Archive for July, 2017

Fact-checking the FAQs on ID to fly

Thursday, July 20th, 2017

In May and June of 2017, several new FAQs about “requirements” for travel on common-carrier airlines were posted on TSA.gov and DHS.gov:

Statements about current and future ID “requirements” similar to those on these websites have also appeared on official signs in some airports.

It should go without saying that neither government websites nor informational signs in airports create legal rights or obligations or can be relied on as authoritative statements of the law.

Federal law is contained in the US Constitution, international treaties duly ratified by the US in accordance with the US Constitution, the US Code, and US Public Laws. Federal regulations are contained in the Code of Federal Regulations. The Freedom of Information Act requires that binding Federal agency rules, regulations, and orders of general applicability be published in the Federal Register.

If you want to know what the law says, you need to read the law, not press releases from government agencies or anyone else (including us!).

This is especially important with respect to the TSA, since the TSA website and TSA signs in airports have for years included statements about ID requirements to fly that have been disclaimed by TSA witnesses testifying under oath and by TSA lawyers arguing before Federal courts.

So what is the TSA saying now about ID to fly? Is it true? And is it legal?

The TSA’s latest public statements are more accurate than some of the agency’s previous press releases about ID to fly, and may (although we can’t really tell, given the absence of fomal proposals or published rules) accurately describe the changes the TSA intends to implement. But major questions remain about the legality of both current and possible future ID practices at TSA and contractor checkpoints at US airports.

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CBP is taking mug shots of US citizens who leave the country

Sunday, July 16th, 2017

US Customs and Border Protection (CBP) has expanded its photography of the faces of all non-US citizens entering or leaving the US (under the “US-VISIT” program) to add mug shots of US citizens leaving the country, starting with all passengers on a daily flight on United Airlines from Washington Dulles Airport (IAD) to Dubai, U.A.E. (DXB).

This exit photo scheme is part of a larger program of biometric traveler tracking for which CBP and DHS recently opened an entire new database management and airport procedures simulation facility.

US citizens have the legal right not to submit to this mass surveillance and travel control scheme. But as with your right to fly without ID, CBP notices at airports won’t tell you that. You need to know your rights and be prepared to assert them.

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