The Identity Project participates actively in U.S., Canadian, European Union, ICAO, and other international 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.
Travel and ID requirements
- US passports and freedom of international travel
- Buses, trains, and US domestic travel without ID
- City ID and the right to travel
- Fact-checking the FAQs on REAL-ID and ID to fly
- What will the future bring for ID demands?
Surveillance and control of travelers
- Who’s on the no-fly list? Now we know.
- FAQ: No-fly lists and no-fly decisions
- What’s happening with facial recognition at airports? (video, slides)
- Government surveillance and control of air travelers (video, slides)
- Secure Flight FAQ
- FAQ: U.S. government monitoring of social media
- FAQ: Does an airline pilot have the right to refuse to let you fly?
- FAQ: Your rights at the airport
- FAQ: Searches at airports and U.S. borders
- Tips for international travel to or from the US with a cellphone
- How to get a refund if you aren’t allowed to fly
- How To Request Your Own Travel Records (includes forms, instructions, and examples of DHS records)
White Papers, Research Reports, and Briefings
- “Freedom to Travel Act of 2021” (H.R. 6030 in the 117th Congress) (bill text)
- 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)
- Government Surveillance of Travelers (slides and video from a presentation at the Cato Institute and on C-SPAN, April 2, 2013; includes annotated examples of records from the DHS Automated Targeting System)
- The status of the REAL-ID Act of 2005 after 10 years (presentation at the Cato Institute, May 19, 2015; more)
- How the REAL-ID Act is creating a national ID database (February 11, 2016)
- National REAL-ID database replicates problems with FBI rap sheets (June 30, 2016)
- Yes, you can fly without ID (April 13, 2017)
- Secret Law and the Threat to Democratic and Accountable Government (written testimony submitted for a hearing before the Subcommittee on the Constitution of the Senate Judiciary Committee, April 30, 2008)
Comments and Testimony on Federal Laws and Regulations
Advance 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)
- “Advance Passenger Information System: Electronic Validation of Travel Documents”, USCBP-2023-0002 (April 3, 2023)
Advance Travel Authorization (ATA) and the “CBP One” app
“Advanced Imaging Technology” (Virtual Strip Search Machines)
- Joint letter to the Secretary of Homeland Security (May 31, 2009)
- “Passenger Screening Using Advanced Imaging Technology”, TSA-2013-0004 (June 18, 2013)
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)
Biometrics
- “Privacy Act of 1974, System of Records Notice (SORN) and implementation of exemptions, DHS/ALL-041 External Biometric Records (EBR) System of Records,” DHS-2017-0039 and DHS-2017-0040 (May 24, 2018)
- Testimony before the Port of Seattle Commission regarding policies for automated facial recognition at Sea-Tac Airport (December 10, 2019)
- Comments to the Port of Seattle Commission regarding policies for automated facial recognition at Sea-Tac Airport (February 25, 2020)
- Comments to the Port of Seattle Commission regarding policies and procurement of systems for automated facial recognition at Sea-Tac Airport (March 10, 2020)
- “Collection of Biometric Data from Aliens Upon Entry to and Departure from the United States”, USCBP-2020-0062 (December 21, 2020)
- Comments to the Port of Seattle Commission regarding signage for travelers about the collection of facial images at Sea-Tac Airport (April 12, 2022)
Border Crossing Information System (BCIS)
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)
- “Agency Information Collection Activities: Arrival and Departure Record (Forms I-94 and I-94W) and Electronic System for Travel Authorization (ESTA)”, USCBP-2007-0102-0016 (August 22, 2016)
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)
REAL-ID Act 0f 2005
- Comments to the TSA on “Phased Approach for Card-Based Enforcement”, TSA-2023-0003 (October 15, 2024)
- Comments to the TSA on “Mobile Driver’s Licenses”, TSA-2023-0002 (October 16, 2023)
- Testimony before the California Assembly on REAL-ID Implementation (November 20, 2019)
- Comments to the California DMV on Driver’s Licenses, ID Cards, and the REAL-ID Act (October 11, 2017)
- Testimony before the Alaska State Legislature on bills related to the REAL-ID Act (March 21, 2017)
- REAL-ID facts for Alaskans (March 22, 2017)
- Alaska and the Right to Travel by Air (April 4, 2017)
- Testimony before the Minnesota Legislative Working Group on REAL-ID Compliance (January 7, 2016)
- Articles from our blog about the REAL-ID Act
“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”
- Articles from our blog about “Secure Flight”
Social Media Surveillance
- FAQ: U.S. Government Monitoring of Social Media
- 60-Day Notice of Proposed Information Collection: DS-5535, Supplemental Questions for Visa Applicants, 1405–0226 (October 2, 2017)
- DHS/USCIS-ICE-CBP-001 Alien File, Index, and National File Tracking System of Records, DHS-2017-0038 (October 18, 2017)
- DHS/CBP-024 CBP Intelligence Records System (CIRS) System of Records, DHS 2017-0027 and DHS 2017-0026 (October 23, 2017)
TSA Identity Verification Procedures (Form 415)
- “Certification of Identity Form (TSA Form 415)”, TSA-2013-0001-0075 (January 9, 2017)
- “Certification of Identity Form (TSA Form 415)”, TSA-2013-0001-0075 (May 19, 2020)
TSA “Pre-Check”
United States Visitor and Immigrant Status Indicator Technology Program (US-VISIT)
Western Hemisphere Travel Initiative (WHTI)
- “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-2006-0097 (September 25, 2006)
- “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-2007-0061 (August 27, 2007)
Control of Communicable Diseases (Quarantine)
Litigation
- Hasbrouck v. CBP — Federal lawsuit against U.S. Customs and Border Protection (CBP) for violations of the Privacy Act and FOIA (filed August 25, 2010)
- Philip Mocek. v. Albuquerque, et al. — Federal civil rights lawsuit for false arrest at TSA checkpoint (filed November 4, 2011)
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)
- Complaints 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)
- Request for review by the Interagency Working Group on Human Rights Treaties of DHS responses to our complaints of violations of the ICCPR (December 8, 2011)
- 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 the list of issues adopted in 2013 for its 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)
Supplemental updates by the Identity Project to the UN Human Rights Committee for its March 2014 review of US implementation of the ICCPR (February 10, 2014):
- Executive Order 13107 and complaints and remedies for violations of the ICCPR
- Violations of the right to freedom of movement (ICCPR Article 12)
Recommendations to the U.N. Office of the High Commissioner for Human Rights (OHCHR):
- Human rights of migrants (May 12, 2023)
- Protection of the human rights of migrants: migrants in transit (November 16, 2015)
- Freedom of movement and the rights of migrants, refugees, and asylum seekers (May 30, 2014)
Submissions by the Identity Project to the UN Human Rights Committee regarding the list of issues to be adopted in 2019 for its periodic review of US implementation of the International Covenant on Civil and Political Rights (January 14, 2019):
- Lack of Remedies for Violations of the ICCPR by the USA (joint submission by the Identity Project and the US Human Rights Network)
- Interference by the USA with Freedom of Movement (including violations of rights recognized in the ICCPR to freedom of movement, assembly, association, and privacy)
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)
- Why the US Judicial Redress Act is worthless as a protection for Europeans’ rights (February 25, 2016)