Re: Will Amnesty International be taking up the case of DavidCarruthers of BetOnSports?

[Matthew Murphy <mattmurphy () kc rr com>]

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA512

Drsolly wrote:
> On Thu, 20 Jul 2006, Matthew Murphy wrote:
> > IMO, the concern about flight lists being used to identify Carruthers is 
> > misplaced.  Carruthers would have been obligated to file customs 
> > declarations upon arrival in the United States that would have exposed 
> > him to identification.
>
> No - if you're transiting via a country, you get into the transit lounge, 
> and you don't have to do paperwork. The transit lounge is a kind of 
> limbo for customs.

Federal law in the United States requires all international travelers to 
the United States, including transit-only travelers, to have a Visa (you 
can receive a "Transit Visa" for this purpose) or, if you're from a 
select list of countries (like the UK), participate in the Visa Waiver 
Program (VWP).  That means filling out the I-94W form, which includes:

* Name
* DOB
* National Origin
* Arrival Flight/Transit Information
* Lodging Information
* Passport Number
etc.

You'll also be denied entry without proof of citizenship -- transit 
visitor, or not.

> > An outstanding arrest warrant signed by a 
> > federal judge would have been identified at that stage, regardless. 
> > That, of course, assumes there wasn't any immigration paperwork filed 
> > prior to his arrival -- probably a lofty assumption.
>
> A good assumption - he wasn't immigrating to the USA. He was on his way 
> someplace else.

His status as an immigrant or a transit traveler should not determine 
whether he files a customs declaration, aka I-94W.  The I-94W includes 
plenty of information to identify him beyond any reasonable margin of 
error as the subject of a federal arrest warrant -- and is therefore 
enough information to detain him under U.S. law.

The only thing the U.S. government MIGHT have gained from accessing 
flight records (if that took place as alleged) was more certainty of 
when he'd be arriving.  U.S. customs collects the flight information of 
all inbound international visitors upon arrival, anyway, as outlined above.

I really don't see why there's so much fuss about U.S. government access 
to international flight records, and I'm a civil libertarian.  The U.S. 
government has every right to request such access, IMHO, and all they're 
gaining from having it is a matter of hours advance notice of visitors' 
arrival.

-----BEGIN PGP SIGNATURE-----
Version: PGP Desktop 9.0.6 (Build 6060)
Comment: New (15 May '06) Key: Fetch from pgp.mit.edu; ID=0x2257C33F
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=aJzt
-----END PGP SIGNATURE-----
_______________________________________________
Fun and Misc security discussion for OT posts.
https://linuxbox.org/cgi-bin/mailman/listinfo/funsec
Note: funsec is a public and open mailing list.