:Travel-Freedom:
DROIT-DROIT

"The right to travel is a part of the "liberty" of which the citizen cannot be deprived without due process of law under the Fifth Amendment ... Freedom of movement across frontiers in either direction, and inside frontiers as well, was a part of our heritage. Travel abroad, like travel within the country, may be necessary for a livelihood. It may be as close to the heart of the individual as the choice of what he eats, or wears, or reads. Freedom of movement is basic in our scheme of values. "Our nation," wrote Chafee, "has thrived on the principle that, outside areas of plainly harmful conduct, every American is left to shape his own life as he thinks best, do what he pleases, go where he pleases."
:Justice William O. Douglas, Kent v. Dulles (1958)

:Under current federal regulations, airlines are only required to ask for ID, not to make it a condition of travel. Rules that airline passengers be asked to show government-issued identification prior to air travel within the United States are set by the Transportation Security Administration, which has sole responsibility for airline security regulations under legislation signed by President Bush last November.

TSA spokesperson Greg Warren insists there is no federal ban on flying without an ID. "TSA requires air carriers to request a valid form of identification from a government issuer," Warren said. "The actual presentation of ID by passengers is not required. Refusal to allow passengers to board or not board the aircraft is at the discretion of the airline."

For passengers, 49 CFR Section 1544.201 only requires that airlines refuse to transport "any individual who does not consent to a search or inspection of his or her person."

Airline employees claim that unpublished security directives issued by the TSA and communicated orally required them to search any passengers who does not produce identification. TSA's Warren acknowledges that confidential directives exist, but neither confirmed nor denied that they enforce an ID-or-search requirement on air carriers.

With ID cards easy to forge, how does asking for one reduce the threat of on-board terror? TSA officials do not return calls for explanation. Clauses on ID in the 'conditions of carriage' incorporated by reference in the ticket and contract don't mention a government requirement, but merely specify that the airline reserves the right to require ID, and reserves the right to refuse to transport those who don't produce it.

Possible explanations for the ID requirement include coercion of passengers into profiling by the Computer Assisted Passenger Pre-screening System (CAPPS) [winner of the 2002 USA "Big Brother Award" from Privacy International] used by airlines and cited in TSA regulations. Airline and airport employees are unclear on the federal laws.

PNR Data Elements Required from Air Carriers and Global Distribution Systems (GDSs):

PNR record locator code
Date of reservation
Date(s) of intended travel
Name
Other names on PNR
Number of travelers on PNR
Seat information
Address
All forms of payment information
Billing address
Contact telephone numbers
All travel itinerary for specific PNR
Frequent flyer information (limted to miles flown and address(es))
Travel agency
Travel agent
Code share PNR information
Travel status of passenger
Split/Divided PNR information
Identifiers for free tickets
One-way tickets
Email address
Ticketing field information
ATFQ fields
General remarks
Ticket number
Seat number
Date of ticket issuance
Any collected APIS information
No show history
Number of bags
Bag tab numbers
Go show information
Number of bags on each segment
OSI information
SSI information
SSR information
Voluntary/involuntary upgrades
Received from information
All historical changes to the PNR
TSA Additional PNR Requirements [TSA will require that air carriers collect and complete these particular fields]
Traveler's full name
Date of birth
Complete home address
Home phone number
Government Agent Travel:
CONTRACTOR IDENTIFICATION LETTERS CAN BE OBTAINED ONLY THROUGH AGENCY CONTRACTING OFFICERS. FOR FURTHER INFORMATION, INCLUDING THE FORMAT FOR THE STANDARD CONTRACTOR IDENTIFICATION LETTER, CONTACT GSA SERVICES ACQUISITION CENTER AT 703/305-7640.
Military Civilian Employee Travel:
C1053 IDENTIFICATION CARDS
A. General. When employees are authorized OCONUS TDY trav el or PCS assignment, issuance of identification
cards is provided in:
1. DoDI 1000.1, Identity Cards Required by the Geneva Conventions (DD Form 489, Geneva Convention
Card, for civilians)
4. CREDENTIAL REQUIREMENTS OF THE GENEVA CONVENTIONS
In order that the personnel referred to in section 3., above, may enjoy the status accorded to them under their respective Conventions and be eligible for repatriation:
4.1. Article 17, GPW provides, concerning military personnel and civilian personnel accompanying the Armed Forces, that " . . . Each party to a conflict is required to furnish the persons under its jurisdiction who are liable to become prisoners of war, with an identity card showing the owner's surname, first names, rank, army, regimental, personal or serial number or equivalent information, and date of birth. The identity card may, furthermore, bear the signature or the fingerprints or both, of the owner, and may bear, as well, any other information the Party to the conflict may wish to add concerning persons belonging to its Armed Forces. As far as possible the card shall measure 6.5 x 10 cm. and shall be issued in duplicate. The identity card shall be shown by the prisoner of war upon demand, but may in no case be taken away from him.
4.2. Article 40, GWSF, and Article 42, GWSS, contain identical provisions regarding medical, religious and auxiliary medical personnel for the carrying of ". . . a special identity card bearing the distinctive emblem. This card shall be water resistant and of such size that it can be carried in the pocket. It shall be worded in the national languages, shall mention at least the surname and first names, the date of birth, the rank and the service number of the bearer, and shall state in what capacity he is entitled to the protection of the present Convention . The card shall bear the photograph of the owner and also either his signature or his fingerprints or both. It shall be embossed with the stamp of the military authority. The identity card shall be uniform throughout the same Armed Forces and, as far as possible, of a similar type in the Armed Forces of the High Contracting Parties. The Parties to the conflict may be guided by the model which is annexed, by way of example, to the present Convention . They shall inform each other, at the outbreak of hostilities, of the model they are using. Identity cards should be made out, if possible, at least in duplicate, one copy being kept by the home country. In no circumstances may the said personnel be deprived of their insignia or identity cards nor of the right to wear the armlet. In case of loss, they shall be entitled to receive duplicates of the cards and to have the insignia replaced."
GENEVA CONVENTIONS IDENTITY CARD FOR MEDICAL AND RELIGIOUS
PERSONNEL WHO SERVE IN OR ACCOMPANY THE ARMED FORCES
DD Form 1934 (1 Jul 74)
Specifications
Size: 3 5/8 x 2 1/4 inches
Color: Paper - white; ink - black; cross - red.
Composition: Paper - suitable for printing, fingerprinting, typewriter entries and lamination.
Security Processing: The issue copy of the card will be laminated between two pieces of clear plastic material so as
to be water resistant, flexible and resistant to tampering
E3.1.8. Accredited news media representatives will be assigned Geneva Convention Category IV, Field Grade Officer, without determination of specific rank equivalency.

Resources:

Bill of the Lading: Postmaster for the livery of the mail
Gilmore case pending
Wired article
EPIC
Hasbrouck
ACLU profiling complaint form