DOJ argues for secret law.

[David Farber <dave () farber net>]

Begin forwarded message:

From: "Trei, Peter" <ptrei () rsasecurity com>
Date: September 7, 2004 2:15:35 PM EDT
To: dave () farber net
Subject: DOJ argues for secret law.

For IP, if you wish....
The precedent this would set is mind-boggling.

Peter Trei
--------------------

http://www.cnn.com/2004/LAW/09/06/airline.id.ap/index.html

Government wants ID arguments secret

SAN FRANCISCO, California (AP) -- The U.S. Department of
Justice has asked an appellate court to keep its arguments
secret for a case in which privacy advocate John Gilmore
is challenging federal requirements to show identification
before boarding an airplane.

[...]

"We're dealing with the government's review of a secret
law that now they want a secret judicial review for,"
one of Gilmore's attorneys, James Harrison, said in a
phone interview Sunday. "This administration's use of
a secret law is more dangerous to the security of the
nation than any external threat."

[...]

"How are people supposed to follow laws if they
don't know what they are?" Harrison said.

The government contends its court arguments should
be sealed from public view and heard before a judge
outside the presence of Gilmore and his attorneys.
The government, however, said it would plan to file
another redacted public version of its arguments.


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