Government Asks Court to Keep ID Arguments Secret
RobXiii writes " CNN has a story on privacy advocate John Gilmore (Co-founder of the EFF) taking the federal government to court, to stop the requirement of ID for in country flights. In an ironic twist, the U.S. Department of Justice is asking the court to keep its argument for the secret law secret. How are we supposed to follow a law when the law itself can't be disclosed?"
That was funny to see that error message come up on this particular article.
As a byside.. just what is causing those error messages to come up in the first few seconds of an article going public?
One, they're not asking keeping the law itself secret, just the reasons behind it. No problems knowing what to enforce.
Two, I think they should let the airlines set policies for themselves. Consumers can pick the cheap airline that doesn't screen, or the more expensive one that does.
This seems to indicate something that we don't know about the effectiveness of asking for ID for flights. Maybe there is something about the way legitimate IDs are made that they don't want to reveal. In any case the idea of making a private argument is insane because, of course, the other side will not have a chance for a rebuttal!
...unfortunately no one can be told what The Mat^H^H^HGoatse is...they must experience it for themselves...
Actually the EFF will NOT be able to hear the arguments. According to the article, the government's arguments will be "heard before a judge outside the presence of Gilmore and his attorneys"
And how accessable is legalese? How many people can read and understand the legal codes that govern their lives? Our legal code is absolutely huge, even ignoring case law that forms the precedent portion of it. Hell, the PATRIOT Act didn't get read by the legislators responsible for passing it -- do you expect the *people* to do so?
May we never see th
It's not uncommon for there to be secret/unknown laws and rules that some people must abide by - if they're workers with security clearances. However, it's absurd to make secret laws the norm and take proceedings that should be part of the public domain (ie most parts of terrorism trials) behind closed doors. When everyone has to abide by a rule at pain of prosecution, then it quickly becomes trivial to figure out what the rule is.
The default manner to develop and issue policy should never be behind the veil of secrecy.
What I see happening: Bush will "win" the upcoming election, and promptly (or possibly towards the end of his second term) declare himself Emperor. Viva la resistance.
Sigs are for the weak.
Sounds so Orwellian.. "Slavery is Freedom"...
Lets take your rights away to make you more free!
This reminds me of an editorial in the Chicago Tribune (written by Molly Ivins) last Thursday:
"The Department of Justice has asked the Government Printing Office "to instruct depository libraries to destroy five publications the department has deemed 'not appropriate for external use.' Of the five publications, two are texts of federal laws. They are to be removed from libraries and destroyed, making their content available only to a law office or law library," according to the American Library Association. All the documents concern either federal civil or criminal forfeiture procedure, including how to reclaim items that have been confiscated by the government during an investigation."
What possible reason could there be to destroy federal legal publications? Thank you, Adolf, ahem, I mean John Ashcroft.
-Mark
I remember when we used to be make fun of secret laws in The Soviet Union back in the eighties. The commies also tortured political dissidents. Now it has all turned around. The USA is where you have secret laws, have to carry papers around, and can be detained and tortured idefinetly without a court order.
And all this changed after the Bush coup in 2000. Think about it..
I realize that statement is somewhat circular, as if the law is indeed "secret", we wouldn't know about it.
But Gilmore's whole assertion rests on the claim that there is, in fact, a secret law requiring a person to show ID to fly.
He already proved to himself that this was false, as he says in his own description of events that SFO would have allowed him to fly with no ID if he submitted to a search. He chose not to. If there WERE a "secret law" requiring ID, San Francisco International Airport would not have allowed him to fly without ID, as they were going to let him do.
Ridiculously, his whole claim about this "secret law" is because some random, unnamed United Airlines employee told him there was. Huh? So all of the ticket agents and working slobs within the airlines are just amazingly informed on these topics? I think not.
There are some discrepancies here, most likely because of lack of communication or lack of proper specific words used to define things. First, I have no problem believing that the TSA directives are secret. But they're not "laws". That's why they're called security "directives". These directives instruct the airlines and airports in terms of how to handle security; they're not arbitrary requirements that passengers must submit to or know about ahead of time: they are guidelines and directives for the handling of security issues, some routine and some special or time-specific, within airport and airline processes. That's the TSA's job. And didn't we call for the federalization of airport security?
However, I've seen nothing that indicates there is ANY such "secret law", and the fact that SFO - the second airport he tried - would indeed allow him to fly with no ID devastates his claim.
I'm glad he's asking these questions, but I wish he'd be less sensationalistic and tinfoil-hat about it - especially since his primary claim is that he can't travel anonymously, which is not only tremendously wrong considering there are so many other public and private means to travel with no ID, but also because, to repeat, he would indeed have been able to fly with no ID.
And as I said in another post, yes, all the 9/11 hijackers had valid IDs. So what? The ID requirement doesn't pretend to "prevent" issues; it's simply a place to start for investigators AFTER an incident, regardless of whether the IDs were real or fake...enabling investigators to get a list of names (again, real or not), issuing agencies for the IDs, and sometimes even pictures (which are many times real, even if the ID itself is fake). This information could be critical to an investigation when other lives may be at stake.
