In this case, we are seeking to compel U.S. Customs and Border Protection (one of the components of the DHS) to disclose:
- The CBP/DHS “travel history” dossier about Mr. Hasbrouck, compiled from airline reservations (PNRs) and other commercial and government data and contained in the (illegal) CBP “Automated Targeting System” (ATS), including “risk assessments” of Mr. Hasbrouck and the rules used to determine those risk assessments;
- An “accounting of disclosures”, as required by the Privacy Act, showing which other government agencies or other third parties have been given access to which of this data, and when; and
- General information about how ATS data is indexed and retrieved.
Our main argument for summary judgment in our favor (and in opposition to CBP’s cross-motion) is contained in our proposed order, supporting brief, and Mr. Hasbrouck’s supporting declaration. Additional supporting declarations and exhibits are linked here. Following reply briefs to be filed next month by each side, oral argument is scheduled for August 25th in Federal District Court in San Francisco.