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No-Fly Lists
Transportation Security Administration
(TSA) has sought wide-ranging “...researchers from CBS
exemptions for the record system and
private companies engaged by the found other anomalies
agency are not subject to the Privacy Act.
As a result, legal safeguards that help with the list, such as
ensure accuracy and accountability in
other databases are absent from the names of deceased
watchlist system.”
In her discussion regarding the validity persons, or the inclusion
and efficacy of the data going into the
lists, Ms. Coney went on to note that: of dignitaries, such as
“…the security watchlists on which the
system is based are riddled with the President of
inaccurate and obsolete data. In
September 2005, documents obtained Bolivia...”
by EPIC under the Freedom of
Information Act revealed travellers’ anything, how does Kip Hawley’s
struggles with watchlist errors. The comment regarding terrorists on
situation has not changed materially and airplanes hold up? Are we letting them
Evo Morales, President of Bolivia, is recent news continues to reveal more ride? Would anybody ever really know?
reported to be on the US “No Fly” list. incidents of false positives and harrowing Does it matter?
experiences of legitimate travellers.” One of the absolute truisms of
correspondent Steve Croft questioned Nor are these the only instances where government is that once something is
former FBI agent Jack Cloonan about the the no-fly list’s accuracy and developed and deployed, it’s almost
list and its’ purpose. Cloonan, who had management were questioned. In April impossible to call it back. What
been part of the Bureau’s al Qaeda task of 2003, the American Civil Liberties bureaucrat wants to be known as the
force when the list was being compiled, Union (ACLU) brought suit against both person who left people off of the no-fly
replied that the TSDB was originally the TSA and FBI in an attempt to force list that somewhere, somehow, some
intended to be “…a serious intelligence the government to publicise information way, were responsible for the next attack
document.” However, Cloonan further about the no-fly list. The case was on civil aircraft? Better the list contain
stated that the list quickly became a brought by the ACLU on behalf of two 44,000 names than 16. Better that
“cover your rear end” product, designed anti-war activists in the San Francisco thousands of innocent passengers be
“…to protect bureaucrats and make the Bay area who were told that their names inconvenienced in airports throughout
public feel more secure.” Cloonan appeared on the list. As a result of the the world than try to establish clear,
summarised the effort by advising that suit, the government agreed to pay sensible or transparent criteria for a list
“…in our particular case they basically $200,000 in attorneys’ fees to the ACLU. that actually works. Better to keep the
did a massive data dump and said ‘OK The ACLU noted that the documents list alive – regardless of what it does, or
anybody that’s got a nexus to terrorism, ordered to be turned over by the even if it’s needed – than admit that
let’s make sure they get on the list…And government “…indicate[d] that the we’re really doing this as a “feel good”
once that train left the station, or once government's controversial "No Fly" measure to keep the public complaisant
that bullet went down range…there was watch lists were implemented and and the bureaucrats employed. Yes, the
no calling it back. And that is where we enforced long before there was a emperor has no clothes on, and you don’t
are.” Researchers from CBS found other coordinated policy in place. The need to be a little child to see that. Note,
anomalies with the list, such as names of documents reflect, among other things, though, that Andersen’s story goes on,
deceased persons, or the inclusion of confusion, inter-agency squabbling and telling us that even after the child’s
dignitaries, such as the president of subjective criteria in placing names on observation, “…the chamberlains walked
Bolivia. Other issues regarding the lists…” with still greater dignity, as if they carried
transparency of the lists involve the TSA’s These facts and data beg the question the train which did not exist”
seeking – and obtaining – exemptions of not so much whether the lists are And so we are...
under the Privacy Act for information useful, but if they’re even necessary.
used for the no-fly list. In recent Cockpit doors on civil aircraft are
testimony before the Subcommittee on armoured and shut. U.S. Federal Air The author is an Associate Professor in
Transportation Security and Marshals have grown from a two-digit the Homeland Security Programme at
Infrastructure Protection of the U.S. force to thousands. In the U.S. tens of Embry-Riddle Aeronautical University.
Congress, Lillie Coney, Associate thousands of TSA screeners, utilising the Prior to accepting that position, he
Director, Electronic Privacy Information latest in technology, scrutinise all served as Director of Public Safety for the
Center (EPIC), stated that: passengers leaving the United States. Greater Orlando Aviation Authority
“…the databases in the system are not With all this, and considering the following over 17 years of government
subject to the full safeguards of the challenges involved in ever establishing a service in a variety of security-related
Privacy Act of 19742, as the list capable of really accomplishing positions.
16 Register now for FREE instant access to ASI online by visiting www.asi-mag.com August 2009 Aviationsecurityinternational
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