IP: Gilmore v. Ashcroft -- FAA ID Challenge Secret rule demanding 'Your Papers Please' claimed unconstitutional

[Dave Farber <dave () farber net>]

[ As per usual , comments entertained for IP djf]

18 July 2002 

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Gilmore v. Ashcroft -- FAA ID Challenge

Contents 

Date    Document    URL
18 July 2002    Announcement
18 July 2002    Complaint    http://cryptome.org/gilmore-v-usa-cid.htm
18 July 2002    FAQ    http://cryptome.org/gilmore-v-usa-faq.htm

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July 18, 2002 

AIR TRAVELER ID REQUIREMENT CHALLENGED

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 

-end- 

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