Thursday, August 13, 2009

TSA's "Secure Flight" Notice is a Sham

A notice from TSA was brought to my attention this morning. I am surprised I had not seen this before today, as I am well-studied on the issue of having to show government-issued identification in order to board a domestic flight.

The "Secure Flight" program is supposed to keep people from being falsely denied boarding because they are on some government "watch list." Actually, the article that brought this notice to my attention contains some anecdotes about an affliction "suffered" by TSA agents that I will call watch-list-confusion-syndrome.

The TSA notice announces that:
"When fully implemented, Secure Flight will require all airlines to provide a passenger’s name as it appears on the government issued ID they plan to travel with, date of birth, gender, and redress number (if applicable)."
The "redress number" is a number that is issued by the TSA to a person after a hearing that clears someone whose information falsely identifies them as being on the watch list. It allows someone to fly when their information matches someone on the watch list.

The more important item here is that people are now "required" to provide their birth date to the airline when the flight is booked and that this birth date has to match the information on the government-issued identification with which the person boards the flight.

Of course, there is no statutory or regulatory requirement that anyone show any identification to the TSA when they fly. The "penalty" for failure to produce identification to the TSA is Secondary Security Screening. As far as I am concerned, it is far quicker to be shunted over to the first-class lane and suffer secondary screening than to wait in the snake with all of the conformists.

The TSA Notice infers that they have implemented regulations that require the airlines to collect this information. However, when you search the Code of Federal Regulations for the term "Secure Flight" all that comes up is:

For: ""secure flight""

Total Hits: 8

[1]
((LIST OF AVAILABLE CFRS ONLINE))
Size: 68881 , Score: 1000 , TEXT
[2]
[2008] 49CFR1507.3-- Sec. 1507.3 Exemptions.
Size: 37173 , Score: 1000 , TEXT , PDF , SUMMARY
[This is a privacy act exemption so that folks cannot get their records from the TSA]
[3]
[2008] 49CFR1507-- PART 1507_PRIVACY ACT-EXEMPTIONS--Table of Contents
Size: 37682 , Score: 998 , TEXT , PDF , SUMMARY
[This is a privacy act exemption so that folks cannot get their records from the TSA]
[4]
[2008] 49CFR1507-- PART 1507_PRIVACY ACT-EXEMPTIONS--Table of Contents
Size: 37682 , Score: 998 , TEXT , PDF , SUMMARY
[This is a privacy act exemption so that folks cannot get their records from the TSA]
[5]
[2009] 14CFR417 App E-- Sec. Appendix E to Part 417--Flight Termination System Testing and
Size: 218919 , Score: 121 , TEXT , PDF , SUMMARY
[This subpart contains public safety requirements that apply to destroying space flight launch vehicles]
[6]
[2009] 14CFR417-- Subpart E_Ground Safety
Size: 622625 , Score: 110 , TEXT , PDF , SUMMARY
[This subpart contains public safety requirements that apply to destroying space flight launch vehicles]
[7]
[2009] 14CFR417-- PART 417_LAUNCH SAFETY--Table of Contents
Size: 784194 , Score: 107 , TEXT , PDF , SUMMARY
[This subpart contains public safety requirements that apply to destroying space flight launch vehicles]
Nothing about government-issued identification, birth dates, or anything of the sort.
Apparently, the information is to be collected by the airlines and then sent to the TSA through some kind of electronic access, and then the flight can be booked. I would presume that if one is not on the watch list, or if someone's name not similar to any name on the watch list, that one can simply forego providing either government-issued identification or a birth date.

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