Big brother on the consumer audit trail. As Chairman of the SEC, Gensler unleashed the ultimate “big brother” action overseeing the largest government-mandated mass collection of personal financial data in American history. Without any statutory authorization from Congress, SEC is forcing brokers, exchanges, clearing agencies and alternative trading systems to capture and send detailed information on every investor’s trades in U.S. markets to a centralized database, which SEC and private regulators can access forever (but whose security they cannot ensure).
Who needs Congress or the Supreme Court?! Richard Cordray, former Chief Operating Officer of Federal Student Aid at the Department of Education, couldn’t take no for an answer. The Supreme Court called him out when he tried to “pass a law” affecting millions of Americans and costing an estimated $400 billion. But pay no mind to the nation’s highest Court or the fact that the last time we checked Mr. Cordray wasn’t a member of Congress. Seemingly unfettered by the Constitution or a Supreme Court loss, he cooked up more unlawful loan forgiveness schemes. Maybe student loan forgiveness is a good policy; maybe it’s not. But it is unequivocally the job of Congress, not Richard Cordray, to make that call. Meanwhile, parents of college-bound students were stymied by the botched rollout of FAFSA “simplification.”