17
Sep
2004

Flight ID Rules Fuel Fresh Furor

Secret Laws and YOU: Flight ID Rules Fuel Fresh Furor

Source:
http://www.wired.com/news/privacy/0,1848,64866,00.html?tw=wn_tophead_2

Flight ID Rules Fuel Fresh Furor

By Ryan Singel zzz|

02:00 AM Sep. 08, 2004 PT

Lawyers for privacy advocate John Gilmore, who is pursuing a lawsuit challenging the government's alleged requirement that airlines ask passengers for identification, are filing a motion late Tuesday seeking to keep the case open to public scrutiny.

The motion opposes the federal government's request to present its rebuttal of Gilmore's case to the court alone and in secret. Justice Department lawyers made the request (.pdf) to the 9th Circuit Court of Appeals in San Francisco on Friday, saying that if the requirement to demand ID exists, it would be in a security directive that is classified as "sensitive security information" that it could not
reveal in open court. The government did say, however, it would also file a redacted version of its arguments publicly.

Gilmore first challenged the constitutionality of requiring airlines to ask passengers to show identification in U.S. District Court in San Francisco in July 2002, but the government refused to tell that court whether the rule existed.

However, the government acknowledged that if the requirement did exist, it would be in a secret security directive that would have to be challenged in an appeals court.

U.S. District Judge Susan Illston heeded that argument when she finally dismissed the original lawsuit on jurisdictional grounds in March, 14 months after hearing arguments in the case. Illston ruled that "federal law vests exclusive jurisdiction in the Court of Appeals over an order issued by the TSA (Transportation Security Administration) or FAA (Federal Aviation Administration)."

Gilmore appealed the dismissal in mid-August.

Jim Harrison, one of Gilmore's attorneys, lambasted the government's latest request and called it "radical" in Tuesday's filing.

"Secret court proceedings about secret laws make for a dangerous environment," Harrison said in a phone interview. "Just take a look at history."

Lucy Dalgish, executive director of The Reporters Committee for Freedom of the Press, described the government's request for a secret hearing, in which Gilmore's attorneys would not be present, as "absolutely ridiculous."

But she said she was not surprised, given the growing number of secret hearings post-9/11.

"This is a government and administration that places an incredibly high value on secrecy," Dalgish said. "All brilliant legal arguments aside, what do they think they are doing? This has gotten to the point of being nutty."

A Justice Department representative did not return a call for comment.

A spokeswoman for the Transportation Security Administration -- which is responsible for classifying security directives related to transportation -- was unable to provide comment by press time.

Harrison also argues in his filing that the government should not be allowed to introduce new evidence in the appeals court, which traditionally reviews the merits of a lower court's decision without allowing new evidence.

Government lawyers asked the appeals court to rule on its motion for the secret hearing by Sept. 15, which is the deadline for the government's response to Gilmore's appeal.

The case is known as Gilmore v. Ashcroft.


"FREEDOM THROUGH COMPLIANCE"
-US Department of Homeland Security
http://welcome.to/HomelandSecurity1


Informant: Jeff Greenspan
logo

Omega-News

User Status

Du bist nicht angemeldet.

Suche

 

Archiv

September 2004
Mo
Di
Mi
Do
Fr
Sa
So
 
 
 
 
 
 

Aktuelle Beitr├Ąge

Effects of cellular phone...
http://www.buergerwelle.de /pdf/effects_of_cellular_p hone_emissions_on_sperm_mo tility_in_rats.htm [...
Starmail - 27. Nov, 11:08
Cardiac Effects of Natural...
http://groups.google.com/g roup/mobilfunk_newsletter/ t/54583fad05bdd0f6 http:/ /www.buergerwelle.de:8080/ helma/twoday/bwnews/storie s/7958/ http://omega.tw oday.net/search?q=electrom agnetic+fields http://omeg a.twoday.net/search?q=carc inog http://omega.twoday.n et/search?q=cardiac http:/ /omega.twoday.net/search?q =melatonin...
Starmail - 25. Apr, 08:19
Facts and Fiction about...
http://groups.google.com/g roup/mobilfunk_newsletter/ t/beee27b8e97546a5 http ://omega.twoday.net/search ?q=melanoma http://omega.t woday.net/search?q=Hallber g http://omega.twoday.net/ search?q=Johansson http:// omega.twoday.net/search?q= Philippe+Hug
Starmail - 15. Mrz, 17:12
Wird die Knesset mit...
http://www.next-up.org/pdf /Wird_die_Knesset_mit_Mikr owellen_verstrahlt_19_11_2 009.pdf http://omega.tw oday.net/search?q=cluster http://omega.twoday.net/se arch?q=Mikrowellen
Starmail - 15. Mrz, 17:08
Implant "chip-a-thon"...
http://www.katherinealbrec ht.com/blog/implant-chip-a -thon-as-fundraiser-agains t-cancer/...
Starmail - 15. Mrz, 17:06

Status

Online seit 5076 Tagen
Zuletzt aktualisiert: 27. Nov, 11:08

Credits

vi knallgrau GmbH

powered by Antville powered by Helma

twoday.net AGB