Re: Good comments on (djf) fingerprinting in Japan

[David Farber <dave () farber net>]

Begin forwarded message:

From: Jonathan Weinberg <weinberg () msen com>
Date: November 23, 2007 1:50:59 PM EST
To: David Farber <dave () farber net>
Subject: Re: [IP] Re:   fingerprinting in Japan



	Joi's absolutely right (as were other folks who wrote to me off-list)  
that the US does requires photography and fingerprinting from folks  
*applying* for immigrant visas and green cards -- so it would be wrong  
to say that the US program is much  less privacy-intrusive than  
Japan's just by virtue of not requiring "every time" fingerprinting  
for green card holders.  (Joi's also right that the US program is  
broader than Japan's in that DHS makes even folks just passing through  
as transit visitors satisfy full visa and fingerprinting requirements,  
and in his broader point that US citizens complaining about Japan's  
program are finding a mote in another's eye while ignoring the beam in  
their own.)

	There's still something interesting going on here, though, regarding  
"every time" fingerprinting for green card holders.  Japan has  
instituted "every time" fingerprinting for permanent residents *even  
though* permanent residents in Japan have already been fingerprinted  
and photographed for their alien registration cards.  That approach is  
consistent with a key professed reason for the US fingerprinting  
requirement, which is to ensure that the person presenting herself at  
the border is the same person to whom the travel documents were  
issued.  If the US DHS really, really took seriously its desire to  
make sure that people weren't entering the US with forged or stolen  
green cards, it would require "every time" fingerprinting of permanent  
residents just as Japan seems to be doing.  But it's apparently  
decided that it doesn't want to deal with the political fallout of  
such a move; in terms of their ability to push back politically, folks  
entering the US on temporary visas or through the Visa Waiver Program  
are an easier target.

Jon


Jonathan Weinberg
Professor of Law, Wayne State University
weinberg () wayne edu

> From: Joichi Ito <jito () neoteny com>
> Date: November 22, 2007 4:26:14 PM EST
> To: dave () farber net
> Cc: ip () v2 listbox com
> Subject: Re: [IP] Re:   fingerprinting in Japan
>
> The US requires fingerprints for many kinds of visas including some  
> benefits for permanent residents. Also, I think they require a  
> photograph showing your earlobe as another biometric. It's on your  
> card. It is slightly different from requiring a finger print every  
> time you enter the country, but it's not really true that  
> "fingerprinting requirements don't apply to permanent residents."
>
> See: 
> http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=b6629c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=b6629c7755cb9010VgnVCM10000045f3d6a1RCRD
>
> Also, as far as I know, the Japanese are not fingerprinting transit  
> passengers. My understanding is that even if you are just connecting  
> via a US city, you still have to fill out the forms and get scanning.
>
> Basically I think that expecting us to go through US fingerprinting  
> to visit the US, then deciding not to go to Japan because of  
> fingerprinting is slightly hypocritical unless you have been vocally  
> opposed to the fingerprinting in the US.
>
> Anyway, maybe this is a good opportunity for American who travel to  
> Japan to take a good look at what the US does to its visitors and be  
> reflective. I think a lot of Japanese government behavior just  
> tracks what the US does and often is "encouraged" by the US. See  
> crypto exports, the new Japanese corporate law or "JSOX" and  
> copyright terms for other examples.
>
> - Joi

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