Legal

Keep Your ID Handy to Fly

Thalia.

Posted to Legal on Fri Jan 12, 2007 at 01:15:34 PM EST (promoted by port1080). RSS.

The US Supreme Court, without comment, just denied John Gilmore's request for cert.  Just to refresh your memory, John Gilmore challenged the requirement for showing ID at the airport, and the bus, for travel on multiple grounds.  In particular, he objected to having to follow a regulation that he could not actually view (the Security Directive specifying this regulation is secret), and claimed that it implicated his right to travel.

The 9th Circuit Court of Appeals ruling (PDF), therefore stands.  The 9th Circuit held that Gilmore didn't have standing to challenge CAPPS or anything not directly related to the ID requirement on flights, and that the unnamed regulation was valid and acceptable because "burdens on a single mode of transportation do not implicate the right to interstate travel."  They further suggest that the regulations do not implicate the 4th Amendment (search & seizure) because "[a]n individual is seized within the meaning of the fourth amendment only if, in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave."  Gilmore was clearly free to leave.  And the search was "minimally intrusive."

The fact that the regulation wasn't presented to him was not a problem because "the identification policy here does not impose any criminal sanctions, or threats of prosecution, on those who do not comply" and "Gilmore had actual notice of the identification policy" which was sufficiently specific (the court reviewed the regulations in camera and under seal, i.e. without releasing them to Gilmore or the public).

Tags: written by Thalia, edited by Port1080, airplanes, government, identification (all tags)

This story: 14 comments (3 from subqueue)
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1

A Clear Subject.

pO157.

Fri Jan 12, 2007 at 03:46:09 PM EST

5.00 (astute)

I disagree with the ID requirement to board airplanes.

IIRC, the current system requires you to hand your ID to a minimum wage private contractor who matches your ID to your boarding pass before you even approach the TSA security checkpoint. Some airports allow you to go through without ID, but you have to be subjected to a more intrusive search, others do not. I often wondered if this made it technically possible to get stranded in a city if your wallet got stolen.

This could not possibly improve security. To me, proponents seem to like these types of rules for two (2) reasons:

1) It requires people to travel under real names, making criminals easier to ferret out.

This doesn't make sense to me in light of the fact that if ID checking was so important it obviously doesn't make sense for it to be performed by a minimum wage contractor, in a position with 500% turnover. Also, in an age where fake IDs and fake boarding pass generators are common, it wouldn't be too hard for anybody who wants to bluff their way past a checkpoint.

2) If something happens, the ID checkers will remember their interaction with the person and be able to give investigators some information.

I recall this being discussed in the papers when postal security was heightened in the wake of that Unabomber maniac. Even then it didn't make much sense to me, as an overworked postal clerk obviously won't remember everybody who comes in to mail a package, especially if the person makes any effort towards blending in and pays by cash.

However, I do not think this policy will be recinded anytime soon. I've seen a few places relate the story that ID cards were supposedly required due to President Clinton wanting to be able to say security was being tightened up after the TWA catastrophe. It seems to me that current airport security policies are all about maintaining the illusion of safety and security, and removing this ID card policy would go against that.

I recall supporting the creation of a government airport security force after 9/11. Now, I think I was I wrong as it looks like it simply became another massive government bureauocracy. I would much rather the TSA make every single passenger who wants to board an airplane, or work in the concourse, pass through a walk through explosives detector in addition to a metal detector. I think this would actually improve security instead of having to simply show ID cards. People could fly anonymously for all I care, as long as they submit to secure screening.

However,  it is likely the TSA will continue to monitor its employees sock choice, instead.

On another point, one group who I think will not want the ID requirement dropped is the airlines. I have heard many a story of how "back in the day" travel buisnesses who held multiple frequent flier accounts and who would pay students a small stipend to fly to exotic destinations during their breaks and immediately return. The company, of course, would have booked these tickets in bulk when prices were low and bought them all on one frequent flier account, paid students to show up at the airport under the generic name, and since no ID was required the company could then pocket the tons of miles and use them to get expensive trips for free to sell to legit paying customers. I am sure airlines are happy that this practice has stopped.

