Interstate Travel: Constitutional Challenges to the Identification Requirement and Other Transportation Security Regulations [Updated December 21, 2004] [open pdf - 70KB]
"Since the terrorist attacks of September 11, 2001, security measures in and around our nation's transportation facilities have dramatically increased. Nowhere has the increase been more noticeable than with respect to air transportation. New federal statutes and agency regulations have been implemented, each with the purpose of ensuring the safety and security of passengers, facilities, and workers of our national transportation systems. Not all of these security measures, however, have been publicly disclosed. In fact, pursuant to its statutory authority, the Transportation Security Agency (TSA) has issued a series of regulations relating to transportation security in which a majority of the information, including rules, orders, and directives has been classified as 'sensitive security information' (SSI), and thus, withheld from public scrutiny. For example, the regulation requiring that all passengers produce photo identification before being allowed to enter the airport gate area or board an aircraft, bus, or train has been classified as SSI, and consequently, cannot be disclosed to the general public. In addition, the standards utilized for creating, maintaining and requiring airlines to screen passengers against government-provided 'watch lists' and 'no-fly lists' do not appear to have been made publicly available."
CRS Report for Congress, RL32664