DC Airport Lawyers Respond - Show us ID!

Note: This has nothing to do with my research at school. I've submitted my research paper on airport security, and thus am not working on the issue anymore. My attempts to assert my rights and to fly without ID are those of a private citizen, and are conducted on my own time. My actions or writings do not reflect the official positions of my current, past or future employers.

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I got back from spring break/Shmoocon today and found a letter from the Metropolitan Washington Airport Authority waiting for me in my mailbox.

Back in February, I was compelled to show ID by a police officer at DCA/Reagan airport. I believed I was in the right, but I didn't want to risk getting arrested, so I complied and wrote a letter afterwards. That letter can be seen here

I've scanned the letter here, but the short summary of it is as follows:

Arlington County (Virginia) has a law that requires a person to identify himself if a police officer requests it, and a reasonable man would believe that the public safety requires such identification.... This is not so different than the Nevada law in question in the Hiibel case.

Interestingly enough, the lawyer who wrote the letter states that "your name alone is insufficient for the quick background check that Sgt. Westbrook had run."

Essentially, what they claim, is that Hiibel, or their reading of the law, allows an officer to compel you to produce ID. I had clearly identified myself to the officer, both by introducing myself to her by name, and due to the fact that my boarding pass - which she had been given by TSA - had my name printed on it in big letters.

The other fishy part of the encounter was after she had run the background check (which came back clear) - at which point, the officer then handed my ID over to TSA. The letter states "The Airport Authority has no specific procedure for handling a situation in which a passenger refuses to provide identification. Your letter has prompted the airports authority to review its policies and to refine the guidance it gives its police officers".

This is a long way of not telling me much.

I'll probably end up filing a FOIA to the airport authority - to see if I can find out who said what as they decided how to reply to this letter.

No ID: A letter to the DCA Police

Sergeant Sonya Westbrook
Police Department
Reagan National Airport
Washington, DC
20001-4901

CC: US Senator Jim Webb, US Senator John Warner, US Congressman Virgil Goode,
Virginia Delegate David Toscano, TSA Director Kip Hawley,


Dear Sergeant Westbrook,

I am writing to you to follow up on our conversion at Washington Reagan National Airport on February 19 2007.

On February 19 2007, you were called over to a security checkpoint where I was undergoing "secondary screening" by TSA checkpoint staff. I held a valid ticket on a Northwest Airlines flight to Indianapolis, and a boarding pass that had been marked "No ID" by airline staff. I requested this special pass at check-in, as I did not want to present ID to TSA staff. During the secondary screening process, TSA screeners called you over, at which point, you compelled me to show ID. The purpose of this letter is to get information about your demand that I show you my ID.

In September of 2006, I flew to Washington DC from Indianapolis on Northwest Airlines. I told the check-in agent that I was asserting my right to fly without showing any ID, and would be happy to submit myself to additional screening measures. To help things along, I brought a copy of the US Court of Appeals (9th Circuit) opinion in the case Gilmore vs. Gonzales, so that I could point out the specific text which states that passengers can fly without ID. The supervisor at the Northwest check-in desk spoke to me in an attempt to understand my intentions. She then suggested that in future trips, that I should claim that I had forgotten/lost my ID. She said that Northwest staff were clearly trained to work with passengers in this situation, and that it would be easier for me, and her colleagues, if I gave this reason for not showing ID. She advised me that attempting to assert my right to fly without ID would just confuse her staff, and that Northwest staff would print me out a "SSSS" (secondary screening) boarding pass whenever I needed one, without any problems or delay, as long as I presented my situation in such a way that their staff could easily understand what I needed. I documented my experience that day here: http://paranoia.dubfire.net/2006/09/tsa-love.html

