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<title>Discourse.net/Law: Right to Travel</title>
<link>http://www.discourse.net/archives/rooms/law_right_to_travel/</link>
<description>Law: Right to Travel-related posts from Discourse.net</description>
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<title>TSA Follies</title>
<description><![CDATA[<p><span class="caps">CBS, </span><a title="cbs2chicago.com - Fliers Complain About X-Rated Security Screenings" href="http://cbs2chicago.com/investigations/xrated.security.screenings.2.777423.html">Fliers Complain About X-Rated Security Screenings</a></p>

Horror stories, plus a statistic:<blockquote>out of 2 billion passengers screened nationwide since 9-11, there have been only 110,000 abuse complaints. </blockquote>

<p>Only?</p>

<p>Let&#8217;s see.  110,000 complaints per 2bn passengers.  110 per 2m.  1.1 for every 20,000, or one per 18,181.  What&#8217;s that per day, per airport?</p>

<p><span class="caps">MIA </span>runs <a href="http://www.miamiherald.com/business/breaking-news/story/604519.html">2.8m passengers per month</a>.  If it has average <span class="caps">TSA </span>staff, that would generate about five complaints of abuse <i>every day</i> at <span class="caps">MIA </span>alone.  Doesn&#8217;t sound like &#8220;only&#8221; to me!</p>]]>
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<guid>http://www.discourse.net/archives/2008/07/tsa_follies.html</guid>
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<title>Homeland Security Official Expresses Interest in Shock Bracelets for Air Travellers</title>
<description><![CDATA[<p>Cosmic Iguana has found something incredible at <a title="Cosmic Iguana - Voice of the Evil Doers: TURNING TRAVELERS TO PRISONERS" href="http://www.cosmiciguana.com/2008/07/turning_travelers_to_prisoners.html"> TURNING <span class="caps">TRAVELERS</span> TO <span class="caps">PRISONERS</span></a>.  The source is the Washington Times, so I suppose it&#8217;s suspect.</p>

<blockquote>A senior government official with the <span class="caps">U.S.</span> Department of Homeland Security (DHS) has expressed great interest in a so-called safety bracelet that would serve as a stun device, similar to that of a police Taser&reg;. According to this promotional video found at the Lamperd Less Lethal website, the bracelet would be worn by all airline passengers.

<p>This bracelet would:</p>

<p>&#149; take the place of an airline boarding pass</p>

<p>&#149; contain personal information about the traveler</p>

<p>&#149; be able to monitor the whereabouts of each passenger and his/her luggage</p>

&#149; shock the wearer on command, completely immobilizing him/her for several minutes<br />
 <br />
The Electronic ID Bracelet &#8230; would be worn by every traveler &#8220;until they disembark the flight at their destination.&#8221;</blockquote>

<p>They have a pdf of what seems to be a letter from Homeland Security to back up the story: <a href="http://www.lamperdlesslethal.com/news/upload/pg1HomelandSecurity7_06.pdf">page one</a> and <a href="http://www.lamperdlesslethal.com/news/upload/pg2HomelandSecurity7_06.pdf">page two</a>.  </p>

<p>Otherwise I&#8217;d treat it like <a href="http://www.discourse.net/archives/2008/07/enough_to_make_you_miss_duck_and_cover.html">My First Cavity Search</a>.</p>]]>
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<guid>http://www.discourse.net/archives/2008/07/homeland_security_official_expresses_interest_in_shock_bracelets_for_air_travellers.html</guid>
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<title>Dutch MEP Sues US To Release Her Airport Blacklist File</title>
<description><![CDATA[<p>In <a title="How America is snooping on YOU ... and may soon be snooping a whole lot more| News | This is London" href="http://www.thisislondon.co.uk/news/article-23510337-details/How America is snooping on YOU ... and may soon be snooping a whole lot more/article.do">How America is snooping on <span class="caps">YOU</span> &#8230; and may soon be snooping a whole lot more</a>, &#8220;This is London&#8221; describes a lawsuit by <a href="http://www.sophieintveld.nl/About_MEP_Sophie_in__t_Veld_(ALDE)">Dutch Liberal <span class="caps">MEP</span> Sophie In&#8217;t Veld</a> in which she seeks to find out why the US government keeps pulling her over for security searches at airports.   </p>

