Interesting People mailing list archives
Must Read TSA overreaction to Delta incident
From: Dave Farber <dave () farber net>
Date: Sat, 26 Dec 2009 14:49:27 -0500
Begin forwarded message:
From: Stewart Baker <stewart.baker () gmail com> Date: December 26, 2009 2:37:10 PM EST To: dave () farber net Subject: Re: [IP] re TSA overreaction to Delta incident
A different take (as posted on www.skatingonstilts.com): Al Qaeda Failed. What About Us? Ten Questions. Early reports about the failed Christmas bombing of NW 253 raise questions that need answers. Because, frankly, if the reports are true, al Qaeda never should have gotten this close to a successful attack. 1. According to early reports, the suspect is 23-year-old Abdul Farouk Abdulmutallab, and his name "appears to be included in the government's records of terrorist suspects, according to a preliminary review." The first question, then, is how he managed to get a visa to come to the United States. 2. One report suggested that the visa was granted to attend a religious meeting. Is there some political correctness problem that makes State reluctant to deny visas for such travel? 3. A visa might have been granted for a good reason (a chance to interrogate or arrest him) but only in circumstances where he was watched closely. At a minimum, data about him should have gone to DHS and FBI from State. Did it? 4. Even if it didn't, TSA and DHS should have identified him as a possible risk from his travel reservations. Did they? If not, why not? 5. If they did, was he screened specially at Schiphol? Did DHS put an air marshal on his flight? 6. Sometimes travel reservation data is spotty and badly recorded, but that shouldn't be true for the passenger manifests that NW should have sent to DHS. Those should come straight off the passport. Did it? Should airlines be held liable for deaths caused by bad manifest information? 7. How good was the air travel screening in Nigeria? 8. If it wasn't that good, and I suspect it wasn't, in part because the plane was not bound for the US, did Schiphol fall down on the job by not properly rescreening Abdulmutallab? 9. Have we let European objections to US screening standards affect the security of flights with connecting passengers? 10. One passenger is said to have helped thwart the attack by climbing over several less active passengers to grapple with the terrorist, apparently suffering burns to his hands in the process. How long will it take Secretary Napolitano (at least) or President Obama (my preference) to visit this guy in the hospital if these facts turn out to be true? Passengers are the last and most effective line of defense in cases like this. But the incentives to sit tight are still great. We need to honor the heroes who react quickly to thwart attacks in the air. Update: Many thanks to Instapundit, BigGovernment, and Volokh Conspiracy, among others, for the links. They've spurred some interesting comments, and one by hiscross about AQQ is important enough to generate an 11th question. AQQ is a program in which passport downloads collected by the airline are supposed to be sent to DHS *before* the plane takes off. Under AQQ, the airline is also supposed to be able to receive a return message from DHS requiring that suspect passengers be removed from the plane. (AQQ is also that most dreaded of government innovations, the recursive acronym, in which one acronym nestles comfortably inside another. Thus, AQQ stands for APIS Quick Query, which tells you nothing unless you know that APIS stands for Advance Passenger Information System. APIS was the earlier, slower, one-way version of AQQ.) DHS made the AQQ requirement final more than a year ago, after a long testing period. But a number of US carriers have been stiffing DHS, refusing to comply with the regulation because, they say, they can't afford to upgrade their computer systems. They say they're waiting to see what upgrades they'll have to make for the TSA Secure Flight program, but I find it astonishing that a private regulated industry would simply declare that it won't comply with US law. When you do that, you have to expect consequences -- or be very lucky. As a result of airline noncompliance, it is hard for DHS to keep bad guys off planes, even if the bad guys have been identified from their passports. If Delta/NW falls into the carrier-scofflaw category, and that failure contributed to the incident, they are are, and should be, in trouble. In addition, I'm guessing, DHS will immediately begin fining the other carriers who have been rope-a-doping them. So call it question 11: Was Delta/NW in compliance with US law when it boarded the Amsterdam flight? On 12/26/09, Dave Farber <dave () farber net> wrote:Begin forwarded message:From: Lauren Weinstein <lauren () vortex com> Date: December 