorized disclosures were made, (3) stop further access, (4) force any files acquired by Musk and his associates to be returned and/or permanently destroyed, and (5) seek criminal penalties against Musk and his associates for violations of the Act.

Sincerely,

[INSERT NAME AND CONTACT INFORMATION]

And likewise, know that we are not alone in raising our voices and demanding accountability. Newsweek reports that several unions and advocacy organizations have already filed suit to stop Musk from further accessing our private information:

Two unions and one advocacy group have filed a lawsuit to prevent billionaire Elon Musk's Department of Government Efficiency (DOGE) from accessing the highly sensitive U.S. Treasury payment system. The lawsuit, filed in federal court in Washington, argues that Musk's team is using the system in violation of multiple privacy laws, including 1974's Privacy Act, and other regulations that dictate who is authorized to access the network.

These Unions and orgs are The Alliance for Retired Americans, the American Federation of Government Employees (AFGE), and the Service Employees International Union (SEIU). And while the aforementioned lawsuit names Treasury Secretary Scott Bessent, the Department of the Treasury, and the Bureau of the Fiscal Service as defendants in this civil suit, the Privacy Act of 1974 allows for the assessment of criminal penalties against individuals who illegally access our privacy data and knowingly disseminate that data.

Conclusion

No one act is a magic wand to stop the onslaught of fascism, but collective action is critical to mounting a meaningful response. With more than 100,000 subscribers to Let’s Address This, I am hopeful we have at least tens of thousands of emails sent to the U.S. Treasury Department, demanding application of the Privacy Act of 1974. And once you’ve emailed in your personal capacity, share this on social media with your network, with your family circle, and with your network of influence. And likewise subscribe below to support this advocacy. It is critical we continue to raise our voices to the government to redress our grievances, as the First Amendment allows and protects. Let us do so while we still can.