Recent CAPPS News: April 15, 2003

TSA to review watch lists

The TSA has said that it plans to review all of the complaints that it has received from travelers who have found themselves on “watch lists” and can’t get themselves off even though they are not terrorists.

This move comes after more than a year of complaints, and after The Electronic Privacy Information Center (EPIC) posted 80 of the complaints on its web site, www.epic.org

TSA watch list routinely snags innocent travelers

The aviation "watch list", designed to catch terrorists before they board planes, has instead consistently identified innocent travelers, according to documents obtained by the Electronic Privacy Information Center (EPIC). In documents obtained under the Freedom of Information Act, travelers report being unable to remove their names from the watch lists despite repeated efforts. The TSA denied such a list existed until last fall, but now admits that the list is problematic and it isn't easy for people to clear their names. While TSA officials "hope" that the new CAPPS II system will be more accurate, David Sobel of EPIC suggests that this is unlikely.

Source: Wired News

Ridge: CAPPS II to be examined by privacy expert

Tom Ridge, Homeland Security Secretary, said in Congressional testimony that the CAPPS II program will not be tested until a Chief Privacy Officer has been appointed and examined the program. Ridge further said that a CPO has been identified, although not yet announced, and that the TSA is working on a "trusted flier" program to get frequent travelers through security more quickly.

Also at the panel, John McCain (R-AZ) urged Ridge to deploy military surveillance technology at border crossings.

Source: National Journal's Technology Daily

OMB: TSA must demonstrate a business case for CAPPS

A representative of the Office of Management and Budget (OMB) told a congressional subcommittee that OMB can and will hold funding for the project until a business case is demonstrated.

OMB is looking for clear evidence that TSA has developed a risk-based approach (rather than just another watch list) that will in fact improve productivity.

Source: Federal Computer Week

TSA meets with civil rights organizations on CAPPS II

The Transportation Services Agency (TSA) held a three-day "summit" meeting to discuss implications of the proposed CAPPS II profiling system with civil liberties and privacy advocates. Attendees included TSA Director Admiral James Loy, Barry Steinhardt of the American Civil Liberties Union (ACLU) and members of the Washington D.C.-based Center for Democracy and Technology (CDT). A TSA spokesperson said that the government plans to amend the controversial Federal Register notice of a database believed to be part of the CAPPS system, and promised that social security numbers and IRS records would not be used in CAPPS. A meeting between the TSA and privacy advocates in the Bay Area is expected in the next few weeks.

Source: Oakland Tribune

EFF Criticizes CAPPS System

The Electronic Frontier Foundation (EFF) asked the U.S Department of Transportation to withdraw a proposal to exempt the controversial Aviation Security Screening Records (ASSR) passenger database from Privacy Act. Gwen Hinze, a staff attorney at EFF, noted "The exemption TSA proposes would completely eliminate all the important safeguards for individuals' privacy that the Privacy Act was passed to protect."

EU Parliament Rejects Sharing Passenger Data with US

The European Parliament overwhelmingly rejected the agreement that had been reached for European airlines to share passenger data with the U.S. Airlines have been sharing the data since March 5, but parliament said that the agreement was illegal -- and that the U.S. had not provided suffiicent assurances that the data would not be abused.

Source: AFP via EU Business

Privacy advocate: anti-CAPPS amendment insufficient

John Gilmore, currently involved in a lawsuit against the Transportation Services Agency (TSA), argues that the anti-CAPPS amendment recently introduced by Ron Wyden is a "stalking horse, rather than real reform". Noting that the amendment doesn't stop CAPPS, but only requires a report to Congress, Gilmore goes on to point out that the "Air Cargo Security Bill" that the amendment is attached to is a similar "secret law" bill, authorizing the TSA to ignore various open government laws.

Source: Politech

Congressional oversight of CAPPS?

The Senate Commerce Committee approved legislation introduced by Senator Ron Wyden (D-OR) to increase congressional oversight of the CAPPS II System. Wyden noted that the system "raises some very serious privacy concerns". THe legislation -- introduced as an amendmant to the Air Cargo Security Bill -- would not halt the program, but requires the Department of Homeland Services to report on what safeguards are in place, how long information would be kept, and how long information would be kept.

Source: News.com via BusinessWeek

TSA and Airport Officials Clarify CAPPS Trial

Backpedaling on last week's announcements, a San Jose (California) International Airport spokesperson said that the airport would not have a role in Delta's initial test of CAPPS II.

A TSA spokesman further said that no information would be collected from any passengers during this 90-day "experiment"; instead, historical data about people who have flown Delta in the past would be used.

Source: Oakland Tribune

Site Urging Delta Boycott over CAPPS has Received 250,000 Hits to Date

Privacy advocate Bill Scannell created a web site calling for a boycott of Delta with "$17 and a cell phone". Calling the CAPPS II system "Orwellian", Scannell urges people to boycott Delta in response to the airline's initial testing of the system. To date, his site has received 250,000 hits.

Source: News 8 Austin

Travel Industry and Privacy Organizations Object to CAPPS II

Travel industry groups are also sharply objecting to CAPPS II. In a poll of approximately 250 corporate travel executives, 64 percent believe that CAPPS II will discourage air travel, the 82 percent considered it invasion of privacy, and 79 percent said that they would avoid flying on any airline that uses the system.

Source: New York Times (registration required)

Editorial: plan to snoop takes intrusion to new heights

While the TSA portrays the CAPPS II system as no more intrusive than a credit check, the filing in the Federal Register instead describes a sweeping, unparalleled plan to rifle through wide-ranging information, including personal data.

The TSA says the version that will actually be put into effect next year will be less intrusive than the proposal. If so, they should make the actual plan public. If the agency isn't willing to change course, Congress should stop it.

Source: USA Today

TSA Chief: Privacy will be protected

James Loy, administrator of the Transportation Security Administration (TSA), pledges in an op-ed piece to "protect the privacy rights of every American". He describes CAPPS II as a "carefully limited system", and stresses that the databases it will access are "information that marketers use every day".

Source: USA Today

Washtington Post Readers Angry about CAPPS

A vast majority of the readers of the Washington Post's "Business Class" column oppose the CAPPS II profiling system. One reader draws an analogy the the McCarthy era; another, however, suggests that he'd be willing to pay an added fee if he had fast-track access through security.

Source: Washington Post (registration required)

A Safer Sky or Welcome to Flight 1984?

Surprised by the strong response to the announcement of CAPPS II, a Transportation Security Administration (TSA) spokesman emphasizes that that the system was designed "with privacy in mind", and contains personal information that is already available in commercial databases. The TSA spokesman further states that there will be no "warehousing of information".

Source: New York Times

Editorial: Beware of the watchdog

The fact that TSA officials won't describe what databases will be checked with CAPPS II, or how risk levels will be determined, is cause for concern. Congress must ensure that safeguards are in place so that TSA is held accountable.

Source: Federal Computer Week

Editorial: The New Airport Profiling

While the goal of identifying terrorist threats is worthy, CAPPS II is a highly intrusive federal surveillance program, which raises serious privacy and due process concerns. Not only could it lead to mistakes based on inaccurate information, but even worse, "the system could grow into a runaway vaccuum cleaner, sweeping up all manner of data that can then be misused by the government."

Congress should ensure that CAPPS II does not become an equivalent to TIA.

Source: New York Times (registration required)