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John Gilmore Sues Ashcroft et al. for Freedom to Travel

ChTom writes "John Gilmore initiated a federal suit today in CA Northern District against Ashcroft, et al, challenging the air travel ID requirement: http://cryptome.org/freetotravel.htm (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. )"

19 of 670 comments (clear)

  1. predicted result by Necron69 · · Score: 3, Interesting

    Assuming this case isn't dismissed, my bet is the court says you have the right to domestic travel anywhere you like - by car or on foot.

    - Necron69

  2. but, but by eric6 · · Score: 2, Interesting
    well, i suppose if the government is going to bail out airlines after four days (dear god, no!) of missed business, they establish an incredible leash by which to yank the industry around.

    I'm going to start up an independent line of airports and airlines, just to show 'em. Coming soon, you just wait.

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  3. Screw him by Reality+Master+101 · · Score: 1, Interesting

    The site is Slashdotted, but assuming the description is accurate, this guy needs to get a clue. He's the worst sort of Libertarian and the reason that I do NOT ascribe to their philosophy.

    You have no "rights" when it comes to using a private service, namely an airline. Airplanes are fragile devices, and if it enhances safety to insist that people identify themselves, then so be it.

    This reminds me of an argument I once had with a Libertarian. He insisted that it was his right to fire guns at people -- right until he hit someone. Until then, no one had the right to stop him.

    I wouldn't be surprised if Gilmore also insisted it was his right to carry automatic weapons onto the plane, as long as he didn't use them.

    His right to travel does NOT depend on the technology used to travel. He is welcome to get in his car, on his horse, or on his feet.

    Or, dare I say it, do the Libertarian solution: start his own airline without ID checks.

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  4. The truth about the ID requirements by one-egg · · Score: 5, Interesting
    The simple truth about the ID requirements is that they are not there to prevent terrorism. They are there to prevent you the consumer from selling your ticket to somebody else.

    That's why the airlines never fought the rules, even though they are clumsy and inconvenient for ticket agents to enforce.

  5. Re:Nyet! by djrogers · · Score: 2, Interesting

    I defy you to cite one single example of a person being questioned and detained, let alone arrested, for questioning the legitimacy of an airport ID check. Seems you need to go back and read the article again, with special attention paid to tenses and assumptions made...

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  6. Re:Impediments. by Lemmy+Caution · · Score: 4, Interesting
    As an elite-status member of a frequent flier program, I have never been searched. And I've flown over 20 times this year alone, often to Latin America.

    I believe that the airlines screen out their frequent customers and "pick on" their non-frequent or one-time customers.

  7. Im gonna murder Linus Torvolds by Anonymous Coward · · Score: 0, Interesting

    This, i repeat this is NOT a joke. I am gonna murder the most wanted International Terrorist, Who makes that Operating System For terrorists, L*nux. Linus Torvolds.

    This is not a Joke, DO NOT MODERATE THIS POST!

  8. Re:Nyet! by SquadBoy · · Score: 5, Interesting

    http://www.csmonitor.com/durable/1998/08/13/p3s2.h tm

    Do I win?

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    Cypherpunks: Civil Liberty Through Complex Mathematics. Those who live by the sword die by the arrow.
  9. mostly in the southern US by Trepidity · · Score: 3, Interesting

    In several places along the western half of Interstate 10 (California, Arizona, New Mexico, Texas), all cars must exit and submit to random searches. They're mostly looking for smuggling of drugs and illegal immigrants.

    1. Re:mostly in the southern US by Anonymous Coward · · Score: 2, Interesting


      But, you can still travel, right?

      It depends on how much risk you want to live with. Here in San Diego, we have a Border Patrol checkpoint on all roads going north (Yes, north! (I guess we are officially considered to be in Mexico))

      A friend (perfectly legal US resident) made the mistake of getting on the wrong lane as he came up to one of these checkpoints, and the Border Patrol put him in the Hospital for a month.

      Yeah, he traveled.

  10. Re:Reality by Prior+Restraint · · Score: 5, Interesting

    "The reality of life in the US in the 21st century is that without ID checks and other security measures at airports, someone may fly the plane that you have a right to travel on into a building."

    The reality of life in the US in the 21st century is that with ID checks and other security measures at airports, someone did fly the plane that you have a right to travel on into a building.

  11. Re:Counterproductive and silly by bigpat · · Score: 3, Interesting

    counterproductive?

    Sounds like second guessing those that actually are fighting for basic freedoms. Of which the freedom to leave your home and travel to other places without harassment, suspicion and anal probes is a pretty basic one.

    It is stupid to call this action counterproductive, unless you honestly think the grounds for the action aren't solid. Because people have been convinced that these measures are good and proper that people have to fight them.

    Remember reason for a bill of rights was to protect the minority from the tyranny of the majority. To protect me from the whims of distant leader or morally irresponsible legislature and ultimately from you.

