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AIR TRAVELER ID REQUIREMENT CHALLENGED
CRYPTOME.org ^ | July 18, 2002 | Gilmore vs. Ashcroft

Posted on 07/18/2002 2:36:22 PM PDT by E. Pluribus Unum

Secret rule demanding 'Your Papers Please' claimed unconstitutional

San Francisco - Civil libertarian John Gilmore today challenged as unconstitutional a secret federal rule that requires domestic US travelers to identify themselves.

"United States courts have recognized for more than a century that honest citizens have the right to travel throughout America without government restrictions. Some people say that everything changed on 9/11, but patriots have stood by our Constitution through centuries of conflict and uncertainty. Any government that tracks its citizens' movements and associations, or restricts their travel using secret decrees, is violating that Constitution," said Gilmore. "With this case, I hope to redirect government anti-terrorism efforts away from intrusive yet useless measures such as ID checks, confiscation of tweezers, and database surveillance of every traveler's life."

At issue is a series of secret security directives issued by the Federal Aviation Administration and/or the Transportation Security Administration (TSA), in consultation with the Department of Justice and the Office of Homeland Security. The directives appear to require US airlines to demand identification before allowing customers to travel. Because the directives are secret, no citizen actually knows what they require.

On July 4, Southwest Airlines staff prevented Gilmore from boarding a pre-paid flight from Oakland to Washington, D.C, where he intended to petition the government to alter the ID check. He then went to San Francisco International Airport and tried to purchase a similar ticket on United Airlines. Both airlines, though unable to identify any actual regulation requiring him to identify himself, prevented him from flying. United stated that they were following an unwritten regulation that had only been communicated to them orally, and which changes frequently.

"History shows many abuses when government agents can demand 'your papers, please!'" said Bill Simpich, an Oakland civil rights lawyer, and lead attorney in Gilmore's suit. "TSA plans to deploy 'CAPPS II' later this year. This will use your ID to search in a stew of databases like credit records, previous travel history, criminal records, motor vehicle records, banks, web searches, and companies that collect personal information from consumer transactions. Your life history will be gathered and scanned, using secret criteria, whenever you book a flight or arrive at an airport. If the machine decides you're a risk, the airline will not let you fly, and federal cops will show up to interrogate you. They will probably tell you that you were 'randomly' selected for all this attention, but they will be lying."

Gilmore v. Ashcroft, filed today in Federal Court for the Northern District of California, challenges every secret regulation that demands identification from innocent citizens, or restricts their domestic travel. Such regulations are unconstitutional because they are unpublished; require government agents to search and seize citizens who are not suspected of crimes; burden the rights to travel, associate, and petition the government; and discriminate against those who choose anonymity. The case also argues that because the regulations are secret, they violate the Freedom of Information Act.

Mr. Gilmore is a businessman, civil libertarian, and philanthropist. He was the fifth employee of Sun Microsystems, an early author of open source software, and co- creator of the Electronic Frontier Foundation, the Cypherpunks, the DES Cracker, and the Internet's "alt" newsgroups. He serves as a director on several for-profit and nonprofit boards.

The legal complaint, FAQ, and other case documents can be found at:

http://cryptome.org/freetotravel.htm

Contacts:

John Gilmore - plaintiff
+1 415 221 6524

William Simpich - lead counsel
+1 510 444 0226

David Greene - First Amendment Project. Contact FAP for comments on the burdening of the right to petition the government.
+1 510 208 7744

Linda Ackerman - Privacyactivism.org. Contact for CAPPS I and II profiling issues.
+1 415 215 9351


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: airseclist; yourpapersplease
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To: TankerKC
You totalitarian government wimps are all alike. Anything the government demands in the name of "safety" or "the children" is fine with you.
61 posted on 07/19/2002 11:27:18 AM PDT by E. Pluribus Unum
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To: TankerKC
You totalitarian government wimps are all alike. Anything the government demands in the name of "safety" or "the children" is fine with you.
62 posted on 07/19/2002 11:27:20 AM PDT by E. Pluribus Unum
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To: TankerKC
You totalitarian government wimps are all alike. Anything the government demands in the name of "safety" or "the children" is fine with you.
63 posted on 07/19/2002 11:27:20 AM PDT by E. Pluribus Unum
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To: E. Pluribus Unum
Where would you like to meet?
64 posted on 07/19/2002 11:28:41 AM PDT by E. Pluribus Unum
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To: E. Pluribus Unum
Hey. I got you the first time.

