And what Gilmore's argument truly turns on is the question of is our country still governed by the rule of law? Or, is it governed by arbitrary rules created and enforced by un-elected government employees, rules that no elected official has ever voted on nor that any citizen can read. Indeed, the incident with Sen. Kennedy is the most high-profile example of a situation where no elected representative can even write legislation to modify these SSI rules because even they are not allowed to read them.
Don't get me wrong, I agree that there is information regarding our transportation system that should be secret. However, I do NOT believe that any rule or law that intrudes on a person's body, privacy, or Constitutional rights can in any way meet any conceivable needs test for secrecy. In their own way, the Bush administration has tacitly acknowledged this by founding Camp X-Ray and finding other means of keeping those whom they classify as "suspected terrorists" off of American soil and, thereby, outside of the protection of American law.
To roughly quote Benjamin Franklin, "Anyone who would exchange liberty for security deserves neither"...and, I would add, gets neither.