Entries Tagged "TSA"

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Court Limits on TSA Searches

This is good news:

A federal judge in June threw out seizure of three fake passports from a traveler, saying that TSA screeners violated his Fourth Amendment rights against unreasonable search and seizure. Congress authorizes TSA to search travelers for weapons and explosives; beyond that, the agency is overstepping its bounds, U.S. District Court Judge Algenon L. Marbley said.

“The extent of the search went beyond the permissible purpose of detecting weapons and explosives and was instead motivated by a desire to uncover contraband evidencing ordinary criminal wrongdoing,” Judge Marbley wrote.

In the second case, Steven Bierfeldt, treasurer for the Campaign for Liberty, a political organization launched from Ron Paul’s presidential run, was detained at the St. Louis airport because he was carrying $4,700 in a lock box from the sale of tickets, T-shirts, bumper stickers and campaign paraphernalia. TSA screeners quizzed him about the cash, his employment and the purpose of his trip to St. Louis, then summoned local police and threatened him with arrest because he responded to their questions with a question of his own: What were his rights and could TSA legally require him to answer?

[…]

Mr. Bierfeldt’s suit, filed in U.S. District Court in the District of Columbia, seeks to bar TSA from “conducting suspicion-less pre-flight searches of passengers or their belongings for items other than weapons or explosives.”

I wrote about this a couple of weeks ago:

…Obama should mandate that airport security be solely about terrorism, and not a general-purpose security checkpoint to catch everyone from pot smokers to deadbeat dads.

The Constitution provides us, both Americans and visitors to America, with strong protections against invasive police searches. Two exceptions come into play at airport security checkpoints. The first is “implied consent,” which means that you cannot refuse to be searched; your consent is implied when you purchased your ticket. And the second is “plain view,” which means that if the TSA officer happens to see something unrelated to airport security while screening you, he is allowed to act on that.

Both of these principles are well established and make sense, but it’s their combination that turns airport security checkpoints into police-state-like checkpoints.

The TSA should limit its searches to bombs and weapons and leave general policing to the police—where we know courts and the Constitution still apply.

Posted on July 8, 2009 at 6:42 AMView Comments

Fixing Airport Security

It’s been months since the Transportation Security Administration has had a permanent director. If, during the job interview (no, I didn’t get one), President Obama asked me how I’d fix airport security in one sentence, I would reply: “Get rid of the photo ID check, and return passenger screening to pre-9/11 levels.”

Okay, that’s a joke. While showing ID, taking your shoes off and throwing away your water bottles isn’t making us much safer, I don’t expect the Obama administration to roll back those security measures anytime soon. Airport security is more about CYA than anything else: defending against what the terrorists did last time.

But the administration can’t risk appearing as if it facilitated a terrorist attack, no matter how remote the possibility, so those annoyances are probably here to stay.

This would be my real answer: “Establish accountability and transparency for airport screening.” And if I had another sentence: “Airports are one of the places where Americans, and visitors to America, are most likely to interact with a law enforcement officer – and yet no one knows what rights travelers have or how to exercise those rights.”

Obama has repeatedly talked about increasing openness and transparency in government, and it’s time to bring transparency to the Transportation Security Administration (TSA).

Let’s start with the no-fly and watch lists. Right now, everything about them is secret: You can’t find out if you’re on one, or who put you there and why, and you can’t clear your name if you’re innocent. This Kafkaesque scenario is so un-American it’s embarrassing. Obama should make the no-fly list subject to judicial review.

Then, move on to the checkpoints themselves. What are our rights? What powers do the TSA officers have? If we’re asked “friendly” questions by behavioral detection officers, are we allowed not to answer? If we object to the rough handling of ourselves or our belongings, can the TSA official retaliate against us by putting us on a watch list? Obama should make the rules clear and explicit, and allow people to bring legal action against the TSA for violating those rules; otherwise, airport checkpoints will remain a Constitution-free zone in our country.

Next, Obama should refuse to use unfunded mandates to sneak expensive security measures past Congress. The Secure Flight program is the worst offender. Airlines are being forced to spend billions of dollars redesigning their reservations systems to accommodate the TSA’s demands to preapprove every passenger before he or she is allowed to board an airplane. These costs are borne by us, in the form of higher ticket prices, even though we never see them explicitly listed.

