The 11/14 issue of Secrecy News leads with a great article entitled "The Arrival of Secret Law." Excerpt (links added):
Last month, Helen Chenoweth-Hage attempted to board a United Airlines flight from Boise to Reno when she was pulled aside by airline personnel for additional screening, including a pat-down search for weapons or unauthorized materials.
Chenoweth-Hage, an ultra-conservative former Congresswoman (R-ID), requested a copy of the regulation that authorizes such pat-downs.
"She said she wanted to see the regulation that required the additional procedure for secondary screening and she was told that she couldn't see it," local TSA security director Julian Gonzales told the Idaho Statesman (10/10/04).
"She refused to go through additional screening [without seeing the regulation], and she was not allowed to fly," he said. "It's pretty simple."
Chenoweth-Hage wasn't seeking disclosure of the internal criteria used for screening passengers, only the legal authorization for passenger pat-downs. Why couldn't they at least let her see that? asked Statesman commentator Dan Popkey.
"Because we don't have to," Mr. Gonzales replied crisply.
Ah, there's an answer that would've done an old-school Soviet apparatchik proud. Fourth Amendment? What Fourth Amendment? You're acting mighty damned uppity there, citizen.
Secrecy News is well worth your time. There's something interesting and thought-provoking in almost every issue. Last week, they broke the news about, and even provided a copy of, the Army's new Interim Field Manual on counterinsurgency operations (PDF file, approximately 3 MB.)
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