Mar 31 2008

ID Still Not Required To Fly

As reported several weeks ago and in accordance with the Gilmore decision, ID is not required to fly in the United States. Two recent documents have corroborated this fact. The first is today’s letter from South Carolina Governor Sanford to DHS in which he does not ask for an extension to comply with Real ID, but he does reference on its last page the Gilmore decision and the court’s determination therein that there is no ID to fly requirement.

The second is a letter from DHS dated March 22, 2008 to a private individual who queried DHS on their identification to fly policy after seeing signs in airports stating ID was required to fly despite the 9th Circuit’s ruling in Gilmore. This letter states that ID is, in fact, not required to fly domestically, despite DHS’ mis-truths printed on signs at airports.

This letter is important because the law that governs ID requirements to travel by air in the United States is identified by the Secretary of TSA to be Sensitive Security Information (“SSI”) meaning its release would be “detrimental to the safety of transportation” – meaning it’s “secret law” – meaning we can’t tell when the law has changed. All we are now allowed to know is that the law has not changed as of March 22, 2008.

We prefer the Federal Register as the resource for being alerted as to a change in the laws as opposed to DHS’ random corrections to their continuous mis-truths printed up on signs in our nation’s airports.

Mar 10 2008

IDP Helps Forment REAL ID Rebellion In California

After a long and uncharacteristic silence, the State of California is finally weighing-in on the national ID card debate: the anti-REAL ID Assembly Joint Resolution 51 was introduced today by Transportation Committee Chairman Pedro Nava.

At the Assembly’s invitation, IDP Director Jim Harrison was instrumental in drafting the Resolution: go Jim!

More on the Resolution can be read over at Ryan “That’s a shovel, not a spade” Singel’s webular log, 27 B-6.

Jan 11 2008

The REAL ID Final Rules Are Out

While we plow through the several hundred pages of text and figure-out precisely how heinous this National ID card scheme is, feel free to read it yourself:

Part the First
Part the Second


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Sep 21 2007

The Homeland Security Vacuum Cleaner

An Identity Project investigation into the incredible amount of personal information collected by DHS was published yesterday. Titled “Homeland Security’s Data Vacuum Cleaner In Action”, the report documents how DHS keeps track of your race, what you read, where you sleep and with whom you associate. Wired‘s story from yesterday was followed-up by a front page splash in today’s Washington Post. We are opposing the DHS proposal to exempt most of this information from the Privacy Act., and we have posted forms and instructions on how you can request a copy of your own travel dossier.

Sep 07 2007

Ninth Circuit dismisses ID to enter courthouse case

The Foti v. McHugh case challenging the identification requirement to enter a courthouse was dismissed by the 9th Circuit Court of Appeals last week in a startlingly dismissive manner. Despite the court’s appointment the law firm of Fenwick & West to act as pro bono counsel (IDP acting as co-counsel) for appellants after they had completed their own briefings pro se, the complete rebriefing of the case by all parties, and the oral argument last April, the court dismissed the case by means of an unpublished memorandum deficient of any meaningful legal analysis.

Appellant Foti was denied access to the Federal courthouse when he tried to enter it to represent himself when contesting a motion to dismiss in a case he had brought on a separate matter against the Federal government. Foti does not have ID and correctly states that no law requires him to get one – only that there are assorted punishments for not doing so. Foti was denied access to the court to argue on his behalf because he doesn’t own ID and his case was dismissed. Foti then brought another suit challenging the requirement to show ID to enter the courthouse which was then dismissed by the District Court and that dismissal is now affirmed by the Appellate Court.

The two-page memorandum simply states that Foti, and his friend Augustine who tried to accompany him and also owns no ID, “do not have a constitutional right to enter the federal building anonymously.” The court then cited two cases that did not support their statement.

Unfortunately, the question presented to the court was not whether anyone has a constitutional right to do anything anonymously, but rather whether the identification requirement itself is an impediment to the free exercise of appellants many important and protected constitutional rights exercised in the courthouse. This was brooked absolutely no analysis. By dismissing this case in such an off-hand manner the court is desperately trying to screw back on the lid of something they wish they had never opened. However, in doing so, they have screwed the lid on crooked and this matter will not remain contained.

Stay tuned.

Jun 26 2007

Today is Your Day to Stop Real ID

We have less than 48 hours to stop our nation from having a National ID card scheme.

The US Senate is scheduled to vote either today or tomorrow on two amendments that will remove Real ID provisions from the immigration bill.

Real ID is a very, very real national identification card. Sixteen states have passed legislation rejecting REAL ID: now it’s time for the Senate to do their part.

You can fax your Senators and take immediate action by visiting:

http://unrealid.com/action.html

May 17 2007

Alaska REAL ID Enabling Legislation Left to Rot on the Vine

Good news from the Last Frontier: The REAL ID Enabling Act of 2007 (HB3) failed to even get a floor vote in in the House before the Alaska state legislature adjourned for the year. There’s a chance the bill will be taken-up again next year, but Alaskans are an independent lot who don’t like being told they have to carry ‘papers’.

The Identity Project is proud to have testified at every hearing held on HB3; and was instrumental in drawing attention to the real problems with REAL ID.

State Rep Bob Lynn (R), a nice guy who should know better than to push totalitarian nonsense down the throats of his constituents, has been pimping REAL ID snake oil for several years. Fortunately, he hasn’t been terribly successful.

Alaskans need to remain vigilant. They’ll have their chance over the next couple of months as an IDP assisted lawsuit against the Alaska DMV for changing their drivers license rules goes forward in state court.