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John Gilmore Sues Ashcroft et al. for Freedom to Travel 992

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. )"
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John Gilmore Sues Ashcroft et al. for Freedom to Travel

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  • Nyet! (Score:3, Insightful)

    by mr. methane ( 593577 ) on Thursday July 18, 2002 @04:31PM (#3912014) Journal
    It does occur to me that it wasn't so long ago we criticized the Soviet Union for their inhumane policy of questioning any traveler they felt like.

    Now we not only question almost every interstate traveler, we search them and arrest them if they question the legitimacy of the search.
    • Re:Nyet! (Score:2, Interesting)

      by djrogers ( 153854 )
      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...
      • by mr. methane ( 593577 ) on Thursday July 18, 2002 @04:56PM (#3912218) Journal
        http://www.cnn.com/2002/US/01/13/pilot.detained/

        The pilot was going through the screening process around 7 a.m. EST when he "made an inappropriate comment relative to security," said US Airways spokesman David Castelveter, who said the airlines was "cooperating fully" with the investigation. "We find this type of behavior intolerable," he said.
      • Re:Nyet! (Score:5, Interesting)

        by SquadBoy ( 167263 ) on Thursday July 18, 2002 @04:58PM (#3912240) Homepage Journal
        http://www.csmonitor.com/durable/1998/08/13/p3s2.h tm

        Do I win?
        • Re:Nyet! (Score:5, Interesting)

          by oni ( 41625 ) on Thursday July 18, 2002 @05:45PM (#3912619) Homepage
          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 [boortz.com] 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.
      • Comment removed (Score:4, Insightful)

        by account_deleted ( 4530225 ) on Thursday July 18, 2002 @07:27PM (#3913327)
        Comment removed based on user account deletion
  • predicted result (Score:3, Interesting)

    by Necron69 ( 35644 ) <jscott DOT farrow AT gmail DOT com> on Thursday July 18, 2002 @04:32PM (#3912020)
    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
  • Show your rights... (Score:3, Informative)

    by RadioheadKid ( 461411 ) on Thursday July 18, 2002 @04:34PM (#3912032)
    You just need to get yourself one of these. [securityedition.com]

  • It won't happen (Score:5, Insightful)

    by The FooMiester ( 466716 ) <goimir.endlesshills@org> on Thursday July 18, 2002 @04:35PM (#3912042) Homepage Journal
    I'm probably gonna get marked troll for this, but here goes.

    He's not going to win, for the same reason that you don't have a RIGHT to drive a car. Mr Gillmore is perfectly free to travel to his destination on foot or bicycle. I don't agree with that statement and think it contradicts the 10th amendment, but necessary and proper has prevailed. Air travel is interstate commerce, and thus can be regulated by the gov't.
    • Can you prove, that by riding your bike or even walking across state lines, that you are not in some way involved in interstate commerce?

      Didn't think so. Please have your ID ready to show at any and all times. Thank you; have a nice an safe day, and don't do anything suspicious, because we WILL be watching you and will lock you up and throw away the cell if you complain.
      • Re:It won't happen (Score:3, Insightful)

        by davie ( 191 )

        Why stop there? Congress hasn't. They've claimed that if you own or use something that was made in another state you've engaged in interstate commerce and are therefore subject to federal jurisdiction.

        Time to fdisk this mess and install a new OS, if you ask me.

    • I suspect he might be able to win, because reasonable exercise of the right to travel in our country, for many people in many careers, will include air travel. There's no other realistic way to travel to Hawaii and Alaska, for example, and the reality of life in the US in the 21st century is such that people need to fly frequently to practice many professions in many industries. That the US government saw fit to provide a multi-billion dollar bailout to the air carriers is an indication of the centrality of air travel to American life. Likewise, freedom of the press and freedom of speech applies to technologies now that are neither presses nor oratory.
    • Comment removed (Score:4, Insightful)

      by account_deleted ( 4530225 ) on Thursday July 18, 2002 @04:51PM (#3912181)
      Comment removed based on user account deletion
      • Re:It won't happen (Score:4, Informative)

        by Maeryk ( 87865 ) on Thursday July 18, 2002 @05:13PM (#3912358) Journal
        Can you, Mr. Joe citizen, be stopped while walking down the street by Mr. Man-In-Black FBI Agent and searched, without cause, without suspicion, just for walking down the street?