Maybe Secure Flight is a good use of our money; maybe it isn’t. But let’s have debates like that in the open, as part of the budget process, where it belongs.

And finally, Obama should mandate that airport security be solely about terrorism, and not a general-purpose security checkpoint to catch everyone from pot smokers to deadbeat dads.

The Constitution provides us, both Americans and visitors to America, with strong protections against invasive police searches. Two exceptions come into play at airport security checkpoints. The first is “implied consent,” which means that you cannot refuse to be searched; your consent is implied when you purchased your ticket. And the second is “plain view,” which means that if the TSA officer happens to see something unrelated to airport security while screening you, he is allowed to act on that.

Both of these principles are well established and make sense, but it’s their combination that turns airport security checkpoints into police-state-like checkpoints.

The TSA should limit its searches to bombs and weapons and leave general policing to the police – where we know courts and the Constitution still apply.

None of these changes will make airports any less safe, but they will go a long way to de-ratcheting the culture of fear, restoring the presumption of innocence and reassuring Americans, and the rest of the world, that – as Obama said in his inauguration speech – “we reject as false the choice between our safety and our ideals.”

This essay originally appeared, without hyperlinks, in the New York Daily News.

Posted on June 24, 2009 at 6:40 AMView Comments

Me on Full-Body Scanners in Airports

I’m very happy with this quote in a CNN.com story on “whole-body imaging” at airports:

Bruce Schneier, an internationally recognized security technologist, said whole-body imaging technology “works pretty well,” privacy rights aside. But he thinks the financial investment was a mistake. In a post-9/11 world, he said, he knows his position isn’t “politically tenable,” but he believes money would be better spent on intelligence-gathering and investigations.

“It’s stupid to spend money so terrorists can change plans,” he said by phone from Poland, where he was speaking at a conference. If terrorists are swayed from going through airports, they’ll just target other locations, such as a hotel in Mumbai, India, he said.

“We’d be much better off going after bad guys … and back to pre-9/11 levels of airport security,” he said. “There’s a huge ‘cover your ass’ factor in politics, but unfortunately, it doesn’t make us safer.”

I’ve written about “cover your ass” security in the past, but it’s nice to see it in the press.

Posted on May 20, 2009 at 2:34 PMView Comments

Perverse Security Incentives

An employee of Whole Foods in Ann Arbor, Michigan, was fired in 2007 for apprehending a shoplifter. More specifically, he was fired for touching a customer, even though that customer had a backpack filled with stolen groceries and was running away with them.

I regularly see security decisions that, like the Whole Foods incident, seem to make absolutely no sense. However, in every case, the decisions actually make perfect sense once you understand the underlying incentives driving the decision. All security decisions are trade-offs, but the motivations behind them are not always obvious: They’re often subjective, and driven by external incentives. And often security trade-offs are made for nonsecurity reasons.

Almost certainly, Whole Foods has a no-touching-the-customer policy because its attorneys recommended it. “No touching” is a security measure as well, but it’s security against customer lawsuits. The cost of these lawsuits would be much, much greater than the $346 worth of groceries stolen in this instance. Even applied to suspected shoplifters, the policy makes sense: The cost of a lawsuit resulting from tackling an innocent shopper by mistake would be far greater than the cost of letting actual shoplifters get away. As perverse it may seem, the result is completely reasonable given the corporate incentives—Whole Foods wrote a corporate policy that benefited itself.

At least, it works as long as the police and other factors keep society’s shoplifter population down to a reasonable level.

Incentives explain much that is perplexing about security trade-offs. Why does King County, Washington, require one form of ID to get a concealed-carry permit, but two forms of ID to pay for the permit by check? Making a mistake on a gun permit is an abstract problem, but a bad check actually costs some department money.

In the decades before 9/11, why did the airlines fight every security measure except the photo-ID check? Increased security annoys their customers, but the photo-ID check solved a security problem of a different kind: the resale of nonrefundable tickets. So the airlines were on board for that one.

