Airline Screening Program Violated Federal Law During Testing Phase

Technorati Tags: civil liberties, government surveillance, terrorism watchlists, airline screening

The government's program to screen airline passengers against lists of people the government claims are known terrorists is being scrapped for now, because the program violated federal law during a pre-implementation stage:

Secure Flight, the U.S. government's stalled program to screen domestic air passengers against terrorism watch lists, violated federal law during a crucial test phase, according to a report to be issued today by the Homeland Security Department's privacy office.

The agency found that by gathering passenger data from commercial brokers in 2004 without notifying the passengers, the program violated a 1974 Privacy Act requirement that the public be made aware of any changes in a federal program that affects the privacy of U.S. citizens. "As ultimately implemented, the commercial data test conducted in connection with the Secure Flight program testing did not match [the Transportation Security Administration's] public announcements," the report states.

The finding marks the first time that the Homeland Security Department has acknowledged that the problem-plagued Secure Flight program has violated the law. It comes at a time when a separate program to screen international passengers is under attack for officials' failure to disclose until recently that they were creating passenger profiles that would be stored for 40 years.

The report on Secure Flight says that "the disparity between what TSA proposed to do and what it actually did in the testing program resulted in significant privacy concerns being raised. . . . Privacy missteps such as these undercut an agency's effort to implement a program effectively, even one that promises to improve security."

Congress has halted Secure Flight, except for testing, until it can allay privacy and security concerns.

And in case you were wondering, the reason I wrote "lists of people the government claims are known terrorists," here is why:

The National Counterterrorism Center maintains a central repository of 325,000 names of international terrorism suspects or people who allegedly aid them, a number that has more than quadrupled since the fall of 2003, according to counterterrorism officials.

The list kept by the National Counterterrorism Center (NCTC) -- created in 2004 to be the primary U.S. terrorism intelligence agency -- contains a far greater number of international terrorism suspects and associated names in a single government database than has previously been disclosed. Because the same person may appear under different spellings or aliases, the true number of people is estimated to be more than 200,000, according to NCTC officials.

U.S. citizens make up "only a very, very small fraction" of that number, said an administration official, who spoke on the condition of anonymity because of his agency's policies. "The vast majority are non-U.S. persons and do not live in the U.S.," he added. An NCTC official refused to say how many on the list -- put together from reports supplied by the CIA, the FBI, the National Security Agency (NSA) and other agencies -- are U.S. citizens.

The NSA is a key provider of information for the NCTC database, although officials refused to say how many names on the list are linked to the agency's controversial domestic eavesdropping effort. Under the program, the NSA has conducted wiretaps on an unknown number of U.S. citizens without warrants.

The government has been trying to streamline what counterterrorism officials say are more than 26 terrorism-related databases compiled by agencies throughout the intelligence and law enforcement communities. Names from the NCTC list are provided to the FBI's Terrorist Screening Center (TSC), which in turn provides names for watch lists maintained by the Transportation Security Administration and other agencies.