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Re: A Clear Subject.

AI.

Tue Jan 16, 2007 at 12:31:35 PM EST

5.00 (astute)

"This doesn't make sense to me in light of the fact that if ID checking was so important it obviously doesn't make sense for it to be performed by a minimum wage contractor, in a position with 500% turnover."

Any chance you could back that up?  I'm not being snarky, just surprised/skeptical it could pay that bad and have such a high turnover.

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Re: A Clear Subject.

pO157.

Tue Jan 16, 2007 at 07:40:56 PM EST

none

As you may well have guessed "500%" was due to the inevitable hyperbole on my part. One article I read says it is 12-20% at Charlotte. However, turnover seems to be a problem. IIRC from reading posts from TSA staff on other boards I frequent, who claim that the rate of coming and going was absurdly high at their stations, and if memory serves they also claimed the salaries weren't the best, either. But that is probably addressed in the above articles, as well.

Also, I hereby award you the Royal Order of the +5 Astute for your insatiable desire for truth and not truthiness. :)

2

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Re: A Clear Subject.

wetkarma.

Fri Jan 12, 2007 at 04:37:17 PM EST

none

I work in the security field.

I can attest that requiring ID does very little for security, more importantly you can always board without an "official photo id". Since 9/11 I've boarded with a credit card with my name on it (misplaced my drivers license in checked luggage) so its not like there is anyone one fixed set requirements.

Memory is a strange bell, jubilee and knell.

3

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Re: A Clear Subject.

pO157.

Fri Jan 12, 2007 at 04:48:39 PM EST

5.00 (informative)

You know, your post made me look on the TSA's website as to what constitutes positive-ID (whatever that means). I found this link which says the absence of proper government issued photo ID will result in proper screening.

Two Comments:

  1. The TSA folks in your case probably didn't know their own policy. I don't know what to make of that.
  2. If the above is true, the guy shouldn't have been refused access to the airport without ID. He should simply have been required to go through stricter checks.

I wonder if you printed that website out and handed it to the TSA agents if they would still let you through without ID.

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Re: A Clear Subject.

gerrymander.

Fri Jan 12, 2007 at 08:25:13 PM EST

5.00 (astute)

According to Gilmore's website, he was offered the option of going through a more strict check, but declined:

John then went to San Francisco International Airport and attempted to fly to Washington, DC on United Airlines.  There he was informed that if he was not willing to show ID he could fly, but only if he submitted to a far more intrusive search than what every passenger goes through at the security checkpoint.

He politely declined the search and again was not allowed to fly.

So basically, Gilmore's complaint is that airlines require security checks at all, however notional. To which I can only say, if it matters that much to you, buy your own damn Cessna.

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Re: A Clear Subject.

pO157.

Sat Jan 13, 2007 at 07:45:39 PM EST

none

Ah, Mr. Karma,

It popped in my head this morning that I actually forgot to put one of my more important questions in my last post.

As a security professional, what do you think about the TSA in general?

Mostly on the internets I mostly read bloviations from random armchair quarterback people, but I am curious about the opinions of somebody in the business itself.

Just curious.

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Re: A Clear Subject.

wetkarma.

Sun Jan 14, 2007 at 12:47:36 PM EST

5.00 (informative, interesting)


As a security professional, what do you think about the TSA in general?

I think that in general the organization does what it means to do -- which is to give a sense of security when people are travelling by air.

The TSA strives to create a perception that events like 9/11 are not repeatable or at least exceedingly hard to repeat. For the most part it seems as if that view of reality is well believed by air travellers.

From a security perspective -- nothing could be further from the truth. There are significant security gaps in the protocols for access  to Air Cargo planes (a 747 filled with Dell Computers is just as effective when crashed into a building as one filled with passengers), major risks associated with manpads (surface-air missiles) when planes are taking off/landing, and critical risks associated with the protocols for dealing with passengers.

