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more on We're All Prisoners, Now: US Citizens to be Required ''Clearance'' to Leave USA
From: David Farber <dave () farber net>
Date: Thu, 9 Nov 2006 11:46:32 -0500
Begin forwarded message:
From: Bob Frankston <Bob2-19-0501 () bobf frankston com>
Date: November 9, 2006 11:38:35 AM EST
To: dave () farber net, ip () v2 listbox com
Subject: RE: [IP] We're All Prisoners, Now: US Citizens to be
Required ''Clearance'' to Leave USA
Sounds like that Iron Curtain that Churchill spoke about. Next we’ll
ban people from leaving because they have strategic knowledge?
Along these lines, I wondered why faux ATT (fATT) required I verify
that I haven’t changed my location whenever there is a power hiccup –
this means that in an emergency I can’t get E911 until I verify
everything. It’s a perfect example of using the letter of the law
completely thwart the spirit. But that’s bad enough – turns out that
fATT says that the FCC mandates that you can’t have VoIP unless
you’re in an area that supported E911. Hence you can’t take the phone
with you when traveling.
How have we gone from the idea of meddling only when there is a clear
and present danger to presuming everything is a clear and present
danger? In E911 we have fATT exploiting our fears for to subvert the
marketplace but then how different is that from what has been
happening at all levels of government.
We’ll see if this changes with the new Congress or is fear so
ingrained that those who don’t pander to it will meet their match in
From: David Farber [mailto:dave () farber net]
Sent: Thursday, November 09, 2006 11:16
To: ip () v2 listbox com
Subject: [IP] We're All Prisoners, Now: US Citizens to be Required
''Clearance'' to Leave USA
October 26, 2006
Forget no-fly lists. If Uncle Sam gets its way, beginning on Jan. 14,
2007, we'll all be on no-fly lists, unless the government gives us
permission to leave-or re-enter-the United States.
The U.S. Department of Homeland Security (HSA) has proposed that all
airlines, cruise lines-even fishing boats-be required to obtain
clearance for each passenger they propose taking into or out of the
It doesn't matter if you have a U.S. Passport - a "travel document"
that now, absent a court order to the contrary, gives you a virtually
unqualified right to enter or leave the United States, any time you
want. When the DHS system comes into effect next January, if the
agency says "no" to a clearance request, or doesn't answer the
request at all, you won't be permitted to enter-or leave-the United
Consider what might happen if you're a U.S. passport holder on
assignment in a country like Saudi Arabia. Your visa is about to
expire, so you board your flight back to the United States. But wait!
You can't get on, because you don't have permission from the HSA.
Saudi immigration officials are on hand to escort you to a squalid
detention center, where you and others who are now effectively
"stateless persons" are detained, potentially indefinitely, until
their immigration status is sorted out.
Why might the HSA deny you permission to leave-or enter-the United
States? No one knows, because the entire clearance procedure would be
an administrative determination made secretly, with no right of
appeal. Naturally, the decision would be made without a warrant,
without probable cause and without even any particular degree of
suspicion. Basically, if the HSA decides it doesn't like you, you're
a prisoner - either outside, or inside, the United States, whether or
not you hold a U.S. passport.
The U.S. Supreme Court has long recognized there is a constitutional
right to travel internationally. Indeed, it has declared that the
right to travel is "a virtually unconditional personal right." The
United States has also signed treaties guaranteeing "freedom of
travel." So if these regulations do go into effect, you can expect a
lengthy court battle, both nationally and internationally.
Think this can't happen? Think again. It's ALREADY happening. Earlier
this year, HSA forbade airlines from transporting an 18-year-old a
native-born U.S. citizen, back to the United States. The prohibition
lasted nearly six months until it was finally lifted a few weeks ago.
Nazi Germany and the Soviet Union are two countries in recent history
that didn't allow their citizens to travel abroad without permission.
If these regulations go into effect, you can add the United States to
For more information on this proposed regulation, see http://
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- more on We're All Prisoners, Now: US Citizens to be Required ''Clearance'' to Leave USA David Farber (Nov 09)