Papers, Please!

The Identity Project participates actively in U.S. and European Union regulatory and policy development proceedings through policy analysis, research, written comments, white papers, and testimony on proposed rules and regulatory notices. We monitor ID-related regulatory filings in the Federal Register and E.U. notices, but we also welcome your tips on upcoming or pending regulations we may not have noticed. Following are some of our testimony, comments, and other submissions in rulemakings related to ID requirements and identity-based surveillance and control of movement.

White Papers and Research Reports

• Proposed Agenda on the Right to Travel (Submitted to the House Committee on Homeland Security Roundtable: “A Path Forward: Constitutional Protections in Homeland Security”, Washington, DC, December 3, 2008) (PDF)
• Homeland Security’s Data Vacuum Cleaner in Action (an investigation of the Automated Targeting System by the Identity Project, September 19, 2007) (more from the IDP blog here)
• How To Request Your Own Travel Records (forms and instructions)

Comments and Testimony on Federal Regulations

Advanced Passenger Information System (APIS)

• “Passenger Manifests for Commercial Aircraft Arriving in and Departing From the United States; Passenger and Crew Manifests for Commercial Vessels Departing From the United States,” USCBP-2005-0003 (October 12, 2006)

Automated Targeting System (ATS)

• “Privacy Act of 1974, System of Records Notice (SORN), DHS/CBP-006, Automated Targeting System (ATS),” DHS-2006-0060 (December 4, 2006)
• Supplementary Comments, “Privacy Act of 1974, System of Records Notice (SORN), DHS/CBP-006, Automated Targeting System (ATS),” DHS-2006-0060 (December 29, 2006)
• “Privacy Act of 1974, Implementation of Exemptions, Automated Targeting System,” DHS-2007-0043 (September 5, 2007)
• Homeland Security’s Data Vacuum Cleaner in Action (an investigation of the Automated Targeting System by the Identity Project, September 19, 2007)

Border Crossing Information System (BCIS)

• “Privacy Act of 1974, System of Records Notice (SORN) DHS/CBP-007, Border Crossing Information (BCI),” DHS-2007-0040 (August 25, 2008)

Electronic System for Travel Authorization (ESTA)

• “Changes to the Visa Waiver Program (VWP) to Implement the Electronic System for Travel Authorization (ESTA) Program,” USCBP-2008-0003 (August 8, 2008)

Secure Flight

• Testimony before the Department of Homeland Security, Transportation Security Administration, “Proposed Rules for the Secure Flight Program, TSA-2007-28572″ (Washington, September 20, 2007)
• “Secure Flight Program,” TSA-2007-38572 (October 22, 2007)
• Secure Flight FAQ
• Additional documents and references about “Secure Flight”

United States Visitor and Immigrant Status Indicator Technology Program (US-VISIT)

• “Enrollment of Additional Aliens in US-VISIT,” DHS 2005-0037 (August 28, 2006)

Western Hemisphere Travel Initiative (WHTI)

• “Documents Required for Travelers Departing From or Arriving in the United States at Sea and Land Ports-of-Entry From Within the Western Hemisphere,” USCBP-2006-0097 (September 25, 2006)
• “Documents Required for Travelers Departing From or Arriving in the United States at Sea and Land Ports-of-Entry From Within the Western Hemisphere,” USCBP-2007-0061 (August 27, 2007)

Whole Body Imaging

• Joint letter to the Secretary of Homeland Security (May 31, 2009)

European Union Regulatory Proceedings

Passenger Name Records (PNRs)

• Testimony before the LIBE Committee of the European Parliament and the Article 29 Working Party, “Transfers of PNR Data From the European Union to the United States” (Brussels, March 26, 2007)

Computerised Reservation Systems (CRSs)

• European Commission Directorate-General for Energy and Transport, “Public Consultation: Possible Revision of Regulation 2299/89 on a Code of Conduct for Computerised Reservation Systems (CRS)” (April 27, 2007)