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9/22/2017 12:11:25 AM
Posted: 11/20/2002 11:45:53 AM EDT
"John Gilmore sues Feds over secret your-papers-please rule" Interesting--here our own government is creating a damned if you do, damned if you don't situation using rules and regulations that can't even be found in any written form (this should never happen in the United States under any circumstance--arbitrary government is something totalitarians do). It's the new McCarthyism. Embracing big government is embracing tyranny, no matter what country, what system of laws, or what supposed protections there are against abuse. I hope the guy wins his case, but I know he won't because the federal courts will make sure he doesn't. See what happens happens when every single thing becomes politicized and when judges become mere pawns of the system? No justice, no freedom, and no chance that America can avoid becoming a police state. Read on: --- The US Government has responded to my lawsuit challenging the unpublished air-ID egulations. 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
Link Posted: 11/20/2002 12:03:35 PM EDT
John Gilmore... Was he one of the original Sun Microsystems guys? If so he may have some money to back this.
Link Posted: 11/20/2002 12:13:10 PM EDT
[img]http://us.news2.yimg.com/us.yimg.com/p/ap/20021120/capt.1037821068.pentagon_anti_terror_wx108.jpg[/img] Pete Aldridge, the chief of technology for the Defense Department, gestures during a Pentagon news conference Wednesday, Nov. 20, 2002 where he defended a project which he says is intended to test whether new computer tools can comb through masses of information --such as credit card and bank transactions, car rentals and gun purchases --and spot clues to the planning of terrorist acts. Critics have likened the program to domestic spying on the financial transactions of ordinary citizens. (AP Photo/Joe Marquette)
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