        You sure can. Its called an "investigate person" charge. The usual comment is "you matched the description of someone wanted for a crime" and in most areas, the police can hold you for at least 24 hours on that alone. (Trust me.. its happened to me, and its legal)
        Now same situation, but that person is in a car. Can you be searched, by a federal officer, without cause or suspicion? The answer is *mostly* no - if they see something in plain sight that could give them exegent circumstances and allow them to search the car and you.

        Depends.. do you consider the cops to be federal officers? Probably not.. but.. I have yet to see a cop who cannot pull over a suspicious person for SOME reason (I thought you had a bad registration. I see that it is current. Mind if I search your car? No? I cant? Wait here please..) and in some cases, they can get a warrant on the spot to do it, if there is a judge handy to a phone. Its not all that hard to get nailed for doing nothing wrong.

        How is it any different from walking down the street. The government owns both transportation mediums (airport, street/highways). The person checking you was is a government employee (FBI vs. Transportation Sercurity Force). How is one contrained by the 4th amendment and not another?

        The government doesnt own the airport any more than it owns Conrail or your local bus company. THey are REGULATED by a government agency, but so is UPS. and FEDEX for that matter. What the person at the ticket counter asks for is no more governmental than I am. Its a policy of said airline. (If you can show me a federal regulation requiring people to show ID, I may change my tune). But to use your analogy, yes, they can. The federal government has regulations regarding the use of roads and highways by citizens. THey are fairly lax and quiet, but they exist. SO there is already a precedent.

        I have never been checked in an airport by a "smith". I have always been checked by private security forces hired by the owner/manager of the airport for the purpose of maintaining security. The Guardsman with the AR-15 has never asked to see my bags.

        Maeryk



    • Re:It won't happen (Score:5, Informative)

      by Zwack ( 27039 ) on Thursday July 18, 2002 @04:54PM (#3912200) Homepage Journal
      As many people don't appear to have read the linked article... Here is a brief summary...

      John Gilmore is suing John Ashcroft because the FAA and/or the Transportation Security Administration has released a series of SECRET DIRECTIVES to the air line.

      "United stated that they were following an unwritten regulation that had only been communicated to them orally, and which changes frequently."

      It seems that John Gilmore considers unknown, unwritten, frequently changing rules to be somehow unfair. He isn't claiming that the governement doesn't have the right to regulate Air travel, but that the rules should be open. Thus allowing people to at least know what will be required of them to allow them to travel.

      Z.
      • Re:It won't happen (Score:3, Informative)

        by Patrick ( 530 )
        He isn't claiming that the governement doesn't have the right to regulate Air travel, but that the rules should be open. Thus allowing people to at least know what will be required of them to allow them to travel.

        He's claiming more than that. He is definitely claiming that the government does not have a right to require identification or searches, whether or not those laws are secret. His FAQ in particular extols the virtues of anonymity and explains how they're necessary to exercise your first amendment rights. He may be tilting at windmills, but he makes the perfectly legitimate claim that he may not constitutionally be compelled to show ID.

    • He's not going to win, for the same reason that you don't have a RIGHT to drive a car.

      Bad analogy, for the reason that you have every RIGHT to ride in a car. He's not asking to pilot the plane. And as he's pointing out, freedom to travel unhindered by the government within the country has long been upheld by the courts.

      If the case were vis a vis a single airline, it would be more complex, since on the one hand it is a private contract at issue, while on the other the airline only exists via a grant of public air rights, so the contract with the public as a whole to provide reasonably free travel (e.g., can't keep people off for racial reasons) may trump the right of the airline as a private contractor to impose its own identity requirements, or may not. The issue Gilmore raises, however, is whether the government can exercise its own control through the airlines here.

