-Caveat Lector-

washingtonpost.com
DOJ Asks Court for Secrecy In Suit
Case Challenges ID Requirement

Associated Press
Monday, September 6, 2004; Page A09

SAN FRANCISCO, Sept. 5 -- The Justice Department has asked an appellate court to
keep its arguments secret for a case in which privacy advocate John Gilmore is
challenging federal requirements to show identification before boarding an
airplane.

A federal statute and other regulations "prohibit the disclosure of sensitive
security information, and that is precisely what is alleged to be at issue
here," the government said in court papers filed Friday with the U.S. Court of
Appeals for the 9th Circuit. Disclosing the restricted information "would be
detrimental to the security of transportation," the government wrote.

Attorneys for Gilmore, a San Franciscan who co-founded the Electronic Frontier
Foundation, said the civil liberties group does not accept the government's
argument and that its latest request raises more questions.

"We're dealing with the government's review of a secret law that now they want a
secret judicial review for," one of Gilmore's attorneys, James Harrison, said in
a telephone interview Sunday. "This administration's use of a secret law is more
dangerous to the security of the nation than any external threat."

Gilmore first sued the government and several airlines in July 2002 after
airline agents refused to let him board planes in San Francisco and Oakland
without first showing an ID or submitting to a more intense search. He claimed
in his lawsuit the ID requirement was vague and ineffective and violated his
constitutional protections against illegal searches and seizures.

A federal judge earlier this year dismissed his claims against the airlines, but
said his challenge to the government belonged in a federal appellate court.



� 2004 The Washington Post Company

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