{
  "id": "RL32664",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RL32664",
  "active": false,
  "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 305610,
      "date": "2004-12-21",
      "retrieved": "2016-04-07T20:02:01.267245",
      "title": "Interstate Travel: Constitutional Challenges to the Identification Requirement and Other Transportation Security Regulations",
      "summary": "Since the terrorist attacks of September 11, 2001, security measures in and around our nation's\ntransportation facilities have dramatically increased. Nowhere has the increase been more noticeable\nthan with respect to air transportation. New federal statutes and agency regulations have been\nimplemented, each with the purpose of ensuring the safety and security of passengers, facilities, and\nworkers of our national transportation systems. Not all of these security measures, however, have\nbeen publically disclosed. In fact, pursuant to its statutory authority, the Transportation Security\nAgency (TSA) has issued a series of regulations relating to transportation security in which a\nmajority of the information, including rules, orders, and directives has been classified as \"sensitive\nsecurity information\" (SSI), and thus, withheld from public scrutiny. For example, the regulation\nrequiring that all passengers produce photo identification before being allowed to enter the airport\ngate area or board an aircraft, bus, or train has been classified as SSI, and consequently, cannot be\ndisclosed to the general public. In addition, the standards utilized for creating, maintaining and\nrequiring airlines to screen passengers against government-provided \"watch lists\" and \"no-fly lists\"\ndo not appear to have been made publicly available.\n  Recently, news reports have noted that at least two members of Congress have been delayed\nbecause of concerns relating to similar names appearing on such lists. Moreover, a California\nresident has brought a suit against the government alleging that the secret nature of these laws\nviolates established rights under the Fifth Amendment's due process clause, as well as the\nconstitutionally protected right to travel and the First Amendment. In addition, there is pending\nfederal litigation with respect to the constitutionality of both the \"watch\" and \"no-fly lists,\" as well\nas pending state litigation regarding the scope of TSA's authority to seize evidence obtained during\na routine search of a passenger's luggage. While it is unclear precisely what the courts will decide,\nthese lawsuits raise constitutional questions not only about the scope of the federal government's\nauthority to prescribe regulations that impact the ability of citizens to freely move within our\ncountry's borders, but also about the government's ability to keep those regulations from public\nscrutiny. This report examines the legal basis for the transportation security measures, including the\nSSI regulations, and analyzes the constitutional provisions under which these measures are currently\nbeing challenged. This report will be updated as events require.",
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      "typeId": "REPORTS",
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    },
    {
      "source": "University of North Texas Libraries Government Documents Department",
      "sourceLink": "https://digital.library.unt.edu/ark:/67531/metacrs6086/",
      "id": "RL32664 2004-11-04",
      "date": "2004-11-04",
      "retrieved": "2005-06-12T13:57:42",
      "title": "Interstate Travel: Constitutional Challenges to the Identification Requirement and Other Transportation Security Regulations",
      "summary": null,
      "type": "CRS Report",
      "typeId": "REPORT",
      "active": false,
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        {
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          "filename": "files/20041104_RL32664_61af874c7046e1b1ccf1b724c3fa3b6fc0814acd.html"
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      ],
      "topics": [
        {
          "source": "LIV",
          "id": "Transportation",
          "name": "Transportation"
        },
        {
          "source": "LIV",
          "id": "Security classification (Government documents)",
          "name": "Security classification (Government documents)"
        },
        {
          "source": "LIV",
          "id": "Air travel - Security measures",
          "name": "Air travel - Security measures"
        },
        {
          "source": "LIV",
          "id": "Government information",
          "name": "Government information"
        }
      ]
    }
  ],
  "topics": [
    "Constitutional Questions"
  ]
}