But, in case this point is lost on you, HE ALREADY FOUND HE COULD TRAVEL, BY PLANE, WITHOUT ID.
Instead of showing ID to stop terrorists, how about pilots have guns and just shoot anyone who jumps up on a plane waiving a bomb/knife/gun/whatever shouting "Allah Akbar!"
. . .
Perhaps we could make ID an option, if you want to carry a gun on a plane, you need to show ID and sign a waiver. Then not only can the pilot shoot the terrorists so can citizens and filght attendents.
You might think I'm kidding
“Common sense is not so common.” — Voltaire
This sadly reminds me of something that actually happened to my buddy.
Without any previous charges or arrests, my buddy was once arrested for resisting arrest. He kept asking 'What am I being arrested for?' and the officer kept saying, 'You are resisting arrest.'
--- We need more Ron Paul!
One balmy May evening back in 2000, Dudley was standing around minding his own business when all of a sudden, a policeman pulled-up and demanded that Dudley produce his ID. Dudley, having done nothing wrong, declined. He was arrested and charged with "failure to cooperate" for refusing to show ID on demand. And it's all on video.
On the 22nd of March 2004, the U.S. Supreme Court heard oral arguments on Dudley's case, a case that will determine whether Dudley and the rest of us live in a free society, or in a country where we must show "the papers" whenever a cop demands them.
Obama's legacy: (N)othing (S)ecure (A)nywhere and (T)error (S)imulation (A)dministration
- Hold suspects on terrorism charges for long periods of time or indefinately without trial
- Present secret evidence to the court, without the defendant or the public knowing what that evidence was or even that it was presented
Sources: Secret Courts and Detention LawDoes the airline have the right to know who's on board their own airplane?
That's what this all boils down to. Do you have the right to get onto someone else's private vehicle and demand anonymity? Or do the airlines have the right to demand ID to know who you are before transporting you in their own private vehicle?
make world, not war
The airlines don't need a law do that. It's already legal for them just to tell you the terms and conditions when you buy a non-refundable non-tranferrable ticket. If you end up buying the ticket, you're stuck with those terms.
When you buy a ticket you have a short period to make changes. Once the deadline comes the airlines are keeping your money. You can make changes, but there'll be a fee. Or you can cancel the flight but there'll be a fee and you'll only get credit for the ticket. And I believe you'll have to use the credit within a year or you have nothing.
When they stop listening to the Rupert Murdoch Propaganda Network (Fox News and over a hundred local channels - tv and radio) -- Fox News is not news, it is not journalism - it is propagandization -- Even the Venerable Walter Cronkite is speaking out against Fox News. Fox's "Fair and Balanced" claim is the biggest piece of false advertising since Microsoft Claimed windows is secure
2 _03_Report.pdf
thorough studies [correcting for every possible bias] have shown that 80% people listening to Fox News are hold misconceptions about the state of the world - particular the iraq war, compared to 23% of PBS viewers - furthermore there is a positive correlation (ie more a causes more b) between "More Viewing of Fox News" and "Holding Misconceptions' http://www.pipa.org/OnlineReports/Iraq/Media_10_0
If you cannot keep politics out of your moderation remove yourself from the Mod Lottery.. NOW!
Problem is, as has already been pointed out, the law isn't secret, and it can't be by definition. The law is part of a public document that is the penal code. If the law was secret, you couldn't have alawer defend you, since you can't have alwer defend you, you've been effectively denied council, for a law that isn't a law because it's not a part of the public document called the penal code and as an end result, you can't be punished for breaking it in the first place.
T Money
World Domination with a plastic spoon since 1984
The answer is a resounding "no". He is free to travel by foot, bike, motorcycle, car, boat, or other device himself while not violating applicable pedestrian or traffic laws, or by bus or train, entirely anonymously.
I don't think this is quite correct. You do, in fact, have to have ID in order to travel by motorcycle, car, or boat because you have to have a license on you in order to legally do so (which is a form of ID... usually photo ID). Also, I think the Supreme Court recently heard a case where a man (in Texas?) was jailed for refusing to produce ID when asked by a police officer. He was not in a vehicle at the time, so he was a pedestrian. If I remember correctly, the Supreme Court upheld his conviction stating that he did not have a right to fail to produce ID because the law had an overriding concern in establishing his identity. I personally think that this is a bunch of baloney... a pedestrian that is not breaking any laws should never be forced to show identification just because a police officer decides he wants to see some. Nevertheless, I think this pretty much destroys your initial point, and contributes to the point of the original article.
Fact is, you can't go anywhere in the United States right now (outside of your own private property... and I wonder how much longer that will stand) and expect to have the right to not show ID at a moment's notice.
-- Gargonia
Never play leapfrog with a unicorn.
