In researching the law on the right to travel to obtain an abortion, we were pleased to notice an advisory opinion from the Office of Legal Counsel (OLC) that, although only in passing, explicitly acknowledges the right to travel. OLC is the division of the US Department of Justice that serves as the office legal […]
In the latest escalation of surveillance of travelers, data from automated license plate readers (APLRs) is being merged with data from devices that record the unique identifiers of passing WiFi, Bluetooth, and Bluetooth Low Energy (BLE) devices, including always-on devices intended for in-vehicle communications, entertainment, and network access. Most new cars, SUVs, and light trucks […]
Narrowing the damage done by its 2015 ruling in the Identity Project case of Mocek v. Albuquerque, the 10th Circuit Court of Appeals has ruled that it is clearly established law that, even in a state such as New Mexico that requires individuals suspected of crimes to identify themselves to police on demand, a valid […]
In September of 2023, in a case that originated in Huntsville, Alabama, the 11th Circuit Court of Appeals ruled that “It was… clearly established at the time of Mr. Edgar’s arrest that [a police officer] could not demand he produce physical identification. And because Officer McCabe’s demands for an ‘ID’ or a ‘driver’s license’ went beyond what the statute and state […]
As we mark twenty years since the creation of this website for the Identity Project, perhaps it’s time to assess the state of freedom of movement in the USA and for US citizens. We’ve been reporting, in more detail than anyone else, on changes in policies and practices that affect our right to travel freely. […]
This month the Financial Crimes Enforcement Network (FINCEN) division of the Department of the Treasury began collecting copies of passports, drivers licenses, and other ID documents submitted by officers and owners of all sorts of companies. In other words, you now have to have a government-issued ID and provide an image of it, probably including […]
Today the Identity Project submitted our comments to the Transportation Security Administration (TSA) on the TSA’s proposed rules for “mobile driver’s licenses”. The term “mobile driver’s license” is highly misleading. The model Electronic Credential Act drafted by the American Association of Motor Vehicle Administrators (AAMVA) to authorize the issuance of these digital credentials and installation […]
The 11th Circuit Court of appeals has ruled that it is clearly established law that even in a state with a “stop-and-identify” law, and even if police reasonably suspect you of a crime, police may not require you to show ID or arrest you if you refuse to do so. We don’t think people should […]
Last week 404 Media published a report by Joseph Cox on how the New York Metropolitan Transit Agency’s website can be used as a remote stalking tool: anyone who knows a credit card number that was used to purchase or add value to an OMNY transit farecard could view a historical log of the last […]
At the invitation of the U.N. Office of the High Commissioner for Human Rights (OHCHR), the Identity Project has submitted our input for a forthcoming report by the U.N. Secretary-General to the General Assembly on “The Human Rights of Migrants”. Our previous submissions on this issue (2014, 2015) have been cited favorably in reports and […]