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The Identity Project (IDP), Center for Financial Privacy and Human Rights (CFPHR),Knowledge Ecology International (KEI), Center for Media and Democracy (CMD), Privacy Activism,Consumer Travel Alliance (CTA), Robert Ellis Smith, and John Gilmore submit these comments inresponse to Department of State Public Notice 7345, "60–Day Notice of Proposed InformationCollection: DS–5513, Biographical Questionnaire for U.S. Passport, 1405–XXXX ,” published at 76
10421 (February 24, 2011), and the proposed form, supporting statement, statement oflegal authorities, and regulatory assessment which were provided to us by the Department of State inresponse to our requests, and which we have published for the benefit of other commenters at<http://papersplease.org/wp/2011/03/18/state-dept-proposes-biographical-questionnaire-for-passport-applicants/>. We have posted the proposed Form DS-5513 at <http://papersplease.org/wp/wp-content/uploads/2011/03/ds5513-proposed.pdf>.The Department of State (DOS) is seeking Office of Management and Budget (OMB) approvalfor a new collection of personal information from some subset of applicants for U.S. passports, asdescribed in the "Notice of Proposed Information Collection" and the proposed Form DS-5513.For the reasons discussed below, we oppose this information collection and proposed form asexceeding the statutory authority of the DOS, unconstitutional, and in violation of U.S. obligationspursuant to international human rights treaties to which the U.S. is a party. The DOS should withdraw itsproposal; if it does not do so, OMB should disapprove the proposed information collection and form.
I. ABOUT THE COMMENTERS.
The Identity Project (IDP), <http://www.PapersPlease.org>, provides advice, assistance,publicity, and legal defense to those who find their rights infringed, or their legitimate activitiescurtailed, by demands for identification, and builds public awareness about the effects of ID requirementson fundamental rights. IDP is a program of the First Amendment Project, a nonprofit organizationThe Identity Project, et al.<http://www.PapersPlease.org>Comments on proposed form DS-5513,OMB control number 1405-XXXXApril 24, 2011