Legal Fund Offers Avenue For Supporting The Effort
Leading organizations representing GA operators moved ahead on
Wednesday with a court challenge to the DOT’s decision to
dismantle the Block Aircraft Registration Request (BARR) program,
and announced the establishment of a fund to support the legal
fight.
On behalf of GA operators, a formal notice of appeal has been
filed with the U.S. Court of Appeals for the District of Columbia
Circuit; that notice will be followed by a motion to prevent the
DOT from making any changes in current practice pending the
court’s consideration of the appeal. Government officials put
forth their plan for severely curtailing the BARR in a June 3
filing in the Federal Register.
The NBAA and AOPA said the legal filing is needed to preserve
the BARR program, which was enabled by congress so that GA aircraft
owners and operators could "opt out" of having their aviation
movements broadcast over the Internet. The EAA, recognizing the
threat to personal privacy, plans to support the legal challenge
being mounted by NBAA and AOPA.
“As we have said, the DOT has chosen to look past the
overwhelming number of principled objections to its plans for
eliminating a program that has reliably served the general aviation
community for more than a decade,” said NBAA President and
CEO Ed Bolen. “The government’s plan sets the stage for
anyone with an Internet connection – terrorists,
cyber-stalkers, paparazzi, criminals, business competitors –
to follow the movements of citizens and companies in real time. The
situation represents an unwarranted invasion of the privacy of
aircraft owners and operators, a threat to the competitiveness of
U.S. companies and a potential security risk to the persons aboard
the aircraft, and we are confident the court will agree with this
assessment.”
“The government’s position is akin to saying anyone
with an Internet connection has more of a right to know when you go
through a toll booth using a Fast Pass-type device than you do to
privacy,” added AOPA President and CEO Craig Fuller.
“This is not about whether or not we pilots can hide our
aircrafts’ whereabouts from the government. We can’t,
nor do we wish to. Aviation and security officials have always had
real-time access to aircraft movements. Rather, it’s about
whether a privately owned vehicle can move freely about a
transportation system held in public trust without broadcasting its
exact location to the entire world against the will of the owner
and operator.”
EAA President and CEO Rod Hightower agreed, adding: "Many EAA
members fly primarily recreationally, and they also have made clear
to us that they view the government's action as an unwarranted
intrusion and a dangerous precedent. Therefore, we fully support
the legal efforts of our fellow aviators and associations."
Bolen and Fuller also announced that in response to requests
from NBAA and AOPA Members, a fund has been established for the
industry to demonstrate its support to the legal challenge.
“A large number of people from the GA community have asked
for ways they can support this effort, and the creation of this
fund provides another means for them to do so,” Bolen
said.
“Our members have made clear that they want to be
involved, and they want AOPA to be involved,” added Fuller.
“This fight will require the coordinated efforts and
collective resources of the broad general aviation community, and
anyone else who is interested in preserving a right to
privacy.”
Contributions to the BARR Legal Defense Fund can be made by
sending a check made out to BARR Legal Defense Fund via postal
delivery to:
BARR Legal Defense Fund
c/o NBAA and AOPA
P.O. Box 33788
Washington, DC 20033-3788
Please direct inquiries about the fund to:
NBAA: (202) 783-9266, bschwalen@nbaa.org
AOPA: (800) 872-2672, pilotassist@aopa.org
“We are dedicated to doing everything we can to stop the
DOT’s plan to disable the BARR, and today, we’re taking
another step to honor that commitment,” Bolen said. “We
know that getting on an airplane shouldn’t be tantamount to
forfeiting basic privacy protections, and on behalf of the general
aviation community, that’s the case we’re going to make
with the court. We look forward to having the support of those in
the industry who likewise view privacy as a fundamental
right.”
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