And why does the TSA confiscate liquids at airport security, on the off chance that a terrorist will try to make a liquid explosive instead of using the more common solid ones? Because the officials in charge of the decision used CYA security measures to prevent specific, known tactics rather than broad, general ones.

The same misplaced incentives explain the ongoing problem of innocent prisoners spending years in places like Guantanamo and Abu Ghraib. The solution might seem obvious: Release the innocent ones, keep the guilty ones, and figure out whether the ones we aren’t sure about are innocent or guilty. But the incentives are more perverse than that. Who is going to sign the order releasing one of those prisoners? Which military officer is going to accept the risk, no matter how small, of being wrong?

I read almost five years ago that prisoners were being held by the United States far longer than they should, because ”no one wanted to be responsible for releasing the next Osama bin Laden.” That incentive to do nothing hasn’t changed. It might have even gotten stronger, as these innocents languish in prison.

In all these cases, the best way to change the trade-off is to change the incentives. Look at why the Whole Foods case works. Store employees don’t have to apprehend shoplifters, because society created a special organization specifically authorized to lay hands on people the grocery store points to as shoplifters: the police. If we want more rationality out of the TSA, there needs to be someone with a broader perspective willing to deal with general threats rather than specific targets or tactics.

For prisoners, society has created a special organization specifically entrusted with the role of judging the evidence against them and releasing them if appropriate: the judiciary. It’s only because the George W. Bush administration decided to remove the Guantanamo prisoners from the legal system that we are now stuck with these perverse incentives. Our country would be smart to move as many of these people through the court system as we can.

This essay originally appeared on Wired.com.

Posted on March 2, 2009 at 7:10 AMView Comments

Racial Profiling No Better than Random Screening

Not that this is any news, but there’s some new research to back it up:

The study was performed by William Press, who does bioinformatics research at the University of Texas, Austin, with a joint appointment at Los Alamos National Labs. His background in statistics is apparent in his ability to handle various mathematical formulae with aplomb, but he’s apparently used to explaining his work to biologists, since the descriptions that surround those formulae make the general outlines of the paper fairly accessible.

Press starts by examining what could be viewed as an idealized situation, at least from the screening perspective: a single perpetrator living under an authoritarian government that has perfect records on its citizens. Applying a profile to those records should allow the government to rank those citizens in order of risk, and it can screen them one-by-one until it identifies the actual perpetrator. Those circumstances lead to a pretty rapid screening process, and they can be generalized out to a situation where there are multiple likely perpetrators.

Things go rapidly sour for this system, however, as soon as you have an imperfect profile. In that case, which is more likely to reflect reality, there’s a finite chance that the screening process misses a likely security risk. Since it works its way through the list of individuals iteratively, it never goes back to rescreen someone that’s made it through the first pass. The impact of this flaw grows rapidly as the ability to accurately match the profile to the data available on an individual gets worse. Since we’ve already said that making a profile is challenging, and we know that even authoritarian governments don’t have perfect information on their citizens, this system is probably worse than random screening in the real world.

In the real world, of course, most of us aren’t going through security checks run by authoritarian governments. In Press’ phrasing, democracies resample with replacement, in that they don’t keep records of who goes through careful security screening at places like airports, so people get placed back on the list to go through the screening process again. One consequence of this is that, since screening resources are never infinite, we can only resample a small subset of the total population at any given moment.

Press then examines the effect of what he terms a strong profiling strategy, one in which a limited set of screening resources is deployed solely based the risk probabilities identified through profiling. It turns out that this also works poorly as the population size goes up. “The reason that this strong profiling strategy is inefficient,” Press writes, “is that, on average, it keeps retesting the same innocent individuals who happen to have large pj [risk profile match] values.”

According to Press, the solution is something that’s widely recognized by the statistics community: identify individuals for robust screening based on the square root of their risk value. That gives the profile some weight, but distributes the screening much more broadly through the population, and uses limited resources more effectively. It’s so widely used in mathematical circles that Press concludes his paper by writing, “It seems peculiar that the method is not better known.”

Other articles on the research here, here, and here. Me on profiling.

Posted on February 4, 2009 at 12:50 PMView Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.