CBP’s answer to our lawsuit: Deny everything, and claim that nobody has any rights

Where has your PNR data gone?

Where has your PNR data gone? (click image for larger version or here for details)

The U.S. government has filed its initial answer to our lawsuit against U.S. Customs and Border Protection (CBP) for illegally withholding records of its travel surveillance system, and an initial procedural hearing in the case has been scheduled for Thursday, January 6, 2011, at 10 a.m. in San Francisco.

But if the government’s claims are true, the implications of some of them are shocking. In particular, they claim that, “Plaintiff was provided all documents that he is entitled to by law,” even though — like everyone else who has requested their records from the “Automated Targeting System” (ATS) — we have never received anything that was even claimed to be in response to my request for the “accounting of disclosures” required by the Privacy Act. Nor did we receive anything which was even claimed to be the “risk assessments” made of me, or the rules for determining those risk assessments, both of which were mentioned in CBP’s years-belated official notice of the contents of the ATS.

In other words, the government is claiming in answer to our lawsuit that nobody — not even U.S. citizens — has any legal entitlement to know what other government agencies or third parties have received their travel records including PNR’s from CBP, what “risk” scores (used to decide whether to allow us to fly, or how to treat us) have been assigned to us, or how those scores have been generated.

So much for any pretense of transparency, accountability, or access rights. Nobody has any right to know who has gotten our PNRs, or how they are being used against us.

The initial “case management conference” will be our first chance to meet the government’s lawyers and the judge to which the case has been assigned, Judge Richard Seeborg of the U.S. District Court for the Northern District of California. We expect it to be brief, and to be solely concerned with setting a schedule for filing of preliminary motions. But it will be open to the press and the public, and you are welcome to attend.

The hearing will be on Thursday, January 6, 2011, at 10 a.m. in Courtroom 3 on the 17th floor of the Phillip Burton Federal Building and U.S. Courthouse, 450 Golden Gate Ave. (between Polk and Larkin, near Civic Center), in San Francisco.

More information including links to news reports are in our FAQ about the case.

5 Responses to “CBP’s answer to our lawsuit: Deny everything, and claim that nobody has any rights”

  1. Papers, Please! » Blog Archive » DHS says they should get our PNR data, but we shouldn’t Says:

    [...] Papers, Please! Challenging ID Demands The Identity Project explores and defends the fundamental American right to move freely around our country and to live without constantly having to prove who we are or why we are here. Home The Issue Who We Are What We Do Secure Flight Featured Cases Policy Analysis Lawyer’s Corner Take Action Press Room Contact Us Friends « CBP’s answer to our lawsuit: Deny everything, and claim that nobody has any rights [...]

  2. anonymous Says:

    The image is not accurate. In Europe and especially in Germany Amadeus has a large market-share and direct connections to the agencies/etc. too. The images suggests that only Sabre has those connections

  3. Edward Hasbrouck Says:

    @anonymous: Sabre was used in this illustration only as an example — all of the major GDSs have similar connections. Similarly, a few selected other countries, other government agencies, etc. were used as examples, although many others also could get access to this information. Other illustrations form the same slide show explicitly showed soem of the connections to Amadeus.

    See the complete slide show:
    http://hasbrouck.org/IDP/IDP-PNR-BRU-8APR2010.pdf

    And the video of our testimony explaining it:
    http://hasbrouck.org/blog/archives/001855.html

  4. Twitter Trackbacks for Papers, Please! » Blog Archive » CBP’s answer to our lawsuit: Deny everything, and claim that nobody has any rights [papersplease.org] on Topsy.com Says:

    [...] Papers, Please! » Blog Archive » CBP’s answer to our lawsuit: Deny everything, and claim that no… papersplease.org/wp/2010/12/21/cbps-answer-to-our…everything-and-claim-that-nobody-has-any-rights/ – view page – cached Home The Issue Who We Are What We Do Secure Flight Featured Cases Policy Analysis Lawyer’s Corner Take Action Press Room Contact Us Friends « Phil Mocek trial postponed again; no hearing Thursday DHS says they should get our PNR data, but we shouldn’t » [...]

  5. Papers, Please! » Blog Archive » DHS moves to dismiss our Privacy Act lawsuit Says:

    [...] either the facts or the law. As we expected, their argument is a mix of lies about the facts and claims that nobody — not even a U.S. citizen — has any rights under the Privacy Act to see what’s in the DHS dossier about their travels, or how it is [...]

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