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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 13:01:16 -0500



Begin forwarded message:

From: Edward Hasbrouck <edward () hasbrouck org>
Date: November 9, 2006 12:54:54 PM EST
To: David Farber <dave () farber net>
Subject: Re: [IP] more on We're All Prisoners, Now: US Citizens to be Required ''Clearance'' to Leave USA

The NPRM they are intervening on does exist.
I have not yet secured proof that the content of the NPRM actually
'says'  what they claim but it's going to be (as a minimum) close.

You can find the NPRM and the regulatory assessement with a propoer search
at http://www. regulations.gov. But that Web site doesn't provide static
links to individual documents, so I've posted mirror copies:

NPRM:
http://hasbrouck.org/documents/USCBP-2005-0003-0003.pdf

Regulatory Assessment:
http://hasbrouck.org/documents/USCBP-2005-0003-0005.pdf

(if you don''t believe it's for real, you can also check the Federal
Register by the date and page, online or in a law library.)

The precise language at issue in the NPRM is, "A carrier must not board
any passenger subject to a 'not-cleared' instruction, or any other
passenger, or their baggage, unless cleared by CBP."

Note that for "any other passenger", the default is "must not board."

There is a detailed analysis of this (and the rest of the proposal) in the
comments I filed for the Identity Project, John Gilmore, et al.:
http://hasbrouck.org/IDP/IDP-APIS-comments.pdf

There are links to all of these and more background from my article (from
which the Slashdotted story was derived) at:

http://hasbrouck.org/blog/archives/001156.html

Note that the 14 January 2007 effective date in some of the seocndary and
tertiary sources is in error.  No final rule or effective date for the
permission ("clearance") requirment has been published.  This is a
confusion from a subsequent Privacy Act notice, as reported in the
Washington Post and subsequently reprinted elsewhere:

http://www.startribune.com/484/story/797637.html


----------------
Edward Hasbrouck
<edward () hasbrouck org>
<http://hasbrouck.org>
+1-415-824-0214

"The Practical Nomad: How to Travel Around the World"
(3rd edition, 2004, 4th edition forthcoming 2007)
"The Practical Nomad Guide to the Online Travel Marketplace"
<http://www.practicalnomad.com>

Around-the-World and multi-stop international air tickets:
http://www.airtreks.com/tools/landing.php?ref=main&dst=eh




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