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posted by azrael on Wednesday June 25 2014, @10:44AM   Printer-friendly
from the fly-in-the-ointment dept.

U.S. District Court Judge Anna Brown, Portland OR, ruled on remand, that the No Fly List was unconstitutional.

Originally, Brown, back in 2012 said she could not rule on the case due to federal laws, but that ruling was overturned by the 9th U.S. Circuit Court of Appeals. So her current ruling comes with an already built in higher court review.

In her ruling, Brown said:

Since much of what is used for placement is classified, the government should provide people on the list the nature and extent of the classified information, the type of threat they pose to national security, and the ways in which they can respond to the charges.

The process does not provide a meaningful mechanism for travelers who have been denied boarding to correct erroneous information in the government's terrorism databases.

Reuters also reports that The decision hands a major victory to the 13 plaintiffs -- four of them veterans of the U.S. military -- who deny they have links to terrorism and say they only learned of their no-fly status when they arrived at an airport and were blocked from boarding a flight.

The American Civil Liberties Union, which brought suit against the policy in 2010, argues that secrecy surrounding the list and lack of any reasonable opportunity for plaintiffs to fight their placement on it violates their clients' constitutional rights to due process.

 
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  • (Score: 2) by tangomargarine on Wednesday June 25 2014, @03:06PM

    by tangomargarine (667) on Wednesday June 25 2014, @03:06PM (#59898)

    I'm no lawyer, but I am a professional cynic

    On the outside chance that you're not being facetious...would that put you in risk assessment or an insurance adjuster or something?

    --
    "Is that really true?" "I just spent the last hour telling you to think for yourself! Didn't you hear anything I said?"
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  • (Score: 2) by Leebert on Wednesday June 25 2014, @03:25PM

    by Leebert (3511) on Wednesday June 25 2014, @03:25PM (#59914)

    would that put you in risk assessment or an insurance adjuster or something?

    Information security, but yes, I do a lot of NIST SP 800-30-based risk assessments. :)

    One of my more recent funny lines at work:

    Operations Guy: "You're such a cynic."
    Me: "No, I'm a realist, but unfortunately it's an easy to confuse the two."