      If the parallel with driving a car were to hold though, should people with nonstandard credit profiles or a history of "unpatriotic" posts to /. be hassled when they go to renew their drivers license? I personally don't mind if the airline checks that I'm at least a citizen or have a valid visa; but I'm going to start getting upset when the clerk at the airline counter gets a snapshot of my political leanings, credit history, medical conditions, &c., and keeps the FBI appraised of my travel within the country.
      ___

  • Excellent (Score:3, Insightful)

    by Anonymous Coward on Thursday July 18, 2002 @04:36PM (#3912044)
    Always good to see someone who can afford justice try to get some.
  • by PD ( 9577 ) <slashdotlinux@pdrap.org> on Thursday July 18, 2002 @04:37PM (#3912052) Homepage Journal
    I've flown a lot recently for my job. On one particular stretch of flights, I boarded 10 different aircraft, MD-80's. Each and every time, I was searched on the way in, along with about 5 other passengers. Now, if the aircraft holds 120 people (the flights were full) then the chance of being selected on any particlar flight should be 1 in 20. The odds of being randomly selected on 10 flights in a row are 1 in 10 trillion!

    So, my conclusion is that they are fearful for some reason of anglo-appearing redheads, travelling alone, with a ticket booked through American Express Business Travel Services for an IBM contractor.

    • The same thing happens to me all the time...I'm always the one that's pulled aside at the gate for an extra search...usually AFTER they've searched me at security too. I asked a friend in the security business and he says there's some kind of computer profiling going on...and my form of paying, the bag I carry, something....always 'hits'.
    • by freuddot ( 162409 ) on Thursday July 18, 2002 @04:44PM (#3912120)
      Look on your boarding pass, on the right side, right over the seat indication, you'll see a simgle 'S'.

      This 'S' stand for search. If you have it on your boarding pass, you've been preselected for searches. Prepare to be searched at every gate along your way.

      Of course, the computer decided that it had to be you. So, this can't be wrong right. And since it's secret, no one will hear about it, especially not the terrorists.

      oh well...

      • by Bagheera ( 71311 ) on Thursday July 18, 2002 @05:23PM (#3912437) Homepage Journal
        Recently I sent my daughter back to Washington state aboard an Alaska Airlines commuter flight. Her bag was chosen randomly going through X-Ray to be searched - interestingly, the security person seemed surprised, and almost apologetic, that she'd grabbed the bag of an 11 year old kid.

        At the gate, preboarding, we were informed that the computer had "randomly" selected her to be searched before boarding, but the counter person had no idea what the selection criteria were.

        The second set of security drones were rude to the point of being obnoxious.

        The point being - somehow some "secret" set of algorythms decided that an 11 year old girl traveling alone (which requires a guardian's signature and ID at each end) was a likely security threat.

        I wish Mister Gillmore luck. There is definately something 'broken' behind the scenes, and someone needs to at least bring it to light.

        • by bluGill ( 862 ) on Thursday July 18, 2002 @06:35PM (#3912989)

          It isn't random. I don't know what it is, but is isn't random. On a trip to Spain (pre 9/11) I and all 5 of my co workers on the same flight (major customer with big problems) were "randomly" selected. Not a chance it was random.

          On of the guys I traveled with is Indian (from India, a green card resident of the US) He can tell you how random it is, and he travels often enough to know that whatever their random criteria is, those who don't look like North Easter European decendents are 90% likely to be randomly selected, while Those who do look right are rarely selected (2-3%). I haven't asked him what it is like post 9/11, but I think we can assume the gap closed if only because there isn't much room to get him to 100%, and plenty of room for the rest.

          There are not enough watchers to watch everyone, plus keep all the watchers watched.

        • I recently returned from a trip to Las Vegas. While waiting to board the plane, I was "randomly" pulled out of line to have everything pulled out of my bags and searched. I was gone over with a metal detector wand, had to take off my shoes and watch in shocked disbelief as one of the security people tried with all his might to pull the soles right off of my new Nikes. I then had to pack my own bag and hurry to board the plane.

          On our layover in Pittsburgh, I was yet again pulled out of line for another search. This time I protested loudly, and the kid (he couldn't have been more than 20 and looked like that guy with the porkchop sideburns on those TNN commercials) mutterd something about me being "number 11". Again, off with the shoes, everything pulled out of my bag, and more amazingly, another guard came up and picked up my wallet. He proceeded to turn his back to me and muttered something about looking for razorblades in my wallet. Well, I still had a few hundred bucks (I had a good time in Vegas) in there. I again protested loudly. Loud enough to attract some attention from other passengers and from a supervisor. After some back and forth, and some very stern command from both myself and Porkchop's supervisor, my wallet was returned to the table without anything missing, thankfully.