<p>The article claims that this is the first lawsuit of its kind.  Can that really be so?</p>]]>
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<guid>http://www.discourse.net/archives/2008/07/dutch_mep_sues_us_to_release_her_airport_blacklist_file.html</guid>
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<title>Enough to Make You Miss &apos;Duck and Cover&apos;</title>
<description><![CDATA[<p>Feminist Law Professors says, <a title="Feminist Law Professors » Blog Archive » Flying With a Young Child This Summer? Hereâ€™s a Book To Buy." href="http://feministlawprofs.law.sc.edu/?p=3763">Flying With a Young Child This Summer? Here&#8217;s a Book To Buy</a>.</p>

<p><center><img alt="cavity.jpg" src="http://www.discourse.net/archives/pix/cavity.jpg/myfirstcavitysearch-500x500.jpg" width="400" height="400" border="0" /></center></p>

<p>I think it&#8217;s a joke, but who knows these days.</p>]]>
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<guid>http://www.discourse.net/archives/2008/07/enough_to_make_you_miss_duck_and_cover.html</guid>
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<title>I Apologize in Advance For TSA Making You Miss Your Flight</title>
<description><![CDATA[<p>Boing Boing reports that <a title="New TSA requirement: all electronics out of your bag (cables, too) - Boing Boing" href="http://www.boingboing.net/2008/01/31/new-tsa-requirement.html"><span class="caps">TSA </span>is now requiring that you remove all electronic devices from your carry-on bags, including cables etc. and place them in a separate bin to be scanned at the security checkpoints.</a>  I could hold the line up ten minutes myself given all the gear I travel with&#8230;</p>

<p>No word at present about this new assault on air travel at <a href="http://www.tsa.gov/blog"><span class="caps">TSA&#8217;</span>s new oh-so-friendly PR blog</a> (&#8220;Liquids cover 70% of the earth and they also make up a good percentage of our comments from the traveling public.&#8221;).</p>

