[ga] Re: FC: Update on John Gilmore's lawsuit over secret FAA regulations

[Jeff Williams <jwkckid1@ix.netcom.com>]

Declan, John and all,

  Well it looks like ole John got hoist on his own petard this time.  >;)
But I must agree with him anyway as this sort of infringement on privacy
seems
very verbose.  So John, where the hell were you three years ago?  I know
where you were.  You were FOR this sort of intrusion than...

  So John I guess this means that we will not be seeing you in Amsterdam
for the ICANN meeting due to your lack of proper ID?  >:)

Declan McCullagh wrote:

> Previous Politech message:
>
> "John Gilmore sues Feds over secret your-papers-please rule"
> http://www.politechbot.com/p-03776.html
>
> ---
>
> To: declan@well.com, gnu@new.toad.com
> Subject: Re: FC: Transportation Security Admin. confirms do-not-fly list
> In-reply-to: <5.1.1.6.0.20021114234904.0589a6d0@mail.well.com>
> Date: Fri, 15 Nov 2002 02:16:58 -0800
> From: John Gilmore <gnu@toad.com>
>
> The US Government has responded to my lawsuit challenging the
> unpublished air-ID regulations.  In summary, they argue that I can't
> challenge the no-fly list or anything other than the ID demand
> because, having never shown ID, the no-fly list was not applied to me;
> that I can't sue in a District Court anyway because the Court of
> Appeals is supposed to have original jurisdiction; that the government
> can make any rule it wants which relates to air security, and penalize
> the public over violations, without ever telling the public what the
> rule is; that being refused passage unless I present an ID does not
> infringe my constitutional right to travel anyway; that being
> prevented from traveling anoymously does not implicate any First
> Amendment interests; that all forms of airport security are fully
> constitutional 4th-Amendment searches; and that since my right to
> travel is not being infringed, these searches give me equal protection
> just like all members of the public, because any 'rational' reason for
> singling me out will suffice.
>
> The regulations I'm challenging purport to require air and train
> travelers to show a "government issued ID".  Every traveler has been
> subjected to these "requirements", but it turns out that they aren't
> really required by any published law or regulation.  And if you refuse
> to meet the supposed requirements, you find out that there are
> alternative requirements, that they weren't telling you about.
>
> It is easy for the government to single out members of Greenpeace, and
> prevent them from flying using a no-fly list, by making everyone show
> ID to fly.  (If no ID was required, any persecuted minority would soon
> learn to fly under assumed names.)  The Nixon Administration had its
> "enemies list", who it subjected to IRS audits and other harassment.
> But even that evil President didn't prevent his "enemies" from
> moving around the country to associate with anyone they liked.  The
> Bush Administration's list interferes with freedom of association and
> with the constitutional right to travel.
>
> As my experience on July 4th, 2002, in the San Francisco airport
> demonstrated, people are free to not show ID, if they spend half an
> hour arguing with security personnel.  But then, catch-22, they can
> board the plane only if they'll submit to a physical search like
> the ones they subjected Green Party members and other "on the list"
> people to.
>
> So, you can identify yourself to them and be harassed for your
> political beliefs, unconstitutionally.  Or you can stand up for your
> right to travel anonymously, and be searched unconstitutionally.  Or
> you can just not travel.  That's why I'm suing the government.
>
> The government motion to dismiss my case is filed at:
>
>    http://cryptome.org/gilmore-v-usa-fmd.pdf
>
> The index to all the related documents is at:
>
>    http://cryptome.org/freetotravel.htm
>
> We will be filing our reply by the end of November.
>
>         John Gilmore
>
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Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 127k members/stakeholders strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number: 214-244-4827 or 972-244-3801
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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