[I've been in plenty of courthouses, including state, federal district, and federal appeals in the last two weeks, and have never had to show ID. --Declan] --- To: Declan McCullagh <declan@private> cc: politech@private, BSteinhardt@private Subject: Re: [Politech] ACLU's Barry Steinhardt on showing ID and "building privacy" [priv] Date: Mon, 29 Sep 2003 12:55:05 -0700 From: John Gilmore <gnu@private> The simple way to not show ID going into buildings is to not patronize businesses that persist in making you enter ID-checking buildings. This is what the free market is all about. I've rejected many different businesses for exactly that reason. There was one parking lot at the Embarcadero Center that insisted on "searching my trunk" if I was going to park there. Needless to say, they never got a cent from me, but they did get an earful. At buildings which insist on ID, I refuse to show it. I phone the business inside, and tell them that the building is refusing to let me come in to do business with them. Meanwhile I'm hanging around in the lobby, nagging the guards about why they thought that making people show an ID was going to keep a plane from flying into the building, making them nervous, and raising questions in the minds of the other people entering the building. Usually the business I'm visiting sends somebody down to "sign me in", which gets me in without an ID. (If not I just leave.) And I make it an issue with the business, "Have you objected to this policy? What was the response? What will you do to pursue the issue?" If the answers are unsatisfactory (to me) then I take my business elsewhere. There was a big rash of this right after 9/11, but it died out within a few months afterward in most places. We discovered, however, that Oakland has a law requiring hotels to ask for ID, and letting cops look over the ID records anytime they want. It was passed to try to curb prostitution!!! Talk about hitting a fly with a sledgehammer... and of course, it is not uniformly enforced. When it comes to government buildings, different rules apply. You often have no choice about whether to enter (e.g. to endure an IRS audit, or to come to a courtroom to respond to a lawsuit). In those cases I believe there are viable court challenges to any imposed ID requirement. John --- Subject: [Fwd: [Politech] Jim Harper takes issue with need-new-laws views on building privacy [priv]] From: jason <jaegner@private> To: Declan McCullagh <declan@private> Date: 29 Sep 2003 21:59:37 -0400 Content-Transfer-Encoding: 7bit Jim makes a great point. Don't surrender your right to privacy in light of the threat of terrorism. We're the perfect target for terrorism because of the freedoms that present a catch-22 situation for our publicly elected representatives: How can you protect your constituents and preserve their constitutionally guaranteed freedoms at the same time? It's a tough question and history doesn't help as much as it does on other issues. On one hand, one could argue that the 2nd Amendment is enough to protect privacy and the general welfare of the public. On the other hand, it could be argued that the former argument would plunge us back into the Wild West. At the end of the day, I think it all comes down to the willingness of the people to engage in the process of our republic. In other words, vote but don't vote one way because someone tells you to. Get involved, understand the issues, and THEN vote. Apathy is the enemy of democracy and capitalism is the enemy of a republic. The success of our country has always been a result of the balance between these ideological principles. Hopefully, people haven't given up yet. I know I haven't. :) --Jason --- From: Majstoll@private Message-ID: <a8.22e736e1.2caa5bb1@private> Date: Tue, 30 Sep 2003 00:08:17 EDT Subject: Declaring War on Building ID Policies To: declan@private Declan - please share with your readers - Mike Stollenwerk: Barry Steinhardt is right to ask for more rules on private use of data on government IDs - government invented the IDs and ID numbers for government transactions, and should have front loaded the law with a general prohibition on non-governmental actor use of ID and ID numbers. But Jim Harper of Privacilla.org makes a good point that individuals need to stick up for their rights to refuse to carry or show ID or disclose sensitive information. US persons should start sticking up for their rights to refuse to carry or show ID or disclose personal information generally - and make it personal when you do it so everybody remembers you. I do this often - see: <http://www.privacyactivism.org/Item/139>http://www.privacyactivism.org/Item/139 where the New Yorker hotel threatens to call the Police Antiterrorism Squad against me in an audio file because I failed to let the front desk copy a photo-ID. But also there are rules in force to use against building managers and hotels demanding to see ID, or copy the data from them: 1. Some states prohibit the use of ID swiping machines - more should join them. 2. MasterCard and VISA strictly prohibit merchants from demanding to see additional ID when using your signed credit card - report violators at <http://www.mastercard.com/cgi-bin/contactus.cgi?template=ContactUsMV&rgn=1>http://www.mastercard.com/cgi-bin/contactus.cgi?template=ContactUsMV&rgn=1. 3. Over a dozen states have laws against merchants recording personal info. on credit card slips - in California, it is class actionable under Civil Code Section 1747.8; and in New York, such practices violate New York Law: "ARTICLE 29-A, Section 520-a 3. No person, firm, partnership or corporation which accepts credit cards for the transaction of business shall require the credit card holder to write on the credit card transaction form, nor shall it write or cause to be written on such form, any personal identification information, including but not limited to the credit card holder`s address or telephone number, that is not required by the credit card issuer to complete the credit card transaction; provided, however, that the credit card holder`s address and telephone number may be required on such form where (i) such information is necessary for shipping, delivery or installation of purchased merchandise or for special orders; (ii) authorization from the credit card issuer as to the availability of credit is not required by the issuer to complete the credit card transaction; or (iii) the person, firm, partnership or corporation processes credit card transactions by mailing transaction forms to a designated bankcard center for settlement. .. 6. Whenever there shall be a violation of this section an application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violation; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by the court or justice, enjoining and restraining any further violations, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding, the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and rules, and direct restitution. In connection with any such proposed application the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules." But in the end, ending silly ID checks will require that people stop carrying them and/or refuse to show them. Most buildings will have procedures for this case, requiring tenants to come down to the lobby and escort folks - do this a few hundred times a day and the ID checks will go away. Airports too can be re-opened for the public again as well - it will take some lawsuits and protesters, but it can be done. Mike S. _______________________________________________ Politech mailing list Archived at http://www.politechbot.com/ Moderated by Declan McCullagh (http://www.mccullagh.org/)
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