Thursday, 30 June 2011

My arguments for disclosure of US government travel surveillance records

My attorneys from the First Amendment Project filed their main briefs last Friday in my Privacy Act and Freedom of Information Act (FOIA) case against the U.S. Department of Homeland Security.

In this case, Hasbrouck v. CBP, I am seeking to compel U.S. Customs and Border Protection (one of the components of the DHS) to disclose:

  1. The CBP/DHS “travel history” dossier about me, compiled from my airline reservations (PNRs) and other commercial and government data and contained in the (illegal) CBP “Automated Targeting System” (ATS), including “risk assessments” of me and the rules used to determine those risk assessments;
  2. An “accounting of disclosures”, as required by the Privacy Act, showing which other government agencies or other third parties have been given access to which of this data, and when; and
  3. General information about how ATS data is indexed and retrieved.

The main arguments for summary judgment in my favor (and in opposition to CBP’s cross-motion) is contained in a proposed order, supporting brief, and my supporting declaration. Additional supporting declarations and exhibits are linked here. Following reply briefs to be filed next month by each side, oral argument is scheduled for August 25th in Federal District Court in San Francisco.

Link | Posted by Edward on Thursday, 30 June 2011, 18:12 ( 6:12 PM)
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