Argue That BARR Revisions Are Unlawful, Should Be
Invalidated
The NBAA and AOPA filed their opening brief in court on Monday
to challenge the government's decision to severely limit the Block
Aircraft Registration Request (BARR) program. In their briefing,
filed with the U.S. Court of Appeals for the District of Columbia
Circuit, the associations argue that the FAA's revisions to the
BARR program are unlawful and should be invalidated.
"The FAA has failed to explain why it reversed its long-standing
policy recognizing that very real concerns about safety, security
and competitiveness justify giving aircraft owners and operators a
way to 'opt-out' of having their flights tracked by anyone,
anywhere in the world with an Internet connection," said NBAA
President and CEO Ed Bolen. "This reality has been pointed out in
the overwhelming opposition to the government's plans for the BARR.
The government ignored these concerns, but we believe the court
will not be so dismissive."
AOPA President and CEO Craig Fuller added: "We want the court to
understand that this issue should alarm anyone who supports basic
privacy protections, whether or not they ever get on an airplane.
After all, just because the government collects information doesn't
mean it should be broadcast over the Internet for viewing by
electronic stalkers, the paparazzi, or a businessperson's
competitors. We are confident the court will find the FAA's
unprecedented new policy defies both law and common sense."
The decade-old, Congressionally enabled BARR program provides
operators of private aircraft the ability to opt out of having
their aviation movements tracked. However, earlier this year,
government officials announced plans to severely limit the program
only to aircraft owners and operators who can verify a "valid
security concern."
In June, NBAA and AOPA announced that they would challenge the
government's plan in court, and the Experimental Aircraft
Association filed a friend of the court brief supporting the
suit.
The government's plan to curtail the BARR program went into
effect on August 2.
The FAA has until September 28, 2011 to file a brief in response
to the legal filing from NBAA and AOPA. The two associations will
then have an opportunity to file a final brief on October 12, 2011.
The Court of Appeals will hear arguments shortly thereafter.