Jan 30th, 2009
Posted by Suzanne Ito, ACLU at 3:16pm	Keep America Safe & Free, Technology and Liberty

Super Bowl Sunday: Foam Fingers, Terrible Towels and Surveillance

Got tickets for the big game? While you're watching the game, people will be watching you. USA Today reports:

Authorities at Super Bowl XLIII will be looking for more than just drunken fans. They'll be watching spectators' body language, facial expressions and demeanor to find suspicious people.

For the first time Sunday, federal behavior-detection officers will team with local police to use a controversial technique on people heading to a major event, the Transportation Security Administration (TSA) says. The officers usually work in airports.

Sunday might not be a good day to fly, incidentally — airport security could be a little short-staffed with all those TSA officers at the game. Here's what we think (from the article):

The American Civil Liberties Union says that the technique is unproven and that its use at a stadium sets an alarming precedent for police inquiries.

"Police shouldn't be stopping and questioning people unless they have some credible reason to suspect them. Behavior detection is just too vague," ACLU analyst Barry Steinhardt said.

The article notes that TSA officers will use the time-tested, obvious signs of badness such as "nervousness or other behavioral flags, such as sweating, avoiding eye contact or talking evasively." (I'm just glad my boyfriend isn't going to the game, because he does all of these things on a regular basis.)

We think that TSA should stay in the airports and let stadium security and local police do their job and monitor the crowd as they always have. Real life is not like a spy thriller where operatives with amazing intuitions are always able to magically pick out the people with something to hide. This is likely to slide into a thinly veiled version of racial profiling.

Besides, in today’s airports and other high-profile environments, who isn't a little crazed and stressed out? 

Permalink |	Keep America Safe & Free, Technology and Liberty

1. Anonymous Says:
   Jan 31st, 2009 at 12:00am

   I think it will be interesting to see if the ACLU will "put their money where there mouth is in the controversy concerning the refusal of NBC to air the pro-life announcement "Imagine the Potential" which CatholicVote.com was wanting to buy time for during the Super Bowl. NBC responded that they did not air spots for advocacy groups or political in nature. Point one doesn't hold water as they were willing to air a spot for PETA (a very vocal advocacy group), and have accepted a spot for Pedigree dog food during which adoption for dogs is broached (clear advocacy action). Point two is also invalid because the ad is apolitical in nature. If anything, it could be considered a congratulatory message for President Obama. At any rate, I consider it a very blatant case of discirmination and abridgement of the First Amendment of the Constitution by a member of the ultra-liberal mainstream media. How about it ACLU? Will you do anything about obvious oppression of free speech, if not free thought (even if it does involve a religious group)? I will be watching with great interest.

   Sincerly,

   Jeff Ducummon
   American citizen and Pro-Life advocate

2. Vic Livingston Says:
   Feb 1st, 2009 at 11:48pm

   OPERATIVES OF THE BUSH-CHENEY EXTRAJUDICIAL PUNISHMENT NETWORK REMAIN AT THE HELM OF THE SHADOW GOVERNMENT...

   RUNNING THEIR COVERT COORDINATED "MULTI-AGENCY ACTION PROGRAMS"...

   ...A CLEAR AND PRESENT DANGER TO DEMOCRACY -- AND TO THE OBAMA PRESIDENCY.

   * And why is no one raising the radiation weapons issue with the "Man from Raytheon," the Deputy SecDef designate? These weapons are WMD and should be BANNED.

   The Bush-Cheney "multi-agency action" extrajudicial vigilante network and its related unconstitutional array of coordinated "programs of personal destruction" remain in place.

   President Obama may not even be aware of some of the deeply entrenched "ops" that threaten his presidency...

   ... The "multi-agency action" nationwide army of citizen vigilantes hiding behind federally-funded volunteer organizations;

   ... the deployment of silent, injury- and illness-inducing radiation weaponry to police departments nationwide under the aegis of DOJ;

   ... and a host of coordinated, unconstitutional "Multi-Agency Action" programs -- ranging from pervasive spying to a parallel system of transaction processing that amounts to fascistic theft by deception -- must be taken down.

   Immediately. Before more damage is done.

   Before another "generated crisis" claims the renewed American spirit and again plunges the nation into despair and submission to "the dark side."

   The agencies of government that are covertly commandeering this devolution of American democracy -- via their draconian coordinated "Multi-Agency Action" programs -- must be reined in and reformed, top to bottom, never again to subvert the rule of law.

   http://my.nowpublic.com/world/gestapo-usa-govt-funded-vigi lante-network-targets-terrorizes-u-s-citizens

   http://my.nowpubl ic.com/world/domestic-torture-radiation-weaponry-americas-horrific-sha me

   OR http://My.NowPublic.com/scrivener

3. Angie Says:
   Feb 2nd, 2009 at 12:47pm

   That is so appalling. It's a witch hunt. The are way too many possible false positives. How many Americans are depressed or anxious, mentally ill (diagnosed as well as undiagnosed), mentally challenged, have physical disabilities or illnesses, popping prozac, or have issues that might make their behavior turn up as a potential red flag? Even excessive coffee drinking can make a person more nervous, talkative or even sweaty. How many of us are addicted to our daily dose of Starbucks?

   Americans are overworked, overstressed, overwieght, over-medicated and many have no health insurance to treat their minor medical issues. There are many things that could cause a person to "look suspicious", if you are going to narrow your criteria to include such minor, insignificant behaviors. How about me flipping off the jumbotron? Is that suspicious and can I be criminalized because I have used my freedom of speech to express myself? People get exitable over the game and rooting for their team, anyway. How are these people going to tell the difference between the average sports fan and suspicious behavior?

   I'm not a criminal, but I have asthma and severe allergies. One of the side effects of my asthma medication is nervousness. Albuteral is a stimulant and a steroid, and I've taken it since the first grade. Sometimes, even though I am relatively fit, I get winded and short of breath. Also, I have sinus problems, so sometimes my breathing is labored or my face gets red. I don't have to take allergy medications all year long, but I don't want to be profiled as a criminal simply because I have respiratory problems, I drink too much coffee and I tend to be on the anxious side anyway. I'm really shy, so my anxiety levels have a hair trigger. I'm in therapy for it, but I'm not some sort of derelect who deserves to be randomly targeted in a crowd.

4. Johnny Says:
   Feb 2nd, 2009 at 6:44pm

   Jeff Ducummon, you must not be aware of the times when the ACLU has defended all sorts of religious folks, even the "God Hates F@gs" crew.

   Not not selling airtime does not strike me as a violation of free speech. If I denied these folks the right to paint their message on my house, would that be denying their free speech? NBC's policies (if true) are certainly bad. But they do not constitute a first amendment violation. Under the same reasoning, NBC would be violating my free speech if they refused to air an ad I had calling for people to hack into the website of the "God Hates F@gs" group and delete everything. It's their airspace to sell to who they want to.

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