Secure Flight -- time to send in comments to the TSA

topic posted Sun, October 14, 2007 - 3:09 PM by  offlineDeborah
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I've posted this in a couple of places, and was asked to post it here too, so here's what you need to know. The final date to send in comments is Oct. 22.

It's important to send comments in. This version of Secure Flight is written in a subtle way...but the outcome is quite extraordinary. For the first time (if this passes), we'll essentially be needing to get permission from our government before we fly. It's very tempting to think that because the TSA is only matching names against the watch lists that the threat to civil liberties is not great. But -- the watch lists are inaccurate, and no one gets to see who is on the list, nor do we have a great way to get off the list if we're put there erroneously. Obviously, the list can be misused....

I'm copying an article from The Register, which is kind of a rag, I know. The article is good though, and written by Wendy Grossman, who I know personally. She's very, very smart, and very educated on the topic.

I'm also including a link to the TSA's website (at the very end of this post) so you can get more info, and info on how to comment.

US demands air passengers ask its permission to fly
www.theregister.co.uk/2007/10...ta_hell/

If you're not on the list, you're not getting on
By Wendy M. Grossman
Published Friday 12th October 2007 13:18 GMT

Under new rules proposed by the Transport Security Administration (TSA) (pdf), all airline passengers would need advance permission before flying into, through, or over the United States regardless of citizenship or the airline's national origin.

Currently, the Advanced Passenger Information System, operated by the Customs and Border Patrol, requires airlines to forward a list of passenger information no later than 15 minutes before flights from the US take off (international flights bound for the US have until 15 minutes after take-off). Planes are diverted if a passenger on board is on the no-fly list.

The new rules mean this information must be submitted 72 hours before departure. Only those given clearance will get a boarding pass. The TSA estimates that 90 to 93 per cent of all travel reservations are final by then.

The proposed rules require the following information for each passenger: full name, sex, date of birth, and redress number (assigned to passengers who use the Travel Redress Inquiry Program because they have been mistakenly placed on the no-fly list), and known traveller number (once there is a programme in place for registering known travellers whose backgrounds have been checked). Non-travellers entering secure areas, such as parents escorting children, will also need clearance.

The TSA held a public hearing in Washington DC on 20 September, which heard comments from both privacy advocates and airline industry representatives from Qantas, the Regional Airline Association, IATA, and the American Society of Travel Agents. The privacy advocates came from the American Civil Liberties Union and the Identity Project. All were negative.

The proposals should be withdrawn entirely, argued Edward Hasbrouck, author of The Practical Nomad and the leading expert on travel data privacy. "Obscured by the euphemistic language of 'screening' is the fact that travellers would be required to get permission before they can travel."

Hasbrouck submitted that requiring clearance in order to travel violates the US First Amendment right of assembly, the central claim in John Gilmore's case against the US government over the requirement to show photo ID for domestic travel.

In addition, the TSA is required to study the impact of the proposals on small economic entities (such as sole traders). Finally, the TSA provides no way for individuals to tell whether their government-issued ID is actually required by law, opening the way for rampant identity theft.

ACLU's Barry Steinhardt quoted press reports of 500,000 to 750,000 people on the watch list (of which the no-fly list is a subset). "If there are that many terrorists in the US, we'd all be dead."

TSA representative Kip Hawley noted that the list has been carefully investigated and halved over the last year. "Half of grossly bloated is still bloated," Steinhardt replied.

The airline industry representatives' objections were largely logistical. They argued that the 60-day timeframe the TSA proposes to allow for implementation from the publication date of the final rules is much too short. They want a year to revamp many IT systems, especially, as the Qantas representative said, as no one will start until they're sure there will be no further changes.

In addition, many were concerned about the impact on new, convenient and cash-saving technologies, such as checking in at home, or storing a boarding pass in a PDA.

One additional point, also raised by Hasbrouck: the data the TSA requires will be collected by the airlines who presumably will keep it for their own purposes – a "government-coerced informational windfall", he called it.

The third parties who actually do much of the airline industry's data processing, the Global Distribution Systems and Computer Reservations Systems, were missing from the hearing.

===

Link to TSA's Secure Flight program
www.tsa.gov/what_we_do/l...ht/index.shtm
posted by:
Deborah
SF Bay Area
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  • Thank you very much for the links, Deborah...I'm on it!!

    What will our govt. think of next...
    • Update --

      Edward Hasbrouck emailed a bunch of us his comments on Secure Flight (which are quite good). He has worked as an activist travel agent for more than 20 years -- he now works with The Identity Project, which is a side project of the First Amendment. I asked him if I could share his comments here,and he said yes.

      Comments are due Oct. 22. You can use his comments to construct your own. Please note, the only weakness in his comments is his section on the Privacy Act violations. It's weak because the Privacy Act has all but been eviscerated over the last ten years.

      His first email said this:

      As a follow-up to the discussion at the last coalition meeting, and for
      the use of others preparing their own comments, the comments filed by the
      Identity Project on the proposed rules to require government permission
      for both domestic and international air travel are posted at:

      hasbrouck.org/IDP/IDP-Sec...comments.pdf

      The comment deadline is October 22. Note that the online comment
      submission system for the TSA has migrated from one system to another
      (*much* more unreliable) one in the middle of this comment period. I
      recommend submitting your comments before the deadline, if possible, and
      checking to make sure they show up on the docket. See:

      hasbrouck.org/blog/archives/001286.html

      My response and then his response follows here:


      > Can I share your comments with the activists on a couple of the social
      > networks where I hang out? Thanks,


      Yes, please do. They are also linked from:

      hasbrouck.org/blog/archives/001286.html

      --
      Edward Hasbrouck
      <edward@hasbrouck.org>
      <hasbrouck.org>
      +1-415-824-0214

      "The Practical Nomad: How to Travel Around the World"
      (4th edition 2007)
      "The Practical Nomad Guide to the Online Travel Marketplace"
      <www.practicalnomad.com>

      Around-the-World and multi-stop international air tickets:
      www.airtreks.com/tools/landing.php

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