The US Court of Appeals (9th Circuit) opinion in the case Gilmore vs. Gonzales states that: "As noted, we have reviewed in camera the materials submitted by the Government under seal, and we have determined that the TSA Security Directive is final within the meaning of § 46110(a). The Security Directive “imposes an obligation” by requiring airline passengers to present identification or be a “selectee,” and by requiring airport security personnel to carry out the policy. The Security Directive also provides a “definitive statement” of TSA’s position by detailing the policy and the procedures by which it must be effectuated (page 1148)"
It later stated that "The identification policy requires that airline passengers either present identification or be subjected to a more extensive search. The more extensive search is similar to searches that we have determined were reasonable and “consistent with a full recognition of appellant’s constitutional right to travel" (page 1155)." The full opinion of the court can be viewed here: http://www.papersplease.org/gilmore/_dl/GilmoreDecision.pdf

I have flown without any federal photo ID at least 8 times in the past year, on multiple airlines. These have included Northwest, American, Continental and Midwest. On at least three occasions, I have successfully been able to fly without a single piece of identification out of DCA Airport. A number of other US citizens have also done this, and documented their experiences, including Mr Jim Harper, a member of the DHS Privacy Advisory Committee (see: http://www.wired.com/news/technology/0,71115-0.html).

On February 19 2007 at DCA Airport, during the the secondary screening process, I explained to the TSA screeners exactly why I had a "No ID" boarding pass - marked that way by a Northwest check-in agent. I told them that there is no law that requires that passengers present any ID to a government employee in order to fly, and that the only reason I was undergoing secondary screening was due to the fact that I was not showing them any ID. They told me that unless I showed them ID, that they would be forced to call over a law enforcement officer. They also warned me that this could cause me to miss my flight. I said this would not be a problem.

As part of the secondary screening process, I went through a magnetometer and underwent a full pat down by a TSA agent. My carry on bag was thoroughly searched, my prescription medicines examined, and all of my possessions swabbed and then analyzed for chemical/explosive traces. I willingly complied with the secondary screening process. Had I not declined to show ID, I would have been able to go through the security checkpoint in a couple of minutes without any of these additional searches.

It is at this point that we met. You introduced yourself, asked me why I did not wish to show ID, and then told me that I was obligated to show ID, to you. I asked you to confirm that you were compelling me to show ID, and you confirmed this. I again stated my belief that there was no law that required passengers to show ID to government employees in order to fly, but that since you were ordering me to present an ID, I would do so. I asked a TSA staff member to remove my wallet from my bag, who gave it to you. I then asked you to hand me my wallet, which you did. I removed my Virginia drivers license, handed it over to you, and waited.

You then read my drivers license number into your radio, and had a colleague of yours perform some kind of criminal record check on me. After this came up negative, you handed my license over to the TSA employees, who wrote down my personal information for the incident report that they were preparing.

At this point, there were 2 TSA screeners, 2 TSA supervisors in suits, and yourself, an armed police officer. I believe that it was quite reasonable for me to feel intimidated by this large gathering of law enforcement and security officers around me, all of whom were telling me that I was required to show ID. While I was, and still am confident that the law is on my side, I did not feel comfortable enough to risk any kind of major confrontation, and thus complied with your order. I know that it is better to state my objection, obey police orders, and then contest them after the fact.

I ask that you provide me with the following information:

1. What is the specific law or rule which allowed you to compel me to provide ID.

2. If I had not agreed to show you ID, how would you have responded? Would you have stopped me from flying?

3. What if any probable cause or reasonable suspicion did you have to compel me to show you my ID.

4. My boarding pass stated my full name and I introduced myself by full name to you when we met. Please explain the additional requirement that I show ID to you. This would seem to fall far beyond the requirements outlined in Hiibel v. Sixth Judicial District Court of Nevada.

5. Why did you give my drivers license to TSA staff - when the sole reason I submitted myself to the secondary screening process was so that I would not have to identify myself to TSA?

6. What is the specific law or rule which allowed you to give my drivers license, and thus access to my personal information, to the TSA employees - who would then use it to write a report. I had clearly expressed my intent to not show my identity documents to TSA.