          Of course, in their zeal to search my Nikes and my Timmy wallet, they forgot to see if I was smuggling anything under my hat. Not once did anyone bother to ask me to remove my hat to see if anything was in or under it. OVerall the experience reeked of unprofessionalism.

          I'm shocked that responsibility for airline security are given to kids who aren't even old enough to drink legally, obviously aren't given any/enough training (I used to work in physical security and in the armed forces), little or no supervision, vague and random criteria for searches, no regard for professional appearance or conduct, etc... I wonder if these people even care about what they're doing, or just consider it a chance to score some phat lewt from people.
      • by mangu ( 126918 ) on Thursday July 18, 2002 @06:06PM (#3912774)
        I was subjected once to a search (by an obviously bored and uninterested officer) in the Miami customs. The reason was that I had been previously selected by another officer, who requested my customs form and scribbled something in it. Since then, whenever I fly to the USA, I pretend I made a mistake and ask for another set of forms in the airplane. If someone writes something in one of them, I put it in my pocket and get the other one out when requested.
    • Did you complain the first time you were searched, or have something on you? (pocketknife/etc)

      If so, you are now marked, and will get searched EVERY time you go to the airport. Your ticket (depending on airline) either has a 4 digit/letter code on it, or a certain box filled in, to let them know to search you after checking your ticket to let you into the gate area.
    • Nah.. you are just the least likely to swing a sexual harassment or racial profiling suit at them. I got on a plane that seats 14 people with FIVE people of clearly middle-eastern descent, and the rest of us a mishmash of white and asian, and I and a white woman got searched. Why? Cause we wouldnt sue. I was wearing slacks, dress shoes, a button down shirt, a denim jacket with the "saturn" logo on the back, and carrying a small camera bag. (which they insisted on Xraying, even AFTER I asked them to hand check it, the bastards!!!!)
      Did any of the people who LOOKED Like terrorists get searched? Nope. Were we crossing the border INTO the US from Canada? Yup. Did any of the CANADIANS get searched? nope. Just two americans, trying to get home.

      "random" my butt. Why do you think they have radios?

      Maeryk
    • I've only flown maybe a dozen times since 9/11, but I think I've had a near-perfect correlation on the searches. When I have a one-way ticket (perhaps purchased as part of a multi-segment flight, just not a regular A-B round-trip), I seem to be shuttled off for the extra round of searches. When I have a roundtrip ticket, no problem.

      I'd like to think the screening is more sophisticated than that. Maybe the fact that I am a single guy and not checking luggage (I know how to pack light and don't want to leave my bags in someone else's hands) is another flag, who knows.

  • I think its a shame when our government won't give a member of Pink Floyd freedom to travel. :)
  • more details? (Score:3, Insightful)

    by M-G ( 44998 ) on Thursday July 18, 2002 @04:37PM (#3912055)
    I can certainly understand fighting this over the rules not being published. And I'm a frequent basher of stupid rules like 'no nail clippers'. But if I read this short story on the suit correctly, Gilmore is also objecting to being asked for ID when he flies. Now, doing a complete background check on you at the gate is certainly invasive. But merely verifying that you are the person whose name is on the ticket has been going on for years, and isn't really that invasive, IMO. Is this really his position, or was the article about the suit just too short to go into detail?
    • Honestly, What right does the government have to ever check our ID's. Who cares if you are in fact the person that you say you are. Does the fact that they know who I am do anything to stop me form hijacking an airplane. Oh sure, after the fact, they might be able to determine who I was and who I am associated with if I showed them my ID, but other than that it is useless. The government is not our babysitter. We have rights, but they are slowly deteriorating everyday while politicians continue to "save" us form terror. They couldn't save us on Sept. 11, even though they had more than enough information to know that there was going to be a terrorist attack. They were incompetent. What makes everyone think that adding more and more power to the incompetant government will help us?
    • Stupid rules is what it is.

      I'd hoped that the events would have been interpreted properly; as in "something is fundamentally wrong" rather than "it's easy to get past airport security".

