The Bank Secrecy Act authorizes the Treasury Department to require financial institutions to maintain records of personal financial transactions that "have a high degree of usefulness in criminal, tax and regulatory investigations and proceedings." It also authorizes the Treasury Department to require any financial institution to report any "suspicious transaction relevant to a possible violation of law or regulation." These reports, called "Suspicious Activity Reports" are filed with the Treasury Department's Financial Crimes Enforcement Network ("FinCEN").

This is done secretly, without the consent or knowledge of bank customers, any time a financial institution decides that a transaction is "suspicious." The reports are made available electronically to every U.S. Attorney's Office and to 59 law enforcement agencies, including the FBI, Secret Service, and Customs Service. A law enforcement agency does not have to be suspicious of an actual crime before it accesses a report, and no court order, warrant, subpoena, or even written request is needed. Law enforcement agencies can, and allegedly do, download the entire harvest of new information from FinCEN whenever they want it.