Since you are probably most familiar with passenger protocols I'll go over a few:
The focus of the TSA is on screening rather than on vulnerability detection. As a result the key to defeating TSA security is to get past screening.

  1. Since IDs are only checked/reconciled with boarding passes at the security checkpoint: You can always buy a real ticket under a fake name, and then print a fake boarding pass to get past the security checkpoint. This allows people on the "no-fly" list to fly if they so choose. In addition visual checks of ID by the TSA is unable to provide any actual verification -- there are over 50 forms of photo identification that a TSA agent must contend with, training amounts to reconciling the picture in a photo id with whoever presents it. No bad guy is going to have an ID which says "I'm a terrorist"..there is virtually no security gained from ID authentication under the current system.

  2. Plastic/Ceramic blades are not detectable

  3. All TSA screening measures are completely predictable. Take for example taking laptops outside their cases -- all laptops carry miniature bombs i.e. their batteries. Confirming that the laptops indeed have bombs in them is all that the TSA does.

Essentially all the measures currently practiced by the TSA are fundamentally flawed.

Then we move on to organizational culture and morale. The TSA has a high turnover rate such that the people whom its employees tend to be always "new" at their jobs. The reasons for this are pretty much associated with the cultural model of the TSA -- people given power over others without strong institutional structure veer easily towards abuse.

In my mind it would be far better to remove all the current security checks and spend the money on air marshalls.

Memory is a strange bell, jubilee and knell.

11

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Re: A Clear Subject.

AI.

Tue Jan 16, 2007 at 12:34:06 PM EST

none

<i>The TSA strives to create a perception that events like 9/11 are not repeatable or at least exceedingly hard to repeat.<i>

I would think that they are more difficult to repeat.  This was a lesson learn in less than an hour by the passengers of flight 93. Combined with the awareness of passengers that allowing terrorist to get control of a plane was tantamount to death (an hence giving them a reason to resist), we also have reinforce cockpit doors and reinforced procedures for the flight crew to not allow admittance to the flight deck.  That pretty much ends the game of using passenger planes as weapons.

<i>From a security perspective -- nothing could be further from the truth. There are significant security gaps in the protocols for access  to Air Cargo planes (a 747 filled with Dell Computers is just as effective when crashed into a building as one filled with passengers), major risks associated with manpads (surface-air missiles) when planes are taking off/landing, and critical risks associated with the protocols for dealing with passengers.</i>

Ahhh, is see what you meant about "events <b>like</b> 9/11". I don't think anyone assumes checking ID is going to prevent a Surface to Air missile for being used.  As far as Air Cargo, I just assume the people flying those planes are checked by someone, at the very least the other pilots.

Since IDs are only checked/reconciled with boarding passes at the security checkpoint: You can always buy a real ticket under a fake name, and then print a fake boarding pass to get past the security checkpoint.

But doesn't the airline have to reconcile the boarding passes at the gate?

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Re: A Clear Subject.

wetkarma.

Tue Jan 16, 2007 at 01:33:56 PM EST

5.00 (informative)


I would think that they are more difficult to repeat.  This was a lesson learn in less than an hour by the passengers of flight 93. Combined with the awareness of passengers that allowing terrorist to get control of a plane was tantamount to death (an hence giving them a reason to resist), we also have reinforce cockpit doors and reinforced procedures for the flight crew to not allow admittance to the flight deck.  That pretty much ends the game of using passenger planes as weapons.

Allow me to draw your attention to TK1476 - a flight on turkish airlines on Oct 3, 2006 (i.e. last year) where not only was the plane hijacked, but the cabin was breached quite simply -- i.e. when the flight attendants entered to server the crew.

There are two things worth noting about TK1476 -- the "reinforced cockpit doors" idea didn't count for squat, and the "passengers assaulting the hijackers" also didn't happen.