<p>Don&#8217;t let the smiling faces fool you:  the more we engage in security theater and &#8216;protect&#8217; against minimal threats to look good while diverting resources from things that matter, the more that any hypothetical enemies are laughing.</p>]]>
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<guid>http://www.discourse.net/archives/2008/02/i_apologize_in_advance_for_tsa_making_you_miss_your_flight.html</guid>
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<title>What He Said</title>
<description><![CDATA[<p>This hits the nail on the head:<blockquote><a title="Racial Profiling at U.S. Airways - TalkLeft: The Politics Of Crime" href="http://www.talkleft.com/story/2006/11/22/101544/76">Racial Profiling at U.S. Airways - TalkLeft: The Politics Of Crime</a>   Six imams attending a conference in Minneapolis took time to pray at the gate before boarding a <span>U.S.</span> Airways flight to Phoenix. A passenger handed a note to a flight attendant pointing out the "6 suspicious Arabic men" on the plane. Disturbed by their "unsettling" behavior -- which apparently consisted of praying and asking for seat belt extensions -- the crew told the police that the imams needed to be removed. They were <a href="http://www.nytimes.com/2006/11/22/us/22muslim.html">escorted from the plane in handcuffs</a> and detained for five hours before authorities conceded that they posed no threat.</p> <p><span>U.S.</span> Airways refused to book the imams on another flight to Phoenix. According to the executive director of the Council on American-Islamic Relations, Muslims (both passengers and airline employees) have more complaints about <span>U.S.</span> Airways than other airlines. The incident prompted the Council and the <span>NAACP </span>to ask for Congressional hearings on racial profiling in airports.</p> <p>Can you imagine the outcry from the religious right if six Christian pastors were removed from a flight because they prayed together at the gate? <span>U.S.</span> Airways would be deservedly out of business in a week.</p></blockquote></p>]]>
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<guid>http://www.discourse.net/archives/2006/11/what_he_said.html</guid>
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<title>Freedom Flier Baggies</title>
<description><![CDATA[<p>It's a movement.  A subject on which I hope to have more to say soon.  Meanwhile, enjoy this <a title="Boing Boing: HOWTO make a "Kip Hawley is an idiot" Freedom Baggie" href="http://www.boingboing.net/2006/09/29/howto_make_a_kip_haw.html">Boing Boing: HOWTO make a "Kip Hawley is an idiot" Freedom Baggie</a>:<blockquote><a href="http://KipHawleyIsAnIdiot.com">KipHawleyIsAnIdiot.com</a> gives you instructions for making your own "freedom baggie" with your opinion of the TSA chief. <br /><br />I flew from SFO to LAX yesterday morning, and was robbed at gunpoint by a TSA agent, who stole my cologne, face-wash, and moisturizer. She said that my moisture baggie could only contain vessels of 3 oz or less' worth of moisture. I pointed out that all these vessels <em>did</em> have less than 3 oz' worth of moist substances in them, as they were all half-empty, and she said yes, but the vessels were <em>capable</em> of holding more than 3 oz. Apparently, the risk is that a hair-gel bomber will take to the skies, and use a syringe to refill the tube of face-scrub through its tiny little aperture, somehow mixing some kind of moisture-bomb in the plastic tube without melting it. Apparently, liquids acquire magical explosive properties when they are in quantities of more than 3 oz.<br /><br />A TSA supervisor took me aside and asked me why I was so upset. I said that my family left the Soviet Union to escape arbitrary authority, and the seizure of property by the state. She suggested that I send in a report to the TSA complaining, and I laughed and asked her how many of those people get added to the No-Fly List. <br /><br />Of course, this is all a hollow joke. The risk of someone mixing a binary hair-gel explosive has been <a href="http://www.boingboing.net/2006/08/16/would_a_hairgel_bomb.html">dismissed by chemists</a> as a near-zero. Meanwhile, as KipHawleyIsAnIdiot.com points out, "air cargo is not screened and there is still no point-to-point baggage matching."</blockquote></p>]]>
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<guid>http://www.discourse.net/archives/2006/09/freedom_flier_baggies.html</guid>
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<title>Kip Hawley Is An Idiot And/Or Employs Them</title>
<description><![CDATA[<p><center><blockquote>"It is seldom that liberty of any kind is lost all at once."<br />-- David Hume</blockquote></center></p>

<p>Drip, drip, drip:<blockquote><a title="I was detained at the TSA checkpoint for about 25 minutes today" href="http://www.flyertalk.com/forum/showthread.php?p=6440005">I was detained at the TSA checkpoint for about 25 minutes today</a>: Yesterday, while discussing the new rules a fellow Flyertalker suggested we write "Kip Hawley is an Idiot" on the outside of our clear plastic quart bags. So I did just that.
<br /><br />
At the MKE "E" checkpoint I placed my laptop in one bin, and my shoes, cell phone and quart bag in a second bin. The TSA guy who was pushing bags and bins into the X-ray machine took a good hard look, and then as the bag when though the X-ray I think he told the X-ray operator to call for a bag check/explosive swab on my roller bag to slow me down. He went strait to the TSA Supervisor on duty and boy did he come marching over to the checkpoint with fire in his eyes!
<br /><br />
He grabbed the baggie as it came out of the X-ray and asked if it was mine. After responding yes, he pointed at my comment and demanded to know "What is this supposed to mean?" "It could me a lot of things, it happens to be an opinion on mine." "You can't write things like this" he said, "You mean my First Amendment right to freedom of speech doesn't apply here?" "Out there (pointing pass the id checkers) not while in here (pointing down) was his response."</blockquote>

