The Justice Department has requested permission to submit evidence to the court under seal in a case about a secret security rule. The case involves a secret transportation security rule that requires airline passengers to show identification in order to fly. A private citizen, John Gilmore, challenged the requirement and sued the government claiming the rule infringes on citizens' right to travel freely. While airline security claimed that the requirement for ID existed they could not cite a specific rule. Initially, government officials claimed that they could not even confirm the existence of the security rule. Then after realizing that an obscure maritime security rule published in May 2004 mentioned the rule, the government acknowledged the rule's existence but has still refused to disclose its contents. The Justice Department claims that the rule cannot be publicly discussed because it qualifies as Security Sensitive Information (SSI), which is a new category of information that allows the Transportation Security Administration (TSA) to withhold unclassified information from the public except on a need to know basis. The rule apparently derives from a temporary secret security directive issued during the mid 1990s that instructed airlines to request photo identification from passengers. Soon after the 9/11 attacks the TSA issued a new order upgrading the request to a requirement. The 9th Circuit Court of Appeals ruled against the government's motion to file documents under seal. Officials have appealed the decision and the court is expected to make a decision soon.