I have full respect for the police, and I understand that you have a tough and stressful job. I ask, however, that you please respond to my questions in full.
I also ask that you confirm receipt of this letter, by US mail, within 10 working days.


Thank you,




Christopher Soghoian

ID rules inna Babylon: A police confrontation at DCA Airport

I have documented (at length) past successful attempts to fly without ID. In particular, on Northwest Airlines, it is possible to fly without ever showing a single piece of ID - whereas Continental, and American have required me to show 'some' form of ID - which included a prepaid credit card and my membership card to the local organic co-op supermarket. All of my previous experiences were based on the technique of claiming that I had forgotten/lost my ID. This was based on my very first experience last year, where a Northwest Airlines supervisor told me that the airline had easy procedures when passengers had lost their ID, and that if I instead tried to assert my right to not show ID, that I would just confuse their staff.

Flying without ID through the claim of a forgotten ID has gotten slightly stale - plus, I don't want to have to misrepresent myself. I would much rather be 100% honest, and tell them that I have an ID in my bag - but do not wish to show ID, and am asserting my rights.

Today, I tried to do just that - with TSA.

I printed out my boarding pass from one of the self-service terminals, told a NWA employee that I had forgotten my ID, and she wrote "No ID" on my boarding pass in a red ink marker without asking a single question. No problem.

I told the rent-a-cop checking ID's that I didn't have one, pointed to my specially marked boarding pass, and she, without batting an eyelid, sent me down the right hand lane at the security checkpoint - which is the one lane that leads to a puffer machine.

I declined to go through the puffer machine... Not a major problem - a supervisor had to come over - and once I told him that I wasn't legally required to go through the machine, he let me opt for a pat down instead.

Once the TSA guys started searching my bags, and wiping swabs against my possessions for chemical analysis - I started chatting with the agents. I told them I was used to the process, and that I habitually fly without any ID. They asked why, and I told them that I was asserting my right to fly without any ID - as documented by the Appeals Court.

It was at this point that things got interesting.

They notified their supervisor, who told me that if I wasn't willing to show them any ID, that they would have to bring in a law enforcement officer. She made it a point to mention that I could miss my flight due to this delay. No problem I said.

A Police Sergeant, Sonya Westbrook, with the Metro. Washington Airports Authority came over to chat. I politely explained that there was no law stating that passengers were obligated to show any ID to fly. I explained that I had happily submitted myself to a vigorous secondary search - which included a pat-down of my person and the hand search of my carry on bags.

Officer Westbrook told me that I had to show her ID. I asked her to confirm that she was compelling me to show my ID, and she agreed, and said that I had to show it.

I read the Hibel case in a privacy law class 2 years ago, and while the Supreme Court didn't do the most fantastic job of answering the question in the case (Court rules that you must tell a police officer your name, but the officer in the case actually asked Mr Hibel for his ID). In any case, the case was close enough to this situation that I pulled out my drivers licence, and showed an ID to Officer Westbrook.

She then called my drivers license number in on her radio, and ran some kind of criminal check against me, after again asserting that the law stated that I had to show ID to fly.

Jim Leonard, the TSA Security Manager at the checkpoint was also present (as well as some other unnamed TSA person in a suit) - who stated that he was filing an incident, and had one of his staff write down my license info, as well as the info from my boarding pass.

After all this was over, they let me board my fight.

This was a pretty unpleasant experience. Everything I have read thus far seems to suggest that you have the right to fly without ID. My past experiences have clearly demonstrated that if you claim to not have ID (something which any would-be terrorist can claim) - one should be able to board a flight without any problems.. However, if one attempts to tell the truth, and assert their rights, one can be met with threats and bullying from law enforcement and TSA.

I'll be writing to Officer Westbrook to ask her to cite the specific law which states that I have to show ID at the airport. I'll be interested to see how she responds.