Maybe after we are secretly arrested and secretly tried we can spend some time in one of the new secret internment camps:
http://www.apfn.org/apfn/camps_confirmed.htm
Great question. And the day the airlines quit queueing up for federal subsidy after federal subsidy, I will let them treat their planes as their private property. Until then, they can cry in their Wheaties all they want but I won't pay them a thin dime to fly if they think they can demand I pay for the ticket, show them ID, AND get supported from my income tax whether I want them to or not.
The first permutation I tried was: "Any optical marks indicating choice, two or more observers agree, chads detached at two corners". That came out for Gore by 105 votes.
The second permutation I tried was "Filled ovals or completed arrows, all observers agree, full punches, statewide recount". That came out for Gore by 134 votes.
The last thing I tried was (on the "What if..." tab) "Statewide recount using the standards of each county's election officials", which came out for Gore by 171 votes.
Ironically, the most important alternate standards by which Bush would have still won (you're right, and the person you replied to is wrong: Gore didn't win every recount) are "Gore's request" (an apparant attempt to increase Gore votes by only recounting some heavy Democrat-voting counties) and "Florida Supreme Court recount", the one interrupted by a partisan US Supreme Court vote.
Personally, I'm not too bothered by the Florida debacle: even if more precise counting would have led to a Gore victory, the results are clearly within the margin of error in either case. The only electoral votes that Bush/Cheney clearly should have lost are the ones coming from Texas, whose electors should have been prohibited by the 12th Amendment from voting for a President and Vice President who were both inhabitants of Texas. Granted, the 12th isn't very high on my list of "parts of the Constitution I wish the US government wasn't violating", but I still hate seeing that list get longer.
Considering one of the flights was for a job interview this really sucks. The funny/sad thing is at a previous job about seven years ago I had a DOE Class Q clearance. Now I can't even get on a plane and no one [claims] they can fix it.
Real people are getting hurt and hurt badly because of this law. I hope Gilmore prevails.
So why does an airline need to know my identity? Why can I not pay with cash and board anonymously? (Assuming I'm willing to submit to a reasonable search for security -- say metal detectors and/or X-ray.) I don't need to carry papers on other modes of transportation like buses, ferries, trains etc. or while walking. I bet a terrorist could kill more people by putting a bomb on a ferry in cold waters, like the Seattle-Victoria ferry. Why then do we have this hysterical attitude towards aviation?
Unlimited growth == Cancer.
WTF there is secret law?? that does it, you guys go right now and storm the white-house and drag bush kicking and screaming to the wall round the back, secret law = facist dictatorship.
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Any legislator that votes for a law that is later overturned as unconstitutional should be FIRED (or worse).
cpeterso
You know, worrying about it now *before* it gets to that state is OK. Because if it ever reaches that point, we won't be discussing it on /.
A gradual deterioration of liberty, in the long run, is just as harmful as one that happens overnight -- the end result is the same. And all of these arguments like "Well, it's not as bad here as in [insert third world country]" have a disturbing sound to me.
Open your bag. I want to see what's inside.
Step out of the car and show me what's in the trunk.
Take out your checkbook and show me the entries in your register.
I can't believe any intelligent person could take the absolutely idiotic stance you just did.
I want the news to challenge my assumptions. I want investigative reporting uncovering causes and correlations that I didn't know existed before. I want open-minded reporting that doesn't bash reasonable perspectives on both sides of the political spectrum. I don't really see why the politics of the owner have to be so flagrantly reflected in the reporting - CNN was owned by Ted Turner for many years, who has many radical positions I don't agree with, but while not perfect, I've certainly never seen that kind of flagrant bias on CNN (about an equal number of people seem to accuse CNN of overly liberal and overly conservative bias as far as I can tell).
"There must have been a reason," Yossarian persisted, pounding his fist into his hand. "They couldn't just barge in here and chase everyone out." ~ "No reason," wailed the old woman. "No reason."
...
"Go to the back, go to the back of the restaurant," they yelled.
I hesitated, lost in my own panic.
"Did you not hear me, go to the back and sit down," they demanded.
I complied and looked around at the other patrons. There were eight men including the waiter, all of South Asian descent and ranging in age from late-teens to senior citizen. One of the policemen pointed his gun point-blank in the face of the waiter and shouted: "Is there anyone else in the restaurant?" The waiter, terrified, gestured to the kitchen.
When I asked to speak to a lawyer, the INS official informed me that I do have the right to a lawyer but I would have to be brought down to the station and await security clearance before being granted one. When I asked how long that would take, he replied with a coy smile: "Maybe a day, maybe a week, maybe a month."
- Patriot Raid, Jason Halperin, April 2003.
This is a shortsighted and simplistic view. On the one hand, a law that is *obviously* unconstitutional could be considered deserving of such treatment. But it is the purview of the courts to decide whether a law is in conflict with the Constitution. The legislature can't be expected to bat 1000 when passing laws, and if they realistically could, the judiciary would become irrelevant. Further, often it is not an entire law, but instead just a single clause that is struck by the courts. Would this justify firing? Or just a public flogging?
These people looked deep into my soul and assigned me a number based on the order in which I joined.