I was browsing some of my old mail when I came across this. What's the status of Gilmore's case?

The regulations I'm challenging purport to require air and train travelers to show a "government issued ID". Every traveler has been subjected to these "requirements", but it turns out that they aren't really required by any published law or regulation. And if you refuse to meet the supposed requirements, you find out that there are alternative requirements, that they weren't telling you about. The government has responded, as have the airlines. Their response is to ask the court to dismiss the case, as expected. See the web site http://cryptome.org/freetotravel.htm for copies of their motions. The Federal one has the most interesting arguments. In summary, they argue that I can't challenge the no-fly list or anything other than the ID demand because, having not shown ID, the no-fly list was not applied to me; that I can't sue in a District Court anyway because the Court of Appeals is supposed to have original jurisdiction; that the government can make any rule it wants which relates to air security, and penalize the public over violations, without ever telling the public what the rule is; that being refused passage unless I present an ID does not infringe my constitutional right to travel anyway; that being prevented from traveling anoymously does not implicate any First Amendment interests; that every possible form of airport security is a fully constitutional 4th-Amendment search; and that since my right to travel is not being infringed, these searches give me equal protection just like all members of the public, because any 'rational' reason for singling out anonymous travelers will suffice. If everyone shows ID to fly, and they can get away with preventing anonymous travel, it becomes easy for the government to single out e.g. members of the Green Party. (If no ID was required, any persecuted minority would soon learn to book their tickets under assumed names.) The Nixon Administration had its "enemies list", who it subjected to IRS audits and other harassment. But even that evil President didn't prevent his "enemies" from moving around the country to associate with anyone they liked. The Bush Administration's list interferes with freedom of association and with the constitutional right to travel. As my experience on July 4th, 2002, in the San Francisco airport demonstrated, citizens are free to not show ID to fly, if they spend half an hour arguing with security personnel over what the secret rules actually say. But then, catch-22, the citizen can board the plane only if they'll submit to a physical search like the ones that Green Party members and other "on the list" people are subjected to. So, you can identify yourself to them and be harassed for your political beliefs, unconstitutionally. Or you can stand up for your right to travel anonymously, and be searched unconstitutionally. Or you can just not travel. That's why I'm suing Mr. Ashcroft and his totalitarian buddies. The government motion to dismiss my case is filed at: http://cryptome.org/gilmore-v-usa-fmd.pdf The index to all the related documents is at: http://cryptome.org/freetotravel.htm

Has there been a secret trial?

No. We will file a response to this motion by approx Dec 1. Then they will file their reply in mid December or so. Both of those will go on the web site. (If anybody wants to OCR the PDFs of the gov't documents, please go for it and email me the text.) Then the court will read all this stuff, and we'll have a hearing, which is tentatively scheduled for mid-January. John --------------------------------------------------------------------- The Cryptography Mailing List Unsubscribe by sending "unsubscribe cryptography" to majordomo@wasabisystems.com