26, 2009 2:20:44 PM EST To: Dave Farber <dave () farber net> Subject: Re: [IP] re TSA overreaction to Delta incidentDave, For what it's worth, I'm often quoted as the original author of the "chain naked passengers to their seats" line. I see I used it right here in IP over five years ago during another spasm of TSA security escalation: http://www.interesting-people.org/archives/interesting-people/200505/msg00278.html As for Wendy's seemingly reasonable idea about making more fire extinguishers available ... well, now, after all, fire extinguishers can also be used as *weapons* ... right? Can't take that risk, eh?Rumor is this guy may have been hiding his incendiary in his clothing.Better pray it wasn't in his underwear, given how TSA reacted to the "wannabe shoe bomber" case. Of couse, what TSA really wants to do is eventually force everyone into full body millimeter or "soft x-ray" scanners. Just a "little" more radiation. Nothing to worry about. --Lauren-- Lauren Weinstein lauren () vortex com Tel: +1 (818) 225-2800 http://www.pfir.org/lauren Co-Founder, PFIR - People For Internet Responsibility - http://www.pfir.org Co-Founder, NNSquad - Network Neutrality Squad - http://www.nnsquad.org Founder, GCTIP - Global Coalition for Transparent Internet Performance - http://www.gctip.org Founder, PRIVACY Forum - http://www.vortex.com Member, ACM Committee on Computers and Public Policy Lauren's Blog: http://lauren.vortex.com Twitter: https://twitter.com/laurenweinstein - - On 12/26 14:01, Dave Farber wrote:Begin forwarded message:From: "Wendy M. Grossman" <wendyg () pelicancrossing net> Date: December 26, 2009 1:49:46 PM EST To: dave () farber net Subject: Re: [IP] TSA overreaction to Delta incident(For IP if you like)Given that the biggest hazard posed by yesterday's attacker seems to have been the flames, wouldn't the most logical response be to makefire extinguishers more readily accessible throughout the cabin? wg Dave Farber wrote:Begin forwarded message:*From:* Kris Gabor <kgabor () aol com <mailto:kgabor () aol com>> *Date:* December 26, 2009 1:21:16 PM EST *To:* <mailto:dave () farber net>dave () farber net <mailto:dave () farber net> *Subject:* *TSA overreaction to Delta incident* Hi, Dave, For IP, if you think it's appropriate. If the following is true, this is another good example of kneejerk overreaction after a security incident. There used to be a rule that passengers boundfor DCA had to remain seated during the last 30 minutes of flight,but even that was scrapped after a few years. Good luck telling passengers they can't use their laptops or read a book for the last hour of a flight. As someone had suggested in the wake of 9/11, maybe the best thing would be to strip all the passengers naked and chain them into their seats for the entire flight.It's interesting how Air Canada has already posted this, but there is no official announcement of it yet from TSA. I wonder if afterthe initial kneejerk, pragmatism may yet win out. http://www.nytimes.com/2009/12/27/us/27plane.html"Although transportation officials had not announced new securitymeasures yet, Air Canada said the Transportation Security Agency would make significant changes to the way passengers are able tomove about on aircraft. During the final hour of flight, customers will have to remain seated, will not be allowed access to carry-onbaggage and cannot have personal belongings or other items on their laps, according to a notice <http://www.aircanada.com/en/news/trav_adv/091226.html> on Air Canada’s Web site.In effect, that means passengers on flights of about 90 minutes orless will not be able to get out of their seats, since they are not allowed to move about while an airplane is climbing to its cruising altitude. Air Canada also told its United States bound customers that theywould be limited to a single carry-on item and that they would besubjected to personal and baggage searches at security check points and in the gate area. It said this would result in significant delays, canceled flights and missed connections. Air Canada said it would waive the baggage fee for the first checked bag as a result of the new policy."Archives <https://www.listbox.com/member/archive/247/=now> <https://www.listbox.com/member/archive/rss/247/> [Powered by Listbox] <http://www.listbox.com>------------------------------------------- Archives: https://www.listbox.com/member/archive/247/=now RSS Feed: https://www.listbox.com/member/archive/rss/247/ Powered by Listbox: http://www.listbox.com------------------------------------------- Archives: https://www.listbox.com/member/archive/247/=now RSS Feed: https://www.listbox.com/member/archive/rss/247/ Powered by Listbox: http://www.listbox.com-- Stewart Baker o: 202-429-6402 c: 202-641-8670
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