In my opinion this demonstrates that given the right circumstance its perfectly possible to hijack a passenger airline even after 9/11.


But doesn't the airline have to reconcile the boarding passes at the gate?

All the airline checks at the gate is that you have a valid boarding pass. There have been times when my wife and I fly that she used my boarding pass to board and I hers. As long as the machine flashes "green" no checks are made to ensure that the boarding pass presented is yours.

So then in a made-for-tv movie plot here is what you need to do as a bad guy:

  1. Buy ticket in the name of Jim Patriot Wilson from any online website -- method of payment need not contain the same name as that on the ticket; it helps if you use a stolen credit card number available from many online "underground" forums.
  2. Print your boarding pass before arriving at the airport.
  3. Print a -separate- fake boarding pass in the name of Osama Bin Laden.
  4. Go to airport and present your fake boarding pass along with your biometrically , fingerprint certified "Osama Bin Laden" drivers license/passport/ID.
  5. Pass through security after being singled out for  extra search "travelling while looking like a foreigner".
  6. Pass through screening successfully (with your ceramic knife embedded in the lining or base of your luggage) sincethe name on your oarding pass matches your legitimate ID.
  7. Board airliner and order the kosher meal.

Naturally you can do variations on this but the key point is that the security checks at the airport does little if anything for security.

Memory is a strange bell, jubilee and knell.

6

Re: Keep Your ID Handy to Fly

cahironsuir.

Fri Jan 12, 2007 at 09:44:56 PM EST

5.00 (brilliant, astute, astute)

It doesn't bother me that we have to show ID to fly. It bothers me that there are laws that we aren't allowed to see.

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Re: Keep Your ID Handy to Fly

Thalia.

Fri Jan 12, 2007 at 11:57:18 PM EST

none

Agreed.  The part of the opinion I find disturbing is that since this is not a penal law (i.e. you can't get locked up for failing to follow it) you do not have a right to see the law.  All kinds of scary things can be hidden under that little rubric.  Apparently as long as it's not actually being locked up, the damage is not sufficient to meet the constitutional criterion.  

Thalia

5

Not All Stupid Things Are Unconstitutional

profwhat.

Fri Jan 12, 2007 at 09:35:47 PM EST

none

I admit it:  I have fantasized of suing the bastards responsible for long airline lines many times while standing in line.  I have dreamed up constitutional theories, most more creative than Gilmore's, and even thought of organizing a civil disobedience protest in which no one agrees to take off their shoes, or everyone walks down the first class "express" lane.

But the difference between me and him is that I don't act out my cantankerous fantasies.  How was Gilmore injured, exactly?  By having to show ID?  I'd hate to see how this guy acts in a liquor store, college campus bar, or polling place.  At least he was given the option of not having to show an ID; they offered to let him fly if he would submit to a wanding and shoe removal.  (I actually had no idea you could do that; I always assumed people who lost their IDs were stranded).

14

Because We say you can't, and you can't see it.

3fingerspointback.

Thu Jan 18, 2007 at 01:14:25 AM EST

none

"the identification policy here does not impose any criminal sanctions, or threats of prosecution, on those who do not comply"

WTF?  You can have secret laws as long as they don't land people in jail?  Did the Supremes just allow states to enact real-life Driving While Black ordinances, where people can get their driver's licenses revoked for no reason/"security reasons"?  Or prevent the incorrect classes of people from getting a business license?  Or maybe we can pull a Handmaid's Tale and put a freeze on all female-owned bank accounts to put women back in their place.

Or what's most likely is, maybe TSA agents, cops, inspectors, and other bureaucrats will get it into their heads to do shit like that regardless of what the law says.  Because they're ignorant, because they're bigoted, or because they're trying to extort some bribe money.  After all, it's not like you'd have any proof that they're acting outside the law.  If you can't get the press on your side, your only hope for justice lies in the hands of some crony supervisor who is more immediately effected by the loss of an employee than your own interests.

(is 3fingerspointback)

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