John Gilmore’s battle to force the government to explain the basis upon which it demands that airlines verify an ID before permitting someone on a plane got a small victory last week. The government had asked to file its brief, defending a rule that is itself secret, in secret. The 9th Circuit said no.
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Meta
This all reminds me of the claim that there is a government policy that airlines are not allowed to screen more than two Arab males on a flight. (A Southwest executive was one of the “sources” of that story as well.) Unfortunately, the government’s insistence on keeping regulations secret has led to rampant opposition to policies that don’t even exist, actually weakening security in some cases.