      I guess I was wrong.

      Terrorists won't restrict themselves to airplanes out of respect of the fact that this is where the US government has been focusing efforts.

      IMHO, that's why legislation such as this is silly.

    • Re:more details? (Score:5, Insightful)

      by chriso11 ( 254041 ) on Thursday July 18, 2002 @04:57PM (#3912233) Journal
      I really don't understand why they need IDs. I don't want to know who sits next to me, as long as they don't have a weapon (and no, a nail clipper is NOT a weapon).
      It reminds me of a story I had heard. I'm not sure which actor it was, but I think it was Cary Grant, at the height of his popularity, when everyone knew him. He was boarding a plane, and the gate attendent said "Mr Grant, I need to see ID".

      The only reason that IDs are required is so that passenger's can't trade/sell tickets. That policy is based on money, not security.
    • Re:more details? (Score:3, Informative)

      by NeMon'ess ( 160583 )
      He is suing because there isn't a WRITTEN PUBLIC LAW ANYWHERE that says any passenger can be asked for identification or searched. Ashcoft and company have crafted a SECRET SET OF RULES AND REGULATIONS that change at will. Gilmore feels these are unconstitutional. I think he is also suing because requiring identification is a limit on our freedom to travel as also declared in the constitution. As I read it, he thinks we should have the right to travel around the country annonymously if we want. I'm not sure if that is true.
  • I can see John Ashcroft now..in a black leather trenchcoat, at Checkpoint Charlie...AKA the airline ticket counter, asking for ID papers. Kinda reeks of cold war in the eastern bloc, doesn't it?
  • by Phaid ( 938 ) on Thursday July 18, 2002 @04:37PM (#3912063) Homepage
    This isn't going to advance any of Gilmore's agenda. Setting aside the fact that there's no way he is going to win this legally -- because he isn't -- this is about the best piece of propaganda you could hand the government. He's just making himself look like a crackpot. By taking challenging a requirement like this, which most people are in favor of, he marginalizes all of the other more worthwhile civil liberty issues he might be associated with. Next time someone challenges Ashcroft on regulations of this sort, he can just retort with "well next thing you know you'll want to let people fly anonymously like that John Gilmore fella", and that'll be the end of that.

    There are hills worth dying on and this isn't one of them.
    • by Peyna ( 14792 ) on Thursday July 18, 2002 @04:48PM (#3912159) Homepage
      which most people are in favor of, he marginalizes all

      Just become most people are in favor of something doesn't mean it is okay to do.
    • 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.
  • but, but (Score:2, Interesting)

    by eric6 ( 126341 )
    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.

  • Just as you're required to have a driver's license to drive a car, or to buckle-up to ride one, it is not far-fetched to assume that requiring identification is a reasonable requirement not only for air travel, but for any kind of travel by any common carrier by any means of travel (aircraft, airship, helicopter, balloon, boat, rowboat, steamboat, passenger train, freight train, mixed train, piggyback train, work train, runaway train, day train, night train, fairmont, section speeder, hi-railer, tamper, ballast regulator, taxi, bus, jitney, jeepney, motorcycle sidecar, rickshaw, pedicab, wheelchair, horsecart, oxcart, police cruiser, ostrich cart, dog sled, snowmobile, hovercraft or velocipede), as the transportation title (the ticket) is issued to one person and is not transferable.
  • More power to him (Score:4, Informative)

    by ostiguy ( 63618 ) on Thursday July 18, 2002 @04:40PM (#3912100)
    On sept 18th, I again sought to go to NYC, to finish what I intended to do on the 11th - replace a bad firewall. Went to logan in boston, without valid photo id. By showing my expired passport, and have the MA state police search my record, they let me fly without event. At logan, I had to power on my laptop, unbox the cisco pix, and was fully searched with a wand metal detector by a somewhat overzealous latina girl.

