Should we obey secret laws?

When Gilmore asked to see the rules explaining why his photo ID is necessary for airline security, his request was denied. The regulation under which the Transportation Safety Administration, an arm of the Department of Homeland Security, instructs the airlines to collect such identification is classified as "Sensitive Security Information."

When Congress passes a law, it is as often as not up to some agency to decide what that law means and how to enforce it. Usually, those regulations are available for people to examine, even challenge if they conflict with the Constitution.

This wasn't the case when Congress passed the Air Transportation Security Act of 1974. The Department of Transportation was instructed to hold close information that would "constitute an unwarranted invasion of personal privacy" or "reveal trade secrets" or "be detrimental to the safety of persons traveling in air transportation."

The Federal Aviation Administration, then a branch of the transportation department, drew up regulations that established the category now known as Sensitive Security Information.

When the responsibility for air travel safety was transferred to the newly created Transportation Safety Administration, which was in turn made a branch of the new Department of Homeland Security, the oversight for Sensitive Security Information went with it. The language in the Homeland Security Act was broadened, subtly but unmistakably, where SSI was concerned.

It could not be divulged if it would "be detrimental to the security of transportation."

"By removing any reference to persons or passengers, Congress has significantly broadened the scope of SSI authority," wrote Todd B. Tatelman, an attorney for the Congressional Research Office. Tatelman was asked by Congress last year to look at the implications of Gilmore's case.

Tatelman's report found that the broadened language essentially put a cocoon of secrecy around 16 categories of information, such as security programs, security directives, security measures, security screening information "and a general category consisting of 'other information.' "

He can drive anywhere he wants and not have to show anyone his ID providing he breaks no laws.

So if you obey it then the authorities can only conclude that you know about the law.

But it's a secret law, therefore you know a secret and that means you're in biiiiiiig trouble!

Whether or not you can, I state that you should be able to. It will remain my opinion. And I'm starting a club about it.

I think we might call ourselves the ignorant club.

SCoates wrote:

Whether or not you can, I state that you should be able to. It will remain my opinion. And I'm starting a club about it.

I think we might call ourselves the ignorant club.

May I be a charter member? I have the required attrributes