  12. Re:Nyet! by oni · · Score: 5, Interesting
    No matter what you may think of Neal Boortz, I think he has a good point when he proposes an Airline Traveler's Bill of Rights as follows:

    1. The right to be treated with dignity and courtesy by all government employees engaged in the screening process.
    2. One passenger ombudsman to be made available at all airport screening stations to mediate disputes between federal screeners and agents.
    3. No passenger will be separated from his baggage during the screening process. All screening of passenger carry-on items shall be handled in the full view of the passenger.
    4. All passengers traveling with family members shall have the right to have one adult family member present during all aspects of the screening process.
    5. Baggage screeners shall take extraordinary care to repack all items in passenger's luggage neatly and carefully.
    6. Seating shall be provided for all passengers who are required to remove their shoes in the screening process.
    7. Screeners shall be responsible for all damage to passenger's property during the search process.
    8. Screeners will not be permitted to search the contents of a wallet or other item carrying passenger's cash or credit cards without a supervisor present.
    9. All passengers who have personal items confiscated at the screening stations shall be provided with mailing envelopes for use in mailing seized items to passenger's home address. The passenger shall be permitted to place the item in the envelope, seal the envelope, and place the item in the U.S. mail at the screening station.
    10. The right to the immediate intervention and assistance of a local law enforcement officer in the event passenger suspects that a screener has stolen property of the passenger of if the screener has touched or groped the passenger in an inappropriate way.
    11. All screening stations shall be under constant video and audio surveillance and tapes of said surveillance shall be available to local law enforcement officers in the event of a dispute between passengers and screeners.
  13. Puhlease.. by encino · · Score: 2, Interesting

    How does it violate the constitution for a private company (airline) to verify an identity of a customer? If I open a restaurant on my land, I can legally and constitutionally check Ids of whomever I want before I let them in.

    While I realize that the line here is blurred since airports are mostly taxpayer funded and not private, it is still true that ultimately the travel takes place on private airlines owned by private companies who can ask IDs of whomever they please for letting people on their planes.

    Gilmore waxes in generalities about "travel in America" but this instance at airports is not the same as if the government stopped you in your car at every town and made you identify yourself. In that case, the car is owned by you, and so is the road, since you're a taxpayer. Therefore hands off, and rightfully so. But airplanes are expensive devices owned by private companies. They have a right to allow whoever they want in their expensive devices.

    Why can't the privately owned airlines check ID to protect their expensive vehicles? Yes, the government is helping the process, but ultimately no American is being force to identify themselves if they choose to travel using their own means of transportation.

  14. What is the correct question? by Chris-Moose · · Score: 2, Interesting

    I've read through almost 500 comments here, and I still don't understand how showing ID at the airport is supposed to help improve security.

    All that the ID would do is make the airlines able to say "We know who all of our passengers are" but that has nothing to do with security! Every single one of the hijackers on Sept 11th passed this sort of ID check. In fact the ID check is so useless that a couple of the hijackers had their visas renewed, six months AFTER they were dead. That shows you just how efficient the government is in even checking the lists it already has.

    The real question that the government should be investigating is "Is this person a threat to the safety of the aircraft and the other passengers?" Knowing names isn't much help for that. Checking for any possible weapons is. To do that, the following steps need to be done:

    - ALL baggage needs to be checked for the presence of any explosives or other devices that could be a threat to the aircraft itself.
    - ALL passengers and carry on luggage must be checked for the presence of weapons or anything that could harm the aircraft or other passengers.
    - All aircraft need to be searched before each flight for pre-placed weapons or explosives, or else sealed so that no unauthorized people would have access to the aircraft. aircraft sealed like that would still need to be searched on a regular basis, possibly as part of the routine daily maintenance.
    - All airport personnel, both government and civilian need to have regular security checks. I would suggest a background check by the police before they could be hired, and then a physical search before being allowed into the secure area of the airport.

    Anyone else see anything I've missed?

  15. I sincerely can't believe the sheer amount of... by Anonymous Coward · · Score: 1, Interesting

    ill-informed opinion on basic rights shown by the vocal majority of this blog! It is truly scary. Everyone here needs to go to the ACLU web site now to download, read, and remember your basic rights here in the U.S.A. Start with the Know Your Rights phamphlet.

  16. Re:You owe the Oracle a "get out of jail free" car by 1u3hr · · Score: 3, Interesting
    Right. A deep-cover al Qaeda suicide terrorist dressed as a pilot with perfect IDs is going to draw attention to himself by bitching about security.

    Meanwhile, airlines are pushing to give easy wave-throughs to business-class travellers, while harassing economy-class more. Of course, the 9-11 terrorists WERE travelling in business class exactly to be closer to the cabin.

    All window-dressing.

  17. Airlines need ID by Quixote · · Score: 5, Interesting
    This prolly will stay at score 2, but here's the scoop on the IDs: the Airlines started asking for IDs, and not the FAA. This is because they wanted to kill the resale market in tickets. Speculators were buying/selling tickets, and cutting the airlines out of the profits. To prevent this, the airlines started asking for IDs to make sure that the person who bought the tickets was indeed the one flying.

    An ID makes absolutely no difference to the security . The perps of 9/11 all had valid IDs. Some posters say that they had "deportation orders" against some of them; even so, it wouldn't have made a difference because airlines don't check against any 'deportation lists'. Even if they did, I can get a passable fake Drivers License for a couple of 100 bucks. And what does the gate attendant in, say, Boston know about an (say) Alaskan DL? They all look different! The airline attendants don't specialise in ID verification; they are ticket agents, for crying out loud!

  18. non-commercial by hpavc · · Score: 2, Interesting

    what sort of identification do you need to present to fly your own plane from point a to point b in the usa?

    i know you have to file some plans and what not with the airports and agencies involved. But do you need to inform them of the identities of the passengers and such?

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