Watch Lists

Terrorist watch lists including the No Fly list

The Burdens of Total Surveillance

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 1:33pm

Last week’s Washington Post report that the CIA had requested that Boston bomber Tamerlan Tsarnaev be placed on a terrorist watch list raises an interesting point about total surveillance societies: in addition to all their negative implications for citizens, they actually bring some disadvantages for the authorities as well.

It’s not clear what information the CIA’s request was based upon, but reportedly it came from Russian authorities. It is also possible that Tsarnaev’s communications were flagged by US agencies such as the NSA. Either way, it seems as though there’s a real possibility that Tamerlan’s name came to the attention of the authorities through some dragnet-style surveillance technique.

If so, the conundrum for the authorities is this:

TSA Once Again Considering Using Commercial Data To Profile Passengers

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:09am

The TSA has issued a “Market Research Announcement” in which the agency expresses a desire to expand its Pre-Check whitelist program by allowing private companies to carry out risk analysis of Americans that would determine whether they are “trusted” enough to participate in the trusted traveler program. This would be a major step toward turning the agency’s Pre-Check whitelist into the insidious kind of passenger profiling system that was proposed under the Bush Administration in the wake of 9/11, and a confirmation of our longstanding warnings that the logic of the risk-assessment approach to security will drive the government toward the use of more and more data on individuals. It would be the most significant of the new initiatives the TSA is looking at this year.

The TSA’s First 11 Years

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 12:21pm

November 25 marked the 10th anniversary of the signing of the Homeland Security Act, which created the sprawling Department of Homeland Security. Included in this new behemoth agency was another agency that had been created a year earlier, the Transportation Security Administration. It’s worth taking a look back at the short history of this agency.

The first and biggest conclusion we can reach is that the vast bulk of the increased security that we’ve obtained since 9/11 has been due to two factors: the securing of airplane cockpit doors, and the fact that no planeload of passengers in a hijacked aircraft will ever again sit back placidly and wait to land in Cuba or whatever. We’ve been saying this for years and it remains true. It’s hard to believe in light of all that has followed, but a few weeks after the 9/11 attacks, the ACLU issued a press release with the headline, “ACLU Applauds Sensible Scope of Bush Airport Security Plan.” What we were reacting to was a set of commonsense steps the administration had taken such as increased baggage screening and securing those cockpit doors.

Ninth Circuit Gives ACLU’s No Fly List Clients Their Day in Court

By Nusrat Choudhury, Staff Attorney, ACLU National Security Project at 11:15am

Last week, the Ninth Circuit Court of Appeals unanimously ruled that the ACLU’s lawsuit challenging the U.S. government’s secretive No Fly List should go forward. This decision is a true victory for our clients and all Americans.

More than two years ago, 15 U.S. citizens and permanent residents, including four military veterans, were denied boarding on planes. None of them know why this happened. And no government authority has ever given them an explanation or a fair chance to clear their names.

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