    Fast forward 12 hours - trying to leave NYC at laguardia, I went to the gate, went through security, was not asked to unbox the firewall for the metal detector, was not asked to turn on the laptop, was not manually searched for metallic objects. I breezed through until I actually attempted to board the place - when I handed them my ticket and expired passport, usair flipped out. After talking to the supervisor, and quickly realizing that there was no way I was going to get on the plane, I tried to get some answers from the supervisor:

    "If you require valid id from all passengers, is it US Air's corporate policy that all passengers 16 and under need a US passport (because they can't have driver's licenses) for domestic flights?"
    "no no no, you are different, you have id, you didn't bring it"
    "that has nothing to do with anything. I would like a answer to my question - I have two siblings (17 and 12), and I would like to know if they will be able to fly USAir, as they don't have drivers licenses"
    "blah, blah, blah" - basically, his body language and stammering said: I don't know what to say, basically, that, if we think you should have id, then you should have it. we won't discuss the qualifications for our assessing whether you think we should have id.

    Basically, Logan was concerned about making sure that people were checked when getting on planes. Laguardia isn't too concerned abotu what you bring on, they just want to make sure that when it blows up, they have a good idea of who was on it
    ostiguy
    • Logan on 9/18.

      Hmmmm.... I bet that on 9/18 security at Logan would be tighter than ANYWHERE else in the world. Remember, two of the planes took off from Logan. I'm sure that the Logan's security chief had a new one ripped for him...
  • by one-egg ( 67570 ) <geoff@cs.hmc.edu> on Thursday July 18, 2002 @04:42PM (#3912111) Homepage
    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.

  • > He was the fifth employee of Sun Microsystems

    I would have expected him to be like the Oracle guys.
    Wouldn't a national ID database need lots of expensive Sun servers running Oracle?
  • Please (Score:5, Funny)

    by teetam ( 584150 ) on Thursday July 18, 2002 @04:43PM (#3912119) Homepage
    Please surrender your freedom so that we can protect it!
    - Ashcroft
  • by uncleFester ( 29998 ) on Thursday July 18, 2002 @04:44PM (#3912125) Homepage Journal
    Another Orwellian-type (Soviet-type? Gestapo-type?) form of overmonitoring? A few things strike me from the challenge...

    "United States courts have recognized for more than a century that honest citizens have the right to travel throughout America without government restrictions..." Well, we have to admit not all of those using our travel means in this country are honest citizens. The bulk probably are, but not all of them. So there has to be some form of verification/weeding out.

    "This will use your ID to search in a stew of databases like credit records, previous travel history, criminal records, motor vehicle records, banks, web searches, and companies that collect personal information from consumer transactions. " Now this I have a small problem with. I can (maybe) see checking things like criminal records or travel history.. but my credit record? My bank record? Those are in no way relevant to the choice I make to fly to Phoenix for the weekend.

    Once again, the government is demonstrating an obscene overreaction to terroristic threats on our soil by ignoring key portions of the Constitution in the same of 'public safety.' Well, at this stage the cable guy can't come into my house (soon, maybe: TIPS), I can't fly to Miami (this crap, maybe), and I have to sit at home (or set up a motion-based webcam, look for sneak-n-peek in Patriot Act) to see if my domocile has been searched. Hell, I can't even surf for pr0n on Google anymore without being federally monitored.

    If you asked me, the terrorists have managed to pull of some significant victories. It's a damn shame.
  • If They're Brown, Pat Them Down!

    It's the same one used for years by many police departments.

  • by madajb ( 89253 ) on Thursday July 18, 2002 @04:51PM (#3912178)
    As I read the suit, Mr. Gilmore is not objecting to being required to show ID, he is objecting to the GOVERNMENT requiring that he show ID.
    Just as you should be free to walk down the street without being required BY THE GOVERNMENT to show identification, so should you be able to board a plane without being required BY THE GOVERNMENT to show identification.
    If the airlines themselves want to require ID (for tickets, seating whatever) that's fine. But the government has no absolute right to require you to show identification whenever they feel like it (in the absence of a crime, probable cause, whatever).
    And for those of you comparing this situation to cars and driving, remember Mr. Gilmore is not operating the vehicle, he is merely a passenger. Would you like to show ID every time you are in a car that gets pulled over for speeding? Have a background check run on you when you hit a DUI checkpoint in a car full of people?

    This issue is not as black and white as it seems.
    -ajb

  • 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.

