Well, still ruminating... The kind of regulations that regulatory bodies have made in the past are in their nature different from these secret rules I still believe. This is of course aside from their secret nature. Previously, if a regulatory body such as the FCC enacted some kind of policy, they could fine companies that did not comply. From my naive perspective, I didn't view these regs as really having a direct impact on private citizen units/individuals, apart from their organization, but then again I could probably think of exceptions. Hum. I wonder. Do you think these secret regulations are communicated via secure channels? What would happen if someone decided to send their own regulations out to all of the local airline security offices rescinding any private regs, particularly if one used official-looking letterhead? -TD

From: "J.A. Terranson" <measl@mfn.org> To: Eric Cordian <emc@artifact.psychedelic.net> CC: cypherpunks@minder.net Subject: Re: Gilmore case...Who can make laws? Date: Tue, 7 Sep 2004 13:52:40 -0500 (CDT)

On Tue, 7 Sep 2004, Eric Cordian wrote:

...

An argument that the TSA cannot make rules, even secret rules, regulating air travel, because it is not Congress, will not pass the giggle test in court, unless you can show that the TSA exceeded its regulatory powers.

Absolutely correct.

I am however intrigued that they may be preparing to posit that secret rules (which act under color of law) can be enforced without being described publicly. This, if accepted, would effectively end all constitutional protections.

-- Yours,

J.A. Terranson sysadmin@mfn.org 0xBD4A95BF

"...justice is a duty towards those whom you love and those whom you do not. And people's rights will not be harmed if the opponent speaks out about them." Osama Bin Laden - - -

"There aught to be limits to freedom!" George Bush - - -

Which one scares you more?

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