The Transportation Security Administration got another
black eye recently when Sen. Ted Kennedy (D-Mass.)
revealed that he had been blocked from flying five times
because his name triggered an alarm on the feds
No-Fly list. Kennedys staff had to make multiple calls
to high-ranking federal officials before the attempted
travel ban was lifted on the Senator-for-Life. One senior
Bush administration official explained that the
senators name was on the list because a suspected
terrorist had used T. Kennedy as an
alias.
And the embarrassment was compounded when the feds
ordered a United Airlines flight from London to land in
Bangor, Maine, because of the presence aboard of rock
singer Cat Stevens, known as Yusuf Islam since his
religious conversion. His name apparently triggered an
alert because the U.S. terrorist watch list contains the
name Youssouf Islam. The former singer is now a highly
respected peace activist; his efforts to spread a
moderate form of Islam have been praised by Jewish
leaders in London. The British government denounced the U.S.
government action.
The Kennedy and Cat Stevens debacles are reminders that,
three years after 9/11, the federal government is still
floundering when it comes to identifying threats against
the homeland. Terrorism watch lists have been a key
vulnerability for the United States for more than a
decade. And yet, the TSA still cannot pass the laugh test
with its watch list.
Watch-list debacles were key factors on 9/11. On the
morning of September 12, 2001, airlines received a fax
from the FAA with a list of 300 people classified as
dangerous by federal agencies and who were henceforth
prohibited from boarding any flight. The FAA had not
previously bothered compiling and forwarding to airlines
a list of flight risks it received from the
FBI, CIA, and its own experts. Two of the [9/11]
hijackers were on those September 10 lists,
Newsweek contributing editor Steven Brill
noted. But the FAA crossed those names off on
September 12 to avoid embarrassment, Brill
reported.
After 9/11, the new Transportation Security
Administration took over administration of the No-Fly
list. Unfortunately, TSA is relying on a close
enough for government work standard that bars many
innocent Americans from air travel. The Wall Street
Journal noted, Many entries on the list lack
details that could make it easy to know if a traveler is
really the person named. TSA gives airlines little
guidance on just when a passengers name is close
enough to one on the list to warrant flagging the person
for a law enforcement check.
At San Francisco International Airport, 339
travelers names set off alarms in the official
database as they sought to travel between September 2001
and early 2003. Many travelers are erroneously stopped
time and again, and taken aside for intensive
questioning, regardless of how many times they previously
proved that they are not members of al-Qaeda or Irish
terrorists or Aryan Nation kingpins. People with the name
David Nelson have been especially afflicted
by the list.
In July, 258 people filed written requests with TSA
seeking removal from the No-Fly lists, the
Washington Post reported on August 21. The
TSA has no idea of the total number of people who have
sought to have their names excised from the list. Failing
to keep track of the number of its victims makes it
easier for TSA to deny its debacles.
The American Civil Liberties Union sued TSA to find out
how many people are on the No-Fly list and to find out
the agencys procedures for administering the list.
In June, federal judge Charles Breyer lambasted the
agency for refusing to provide almost any information on
how its flight-ban system operates. Breyer commented,
In many instances, the government has not come
close to meeting its burden, and, in some cases, has made
frivolous claims of exemption from the Freedom of
Information Act.
The No-Fly list debacles illustrate why TSA may be
Washingtons most irresponsible agency. David Sobel,
general counsel of the Electronic Privacy Information
Center, observed, Nobody wants to accept
responsibility for the maintenance of the [no-fly] list
and nobody wants to claim the authority to remove a
name. TSA officials responded to the Kennedy
embarrassment by blaming airlines, which administer the
list for the government. TSA spokeswoman Yolanda Clark
claimed, What is flawed in the identification
system is the administration of this list. But
airlines do not have an incentive to persecute their
would-be customers.
There is no reason to expect to wake up on some bright
sunny morning and suddenly hear that the federal
government has, overnight, become competent. The war on
terrorism, like other government endeavors, will continue
to be slipshod and unreliable. It is only a question of
time until the next TSA debacle hits the front pages.
James Bovard is author of the forthcoming The Bush Betrayal as well as Lost Rights (1994) and Terrorism and Tyranny: Trampling Freedom, Justice and Peace to Rid the World of Evil (Palgrave-Macmillan, September 2003) and serves as a policy advisor for The Future of Freedom Foundation. Send him email.
|
Send to a friend
Printer Friendly PDF Format
Subscribe to FFF Email Update
Subscribe to Freedom Daily
|
|
|
|