Again, you don't know a thing about me or what I believe. You are completely off target. Give it a rest.

65 posted on 07/19/2002 11:29:09 AM PDT by TankerKC
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To: E. Pluribus Unum
You an an angry man, aren't you. Once again, you have proven that you have no grasp on reality. Settle down and talk issues.
66 posted on 07/19/2002 12:05:40 PM PDT by TankerKC
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To: TankerKC
The issue is that airports are the incubator for the police state to come. The right to travel freely without accounting for your whereabouts is a fundamental tenet of freedom. Without it, we are all prisoners.

Why do the minimum-wage airport gestapo need to know who you are if they are going to x-ray you and do a body-cavity search?

Because the government has bigger plans. Much bigger plans. Where will you draw the line in the name of "security?" An ankle-bracelet with a GPS device that allows your whereabouts to be tracked at all times? The only people who would object to that, after all, are people who have something to hide, right?

It makes me so angry that people who have lived all their lives in a free country will have no idea what they had until it is gone. I'm old enough that it won't really make that much difference to me. I pray to God that you are young enough to suffer the full consequences of your smarmy self-rightteousness someday when it is too late.

67 posted on 07/19/2002 12:49:47 PM PDT by E. Pluribus Unum
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To: E. Pluribus Unum
Look, I'm gonna tell you once last time: You know nothing about me. You have no basis for calling me self-righteousness, to wish bad things on me, and, especially, to wish things jammed in my a$$ (as suggested in your since removed post).

I posted to make the point that this article was written in a sensationalized style. That’s it.

68 posted on 07/19/2002 1:01:52 PM PDT by TankerKC
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To: TankerKC
I posted to make the point that this article was written in a sensationalized style. That’s it.

Oh, you were commenting on the style rather than the substance? Very shallow of you. Thanks for your time.

69 posted on 07/19/2002 1:04:08 PM PDT by E. Pluribus Unum
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To: E. Pluribus Unum
I can just see your smarmy lips swishing when you say "your since-removed post." I bet you loved being hall monitor in grade school, didn't you?
70 posted on 07/19/2002 1:21:26 PM PDT by E. Pluribus Unum
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To: E. Pluribus Unum
Fuck you.
71 posted on 07/19/2002 1:34:27 PM PDT by TankerKC
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To: E. Pluribus Unum
I won't be running to the hall monitor. Unlike you.
72 posted on 07/19/2002 2:12:36 PM PDT by E. Pluribus Unum
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To: dennisw
Well if you cannot give me any reasons why your position is the superier one, then all I can say is that I tried to discuss this. Your debate skills belong in the third grade. Have a nice day.
73 posted on 07/19/2002 3:46:02 PM PDT by realpatriot71
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To: realpatriot71
I debate and post on my own terms, not your losertarian terms ....... FLUSH! Go listen to yer Grateful Dead tapes and fire up a bowl cowardly loser.
74 posted on 07/19/2002 3:58:59 PM PDT by dennisw
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To: realpatriot71
I debate and post on my own terms, not your losertarian terms. Go listen to yer Grateful Dead tapes and fire up a bowl, cowardly loser. Real men make societies, protect their women, and restrain indulgent ego trips. And show ID at airports.

....... FLUSH!

75 posted on 07/19/2002 4:03:05 PM PDT by dennisw
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To: E. Pluribus Unum
Uuhhhh... If it's a "secret rule", then why do they ask for ID every time I board a plane? I mean, if it were a secret, then doesn't asking me for ID kinda let the cat out of the bag? It's not much of a "secret rule" when everybody knows you have to show ID.

BTW: If the airlines themselves make it their company policy to ask for ID, then any rule, secret or otherwise, is moot.
76 posted on 07/19/2002 4:08:11 PM PDT by Redcloak
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To: dennisw
I debate and post on my own terms, not your losertarian terms.

Yes, it appears so, but it is quite sad that these terms were written on a gradeschool playground, and for whatever reason your real (ha!) "manliness" has seen fit to let them stay there.

Your posts have been nothing but ad hominem fallacy (look it up). If you cannot even support the underlying principle of your position in a reasonable and logical manner that can be discussed, why do you even post? To disrupt?

BTW - I hate the grateful dead and I haven't smoked a bowl since I started medical school - go figure . . .

77 posted on 07/27/2002 7:27:42 AM PDT by realpatriot71
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