ARC is actually a longstanding transaction processor and financial clearinghouse that serves almost all airlines, not just its owners. Selling data is incidental to its core business. There's more about ARC, what it does, what data it has, and how this differs from the government's other datasets and access pathways for airline info in my article about this last month for the Identity Project:
https://papersplease.org/wp/2025/05/08/arc-sells-airline-ticket-records-to-ice-and-others/
The concept of a "common carrier", and the duties implicit in holding onself out as (or being licensed) as) a common carrier, are common-law concepts that go back to English stagecoach law. Much of the U.S. case law on the dutues of common carrier is railway and public transit law, but applies equally to airines.
Here's one law review article discussing the duty of airlines as common carriers to transport all passengers, and what due process might be required for any attmpet to limit that right: https://scholar.smu.edu/cgi/viewcontent.cgi?article=1564&context=jalc
The concept of a "common carrier", and the duties implicit in holding onself out as (or being licensed) as) a common carrier, are common-law concepts that go back to English stagecoach law. Much of the U.S. case law on the dutues of common carrier is railway and public transit law, but applies equally to airines.
Here's one law review article discussing the duty of airlines as common carriers to transport all passengers, and what due process might be required for any attmpet to limit that right: https://scholar.smu.edu/cgi/viewcontent.cgi?article=1564&context=jalc
"As private companies, airlines can certainly refuse to allow certain people to board their planes."
Actually, as common carriers, that's exactly what they can't do: they have a legal obligation to transport all passengers willing to pay the fare and comply with the conditions of carriage in their tariff.
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Who ARC is, what it does, and what data it has
ARC is actually a longstanding transaction processor and financial clearinghouse that serves almost all airlines, not just its owners. Selling data is incidental to its core business. There's more about ARC, what it does, what data it has, and how this differs from the government's other datasets and access pathways for airline info in my article about this last month for the Identity Project: https://papersplease.org/wp/2025/05/08/arc-sells-airline-ticket-records-to-ice-and-others/
Re: Re: Common carriers and the duty to transport
The concept of a "common carrier", and the duties implicit in holding onself out as (or being licensed) as) a common carrier, are common-law concepts that go back to English stagecoach law. Much of the U.S. case law on the dutues of common carrier is railway and public transit law, but applies equally to airines. Here's one law review article discussing the duty of airlines as common carriers to transport all passengers, and what due process might be required for any attmpet to limit that right: https://scholar.smu.edu/cgi/viewcontent.cgi?article=1564&context=jalc
Re: Re: Common carriers and the duty to transport
The concept of a "common carrier", and the duties implicit in holding onself out as (or being licensed) as) a common carrier, are common-law concepts that go back to English stagecoach law. Much of the U.S. case law on the dutues of common carrier is railway and public transit law, but applies equally to airines. Here's one law review article discussing the duty of airlines as common carriers to transport all passengers, and what due process might be required for any attmpet to limit that right: https://scholar.smu.edu/cgi/viewcontent.cgi?article=1564&context=jalc
Common carriers and the duty to transport
"As private companies, airlines can certainly refuse to allow certain people to board their planes."
Actually, as common carriers, that's exactly what they can't do: they have a legal obligation to transport all passengers willing to pay the fare and comply with the conditions of carriage in their tariff.