ACLU Calls for Shutdown of Aviation Watch List
Posted on October 8, 2006
Cross Posted from Revealing the ACLU: If you where a terrorists and you wanted to recreate the horrific events of 9/11 – what one thing would most advance you cause? That would probably be the shutdown of the very list that would keep you off of the plain in the first place.
That is exactly what the ACLU is trying to do.
From the ACLU press release:
The American Civil Liberties Union called today for the government to shut down its current, fatally flawed aviation watch lists and instead focus on known threats to aviation. The call came in response to a “60 Minutes” report on the matter scheduled to be aired on CBS this Sunday.
“Aggrieved citizens have been complaining about these problems for half a decade now, and the government still has not found a way to make these lists effective and fair,” said Barry Steinhardt, Director of the ACLU’s Technology and Liberty Project. “Enough is enough. Until the government can figure out a way to create a real list of genuine terrorists, they are hurting Americans instead of protecting them.”
I agree that the list is need of a serious review and overhaul, and I feel bad for the legitimate citizens who are on the list by mistake. However, shutting down such a list is a recipe for disaster. That list is critical to ensuring known dangerous people do not get on board a plane. So what if the list has dead people on it – they should not be inconvenienced if denied boarding a plane.
“60 Minutes” actually obtained a copy of the secret aviation watch list and was able to examine it. According to a CBS written report and excerpts from the upcoming “60 Minutes” broadcast, the list:
- includes numerous names of people who are dead, in prison, or are international dignitaries, such as the president of Bolivia;
- includes numerous common names such as “Robert Johnson;”
- contains 119,000 names (44,000 on the “no-fly” list and 75,000 on a “selectee” list of people who are given extra security); and
- has resulted in many ordinary, innocent individuals being pulled aside and interrogated, sometimes for hours, nearly every time they go to the airport.
First, how did 60 Minutes obtain a copy of this secret report, and why is our government allowing secret reports to be broadcast by news outlets without severe repercussions? That 60 Minutes would continue to news medias disregard for items of national security is of little surprise, but should be dealt with severely; especially before something truly critical to national security is released.
Secondly, lets assume the data provided by 60 Minutes above is 100% correct. When comparing the 119,000 names to the 740 Million domestic passengers who, per the Bureau of Transportation Statistics, travel each year, that comes out to less that 2 tenths of one percent or 0.016% per year. That is assuming all of the 119,000 attempt to fly, and are actually law abiding citizens.
More people miss their flights each year, and over 10 times as many people have lost baggage issues.
In the light of the minimal impact, and high gain of such a list, asking for its removal is unreasonable and dangerous. The convenience gained by that 0.02% of air passengers is far, far outweighed by the increased risk and danger to the entire system.
I support the need to overhaul the list, and improve it, but not by taking it offline while we work on the problem. There is too much at stake to allow the needs of the very few to endanger so many.
» Filed Under ACLU, News, War On Terror
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11 Responses to “ACLU Calls for Shutdown of Aviation Watch List”
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From the above post: “I agree that the list is need of a serious review and overhaul, and I feel bad for the legitimate citizens who are on the list by mistake.”
If we are speaking of citizens, then a court should review the reason each person is on the list according to the Fourth Amendment. The FICA Courts can be used since security is a concern. This same considerations can be extended to aliens.
If there is a way to allow people to challenge their name being on the list that does not compromise security, then they should be allowed to do so.
From what I know from a previous Stop the ACLU post, people on the list can talk to appropriate security personal in order to see if they can get their name off the list. This seems to be a reasonable request.
Davef, you should review some of your assumptions.
First, 740 million domestic passengers would be quite an achievement considering there are only about 600 million people in this country to begin with. Most people who fly do so several times a year which significantly reduces the number of people potentially affected.
Second, the article you quoted said the list contained numerous common names such as “Robert Johnson”. Since a simple web search reveals 136 instances of “Robert Johnson”, this list of 119,000 names would impact many more than the 0.016% you figure.
Third, you can add to this all of the people who are not on the list but are flagged anyway. Even the Department of Homeland Security admits that it’s matching system is not perfect. If you assume it is 99.9% accurate at matching names, then an additional 74,000 passengers a year that get flagged for no good reason.
And so the list should just be done away with completely?
When the burden these watch lists put on a free society becomes greater than the threat they are meant to prevent, then yes, they should be done away with. Statistics shouldn’t be distorted to obscure the extent of the problem.
Remember that the terrorists hijacked four aircraft on 9/11 but only three reached their target. Richard Reid was not on any watch list, and though he slipped through every security checkpoint he still failed to complete his objective. Americans learn quickly and regardless of what security measures we may take, they will not let terrorists hijack another aircraft.
While watch lists may make most of us feel safer, they are not very likely to stop any terrorists. A few dry runs could easily determine if they are on any watch list and if they are don’t you think they would just use an alias?
This…Most people who fly do so several times a year
addresses this…First, 740 million domestic passengers would be quite an achievement considering there are only about 600 million people in this country to begin with.
His 740 million figure is correct. Your 600 million figure is not.
The U.S. population is just over 296 million.
Second, the article you quoted said the list contained numerous common names such as “Robert Johnson”. Since a simple web search reveals 136 instances of “Robert Johnson”, this list of 119,000 names would impact many more than the 0.016% you figure.
Did those 136 instances of “Robert Johnson” all have the same date of birth, SS# and address?
When the burden these watch lists put on a free society becomes greater than the threat they are meant to prevent, then yes, they should be done away with.
You consider the inconvenience placed on you at the airport, to be a greater burden than the loss of life and destruction of 911?
Americans learn quickly and regardless of what security measures we may take, they will not let terrorists hijack another aircraft.
Americans turn apathetic quickly.
Maybe you would consider a compromise. The airlines would set aside aircraft for people who feel as you do.
No checked hold baggage, no checked carry-on. No watchlist, wands, x-rays or questions. Just sign a waiver that you will not sue the airline when your plane is HJ’ed and you will not sue the government when they shoot you down.
Everyone is happy.
If it were really just a “watch list”, I wouldn’t have any problem with it.
The problem is that a person on the list is denied access to a critical portion of our transportation infrastucture. This is further complicated by the fact that there is little, if any, due process involved.
Why not just book a handful of air marshalls on the flight if a match comes up? That would shift the burden from presumably innocent citizens to the LEOs. This how the rest of law enforcement has to operate in this country. It would give them excellent motivation to keep the list at its optimal length.
“That is assuming all of the 119,000 attempt to fly, and are actually law abiding citizens.”
You’re also assuming that each name is only one person.
But i’m curious to know who these people are that can’t fly but yet aren’t arrested.
This is further complicated by the fact that there is little, if any, due process involved.
The government can’t have it both ways Jeff.
If they have determined that driving (freedom of movement) is a “privilege” and not a “right”,
How do they then conclude that flying (freedom of movement) is a “right” and not a “privilege?”
Agreed.
Excellent question.
A driver’s license is analagous to a pilot’s license. A plane passenger is analgous to a taxi/bus passenger.
Customs and border enforcement stops people at the border. Show me that stopping people from flying is any different as they can be considered property according to the Forth Amendment. Your mode of travel is irrelevant.
There are limits to their powers, but regardless, this only relevant to international flights. The “watch list” bars people from domestic flights as well.