    Wow - this guy is probably going to become the Patron Saint of Internet pr0n.
  • by drix ( 4602 ) on Thursday July 18, 2002 @04:57PM (#3912229) Homepage
    "
    On July 4, Southwest Airlines staff prevented Gilmore from boarding a pre-paid flight from Oakland to Washington, D.C, where he intended to petition the government to alter the ID check."
    Employee #5 at Sun flies SouthWest?! Gosh... I guess the stock market really is down.
  • by gerardrj ( 207690 ) on Thursday July 18, 2002 @05:04PM (#3912290) Journal
    You don't need a State issued ID to be a passenger in a car, on a bus, a boat, or any other form of transportation. The thing here is that there are federal regulations (written or not) that require you to prove who you are in order to be a passenger on a scheduled commercial airliner.

    Note I specifically stated "scheduled commercial airliner". All of this airline security is just a smokescreen. Did you know that chartered flights don't have any of these security restrictions?
    On a chartered flight you can drive your car up to the plane and board without ever passing through any security checkpoint. The size of the plane doesn't matter, nor do the number of passengers (to the best of my knowledge).

    If the terrorists are going to do this large-plane-into-larger-building thing again, they'll be smarter to get on a large corporate jet, like a chartered 737 or something. They wouldn't even need to sneak anything on board, just act like really rich people. They could load their luggage with C4. They could board with guns conceled in their coats, take over the plane and fly into anything. No plane full of pesky passengers to thwart any hijaking attempts.

    As for the air-force shooting them down when they left the flight path? Well, imagine the hijackers treating the plane like a German V2... keep the normal flight path until they get near/over a major city, they just point the nose at the ground. Aim for something large downtown. 35,000ft to impact in under 7 minutes. Even if the plane was hit by a missile from a figher jet, it'd still fall in a flaming wrek over the city.

    Or perhaps this... You can learn to fly a small plane like a Cessna, Beechcraft, Piper, etc in a matter of days. At least well enough for a suicide run. These planes have a usable cargo load of above 1500lbs in most cases (that's a LOT of bomb). Imagine a fleet of 19 of these things loaded with high explosives making a systematic hit on a downtown area. Again.. no metal detctors, no bomb-sniffing machines, no passengers to deal with. Just the attackers and their ordinance.

    • by FreeUser ( 11483 ) on Thursday July 18, 2002 @05:36PM (#3912558)
      Or perhaps this... You can learn to fly a small plane like a Cessna, Beechcraft, Piper, etc in a matter of days. At least well enough for a suicide run. These planes have a usable cargo load of above 1500lbs in most cases (that's a LOT of bomb)

      First, most GA Cessna's, Pipers, and Beechcraft (I own one of the latter) have a usable load of only between 800 - 1100 lbs. By the time you have a 200 lb adult male, that amount is reduced to 600 lbs. The number you cited includes fuel, which weighs a significant amount.

      Even if you loaded up with 600 lbs of c4 in an aircraft, especially a light aircraft with neither the speed, fuel capacity, or mass needed to do anything remotely like 9/11, you would pretty ineffective. Indeed, from the terrorist's point of view it would be a collasal waste ... most of the energy would go away from the building, harmlessly out into the air. Unlike on the ground, where the energy would eminate outward in a hemisphere (instead of a sphere), most of it doing damage to the target area.

      As has been demonstrated in Florida and Italy, there isn't a whole lot of damage you can do with a light aircraft, even one full of fuel. The things are flimsly and light, don't carry all much fuel to begin with (my Beechcraft carries 60 gallons), and don't have much usable cargo weight. The kid in Florida managed to break a window in his suicide run ... he could have done more damange with an armload of bricks and lived to brag about it.

      Your scenerio with the charter of a large aircraft is more realistic, but light aircraft on the other hand are about the least effective delivery method you can use, unless of course you have a dirty, or atomic, bomb and just need altitude for maximum dispersal...maybe you'll irradiate an extra mile or so, but of course, there again, concentration will be reduced, making the overall toxicity of the event signficantly lower than a ground attack.

      Ditto for biological or chemical agents.

