ehasbrouck

This is not true, in at least 2 respects: (1) a common carrier has a legal duty not just to sell a ticket but to provide transportation according to the tariff, and (2) this means an airline can't order a passenger not to board, or order them off the plane, unless they have violated some terms of the tariff. Some airlines have tried to create their own no-fly lists, but without opening up another area of discussion these have no more basis in law than the government's no-fly list, and have never (so far as I know) been reviewed by courts.

As discussed in the original article, John Gilmore (co-founder of EFF) did sue. "His complaint was dismissed on the basis of TSA policies that said travelers were still allowed to fly without ID as long as they submitted to a more intrusive 'pat-down' and search. The court didn’t rule on the question of whether a law or policy requiring ID at airports would be legal, since the TSA conceded there was no such law."

FWIW, REAL-ID is not about U.S. citizenship: A passport issued by any country is considered "compliant" with the REAL-ID Act for air travel or any other purpose, regardless of the person's U.S. immigration status. Some politicians seem to have deluded themselves to think that requiring REAL-ID will stop "illegal aliens" from flying. But it won't. Many foreigners in the U.S. (regardless of U.S. immigration status) have an easier time getting REAL-ID (a passport from their country of citizenship) than some U.S. citizens.

No, it's not "regulatory policy". It's been done entirely with some combination of secret "Security Directives" and "rulemaking by press release". As the article and the linked references explain, the TSA never issued any regulations, published any of the required notices, or obtained any of the approvals that would have been required even if Congress had passed an (unconstitutional) authorizing statute (which it didn't).

Unlike other service providers, a common carrier by definition cannot refuse service to anyone willing to pay the fare in the tariff. Common carrier laws are some of the oldest consumer protection laws, enacted to protect travelers and shippers of goods against predatory and discriminatory pricing. Federal law recognizes the "public right of transit" by air, and requires boith airlines and Federal agencies to respect it.

I'm a citizen and resident of the USA. But I have travelled often in Germany, roaming on Deutshce Telekom cell towers using a cellphone with a T-Mobile USA SIM and a US phone number. DT has collected data about my roaming in Germany, and has transferred that data to T-Mobile USA for billing and other purposes. So some of the data about me held by T-Mobile USA, which T-Mobile USA has refused to allow me to see, was collected in Germany by Deutsche Telekom.