Papers, Please!

The Identity Project participates actively in U.S. and European Union regulatory and policy development proceedings through policy analysis, research, written comments, white papers, and testimony on proposed rules and regulatory notices. We monitor ID-related regulatory filings in the Federal Register and E.U. notices, but we also welcome your tips on upcoming or pending regulations we may not have noticed. Following are some of our testimony, comments, and other submissions in rulemakings related to ID requirements and identity-based surveillance and control of movement.

White Papers and Research Reports

• What Is To Be Done About the TSA? (white paper, November 17, 2010) (PDF)
• Proposed Agenda on the Right to Travel (Submitted to the House Committee on Homeland Security Roundtable: “A Path Forward: Constitutional Protections in Homeland Security”, Washington, DC, December 3, 2008) (PDF)
• Homeland Security’s Data Vacuum Cleaner in Action: an investigation of the Automated Targeting System by the Identity Project, September 19, 2007 (more from the IDP blog here)
• Government Surveillance of Travelers (slides and video from a presentation by Edward Hasbrouck of the Identity Project at the Cato Institute and on C-SPAN, April 2, 2013; includes annotated examples of records from the DHS Automated Targeting System)
• How To Request Your Own Travel Records (includes forms and instructions)

Comments and Testimony on Federal Regulations

Advanced Passenger Information System (APIS)

• “Passenger Manifests for Commercial Aircraft Arriving in and Departing From the United States; Passenger and Crew Manifests for Commercial Vessels Departing From the United States,” USCBP-2005-0003 (October 12, 2006)

Automated Targeting System (ATS)

• “Privacy Act of 1974, System of Records Notice (SORN), DHS/CBP-006, Automated Targeting System (ATS),” DHS-2006-0060 (December 4, 2006)
• Supplementary Comments, “Privacy Act of 1974, System of Records Notice (SORN), DHS/CBP-006, Automated Targeting System (ATS),” DHS-2006-0060 (December 29, 2006)
• “Privacy Act of 1974, Implementation of Exemptions, Automated Targeting System,” DHS-2007-0043 (September 5, 2007)
• Homeland Security’s Data Vacuum Cleaner in Action (an investigation of the Automated Targeting System by the Identity Project, September 19, 2007)

Border Crossing Information System (BCIS)

• “Privacy Act of 1974, System of Records Notice (SORN) DHS/CBP-007, Border Crossing Information (BCI),” DHS-2007-0040 (August 25, 2008)

Electronic System for Travel Authorization (ESTA)

• “Changes to the Visa Waiver Program (VWP) to Implement the Electronic System for Travel Authorization (ESTA) Program,” USCBP-2008-0003 (August 8, 2008)

Passport Fees, Passport Forms, and RFID Chips in Passports

• “Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates” DOS-2010-0035 (March 11, 2010)
• 60–Day Notice of Proposed Information Collection: DS–5513, Biographical Questionnaire for U.S. Passport, 1405–XXXX (April 24, 2011)

Secure Flight

• Testimony before the Department of Homeland Security, Transportation Security Administration, “Proposed Rules for the Secure Flight Program, TSA-2007-28572″ (Washington, September 20, 2007)
• “Secure Flight Program,” TSA-2007-38572 (October 22, 2007)
• Secure Flight FAQ
• Additional documents and references about “Secure Flight”

United States Visitor and Immigrant Status Indicator Technology Program (US-VISIT)

• “Enrollment of Additional Aliens in US-VISIT,” DHS 2005-0037 (August 28, 2006)

Western Hemisphere Travel Initiative (WHTI)

• “Documents Required for Travelers Departing From or Arriving in the United States at Sea and Land Ports-of-Entry From Within the Western Hemisphere,” USCBP-2006-0097 (September 25, 2006)
• “Documents Required for Travelers Departing From or Arriving in the United States at Air and Sea Ports-of-Entry From Within the Western Hemisphere,” USCBP-2007-0061 (August 27, 2007)

Whole Body Imaging (Virtual Strip Search / Body Scanners)

• Joint letter to the Secretary of Homeland Security (May 31, 2009)

Additional complaints of violations of laws and treaties by Federal agencies

• Complaint of discrimination on the basis of national origin by the TSA (December 11, 2009)
• Complaint of violation of the Freedom of Information Act (FOIA) and criminal violation of the Privacy Act by the TSA (December 16, 2009)
• Complaint of violations of Article 12 (Freedom of Movement) of the the International Covenant on Civil and Political Rights (ICCPR) by the DHS (August 10, 2010)
• Federal lawsuit against U.S. Customs and Border Protection (CBP) for violations of the Privacy Act and FOIA (Hasbrouck v. CBP, filed August 25, 2010)
• Complaint of violations of Article 12 (Freedom of Movement) of the International Covenant on Civil and Political Rights (ICCPR) by the Department of State (April 24, 2011)

International Human Rights Treaty Proceedings

Submissions by the Identity Project to the UN Human Rights Committee regarding issues for its 2013 periodic review of US implementation of the International Covenant on Civil and Political Rights (December 28, 2012, as part of a joint submission to the UNHRC by the US Human Rights Network):

• Handling of complaints of violations of U.S. obligations pursuant to the ICCPR
• Requirements for government-issued travel documents
• Detention, interrogation, and search of travelers (co-signed by the Consumer Travel Alliance)
• Permission-based government controls on air and surface travel
• Surveillance and monitoring of travelers (co-signed by the Consumer Travel Alliance)

European Union Regulatory and Legislative Proceedings

Passenger Name Records (PNRs)

• Testimony to the LIBE Committee of the European Parliament and the Article 29 Working Party, “Transfers of PNR Data From the European Union to the United States” (Brussels, 26 March 2007)
• Testimony at a public hearing chaired by MEP Jan Philipp Albrecht on “Protection of Personal Data in Transatlantic Security Cooperation: SWIFT, PNR & Co. - which way forward?” (Brussels, April 8, 2010)
• Analysis of the May 2011 draft of the proposed “Agreement between the United States of America and the European Union on the use transfer of Passenger Name Record [PNR] data to the United States Department of Homeland Security” (May 27, 2011)
• Testimony at a workshop on PNR data, Computerized reservation Systems, and “cloud services” hosted by MEP Eva Lichtenberger, member of the TRAN Committee (October 19, 2012)
• Analysis of the final version as initialed in November 2011 of the “Agreement between the United States of America and the European Union on the use transfer of Passenger Name Record [PNR] data to the United States Department of Homeland Security (November 28, 2011)
• FAQ: Transfers of PNR Data from the EU to the USA (March 2012)

Computerised Reservation Systems (CRSs)

• European Commission Directorate-General for Energy and Transport, “Public Consultation: Possible Revision of Regulation 2299/89 on a Code of Conduct for Computerised Reservation Systems (CRS)” (April 27, 2007)

Canadian Regulatory and Legislative Proceedings

Passenger Name Records (PNRs)

• Testimony to the Canadian House of Commons’ Standing Committee on Transport, Infrastructure and Communities on Bill C-42, the “Strengthening Aviation Security Act” (Ottowa, 30 November 2010)