<p>Here, incidentally, is <a href="http://www.dhs.gov/dhspublic/display?theme=11&content=4714">Kip Hawley's official bio</a>.</p>]]>
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<guid>http://www.discourse.net/archives/2006/09/kip_hawley_is_an_idiot_andor_employs_them.html</guid>
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<title>US Government Blocks Re-Entry of Citizens</title>
<description><![CDATA[<p>Ed Hasbrouk has pointers to <a href="http://hasbrouck.org/blog/archives/001106.html">an incredible story</a>: :<blockquote>The USA has forbidden any airline from transporting to the USA a Mr. Jaber Ismail, a natural-born USA citizen and California resident, not a dual citizen. They aren't saying they will arrest him or detain him for questioning on arrival.   They aren't asking the government of the country he has been visiting to arrest him. But they won't let him come home.</p>

<p>There's been some discussion of this as a Constitutional question, but it's actually much more fundamental as a question of international human rights law, including treaties which the USA has actually ratified...</blockquote>News articles vary on this: some say that <a href="http://www.nytimes.com/2006/08/29/us/29hayat.html?ex=1314504000&en=dcda49ed0eeae90b&ei=5090&partner=rssuserland&emc=rss">the government is just preventing airlines from flying them home</a> -- which is bad enough! -- others say <a href="http://news.aol.com/politics/story/_a/us-relatives-of-terror-camp-convict/n20060826165909990007?cid=771">they are barred from entering the country at all</a>:<blockquote>Federal authorities told the [San Fransisco] Chronicle that although neither Muhammed nor Jaber Ismail has been charged with a crime, they are barred from reentering the United States unless they submit to further FBI questioning in Pakistan."</blockquote>I have doubts about the legality of the no-fly rule although presumably the government might defend it by saying that victims of the new blackballing could sail or fly to Canada or Mexico and then walk in to the USA.  In any case, this abuse of it should certainly demonstrate why it's a bad policy.  And when, as in this case, it matures into a de facto no-entry ruling, that ought to be unconstitutional.  </p>

<p><a href="http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2006/08/26/MNGQ5KPVV91.DTL">It seems</a> that Ismail has a lawyer who understands the issues,<blockqutoe>"They want to come home and have an absolute right to come home," said [Julia Harumi] Mass, who has filed a complaint with the Department of Homeland Security and a petition with the Transportation Security Administration.</p>

<p>"They can't be compelled to waive their constitutional rights under threat of banishment," Mass said. "The government is conditioning the return to their home on cooperation with law enforcement."</p>

<p>Aviation watch lists were created in 1990 to keep terrorists off planes and track drug smugglers and other fugitives. But since al Qaeda's attacks on Sept. 11, 2001, the government has expanded the lists significantly. Members of the public cannot find out if, or why, they are on a no-fly list.</p>

<p>Michael Barr, director of the aviation safety and security program at USC, said the Ismail case appears to be unusual in the realm of federal terrorism investigations.</p>

<p>"You become what is called a stateless person, and that would be very unprecedented," Barr said.</blockquote></p>

<p>Speaking of which ... our friends at Homeland Security have a proposal to, as Ed puts it, <blockquote>to formalize the power of the <span class="caps">DHS </span>to prohibit <em>anyone</em> (including citizens of the <span class="caps">USA</span>) from traveling to or from the <span class="caps">USA </span>(or, for that matter, through the air over the <span class="caps">USA, </span>such as on flights between Europe and Mexico, or Canada and Latin America) <em>except by express prior permission</em> of the <span class="caps">DHS.</span></blockquote>Ed's got a lot of useful information on that proposal as well.</p>]]>
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<guid>http://www.discourse.net/archives/2006/08/us_government_blocks_reentry_of_citizens.html</guid>
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<title>TSA Policy Change: Connect the Dots</title>
<description><![CDATA[<p>Is it just possible that there is a connection between today's report that <a title="Screeners to Be Changed at U.S. Airports - New York Times" href="http://www.nytimes.com/2006/08/14/washington/14rules.html?ex=1313208000">TSA Screeners Will Replace Contractors at U.S. Airports</a> for ID inspections and <a href="http://www.discourse.net/archives/2006/07/tsa_airport_detention_authority_questioned_by_travel_expert.html">the campaign by Ed Hasbrouck to find out the legal authority under which non-TSA workers demand ID</a>?</p>]]>
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<guid>http://www.discourse.net/archives/2006/08/tsa_policy_change_connect_the_dots.html</guid>
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