      Frankly, terrorists chances of success are a lot higher if they just rent a large truck and drive it up next to the target ... which frankly makes me more than a little nervious as I work across the street from one of the primary 'targets' the pundits always like to talk about when exploring such scenerios.
  • by MrIcee ( 550834 ) on Thursday July 18, 2002 @06:43PM (#3913029) Homepage
    Here are three stories I can relate about airline security since 9/11:

    Story 1:

    I am an arab american, palestinian to be exact (born in palestine but adopted as a baby by american missionaries).

    A few weeks after 9/11 I had to fly from my home in Hawaii to Witchita Kansas (the home of modern aviation I might add, this is where all the big planes are made). I expected the worst.

    Throughout the entire trip, I was never once searched nor questioned. I waltzed right through with minimal checks (e.g., normal xray, that's all). Everyone was asked to compare their ID with their ticket, by a guard at the gates EXCEPT on the way out of Witchita... there, I showed my ID and a very irate guard told me she didn't need to see it and to please move on (nobody else was in line with me either).

    Now... I certainly look arab. I AM arab... I would expect to be profiled. However, being adopted I do not have an arab name, and being adopted as a baby, I do not have an accent. Add a Hawaiian Aloha shirt and viola... an arab waltzes right through security.

    Story 2:

    In december I took a vacation back to the mainland with a male friend of mine. Again, no checks, no stops, no Scarlet Pumpernickle (the *S* search S they scrawl on your ticket). On the way over there was a HUGE search line. I saw a number of pakastani women (in full garb) in one line and IMMEDIATLY got in that line. The pakastani women were made to stand over rubber mats and they were very well checked. I was brisked on through, no check. Hrmmmmmmm. Profileing? Lousy job.

    Interestingly enough, on the way back my friend made an expensive impulse buy of a Parrot. At the gate, this time, we both received the Scarlet Pumpernickel... were very simply patted (the guy in front had to remove his shoes, but we were wearing rubba slipahs and they didn't make us remove them). However, they insisted that the parrot had to be removed from the cage and searched. My friend refused and said the parrot would simply fly away. Eventually the captulated and allowed us to board the plane without checking the parrot.

    Story 3:

    Friend of mine owns a hotel here. About a year before 9/11 a 80ish year old couple came to the island and, on one of their hikes, found a huge bowie knife (7 inch blade, huge thing). THey put it in their luggage and returned to the mainland.

    AFTER 9/11 (this January for that matter) they returned to Hawaii. Upon flying from the East Coast, making transfers, and then flying to several islands over several days (therefore, lots of security checks), lo and behold they found in their suitcase, the forgotten bowie knife. HOW did this make it through that many security checks?

    Bottom line? Profileing? Yes, it happens (witness the Pakastani women) - but they're doing a lousy job. As I heard the head of Israel security say the other day on TV... "yes we profile, but we only profile those we need to... there is no need to profile an 80 year old couple". With this type of thinking - it's obvious to me that even if you ARE arab... having no accent, an enlish name, and an aloha shirt, or being 80 years old, gets you out of the profile list. If it's that easy for me to figure out, won't others figure it out too?

    Security is only good if it WORKS. Security for security sake does nothing. Losing your rights over security that does not work is a travesty.

    Aloha

  • Search yes, ID no (Score:5, Informative)

    by Animats ( 122034 ) on Thursday July 18, 2002 @07:15PM (#3913252) Homepage
    I thought this had been settled. [permanenttourist.com] Airlines can search, but can't insist on ID. The previous big push for ID was to prevent reselling of frequent-flyer tickets.

    It's a major issue: does the Government have the right to track your travel? Historically, the answer for U.S. citizens within the US has been "no".

    U.S. Transportation Security Agency regulations 1544.201 [dot.gov] do not call for an ID check, just searches of passengers. Airport employees are subject to stringent ID checks, but passengers don't seem to be. And those regs are dated February 22, 2002; they're definitely post-9/11.

    Gilmore's lawyers have probably read that material. The ID requirement doesn't seem to rest on law or regulation. Airlines may wish to impose such a requirement, but the Government doesn't seem to.

  • Airlines need ID (Score:5, Interesting)

    by Quixote ( 154172 ) on Thursday July 18, 2002 @11:46PM (#3914615) Homepage Journal
    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!

Solutions are obvious if one only has the optical power to observe them over the horizon. -- K.A. Arsdall

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