Interesting People mailing list archives
US 'licence to snoop' on British air travellers
From: David Farber <dave () farber net>
Date: Mon, 1 Jan 2007 05:53:45 -0500
Begin forwarded message: From: Richard Forno <rforno () infowarrior org> Date: December 31, 2006 8:49:51 PM EST To: Dave Farber <dave () farber net> Subject: US 'licence to snoop' on British air travellers US 'licence to snoop' on British air travellers By David Millward, Transport Correspondent Last Updated: 1:35am GMT 01/01/2007http://www.telegraph.co.uk/news/ main.jhtml;jsessionid=VL4HVZGOUZETRQFIQMFCFF
OAVCBQYIV0?xml=/news/2007/01/01/nusnoop01.xmlBritons flying to America could have their credit card and email accounts
inspected by the United States authorities following a deal struck by Brussels and Washington. By using a credit card to book a flight, passengers face having othertransactions on the card inspected by the American authorities. Providing an email address to an airline could also lead to scrutiny of other messages
sent or received on that account.The extent of the demands were disclosed in "undertakings" given by the US Department of Homeland Security to the European Union and published by the
Department for Transport after a Freedom of Information request. About four million Britons travel to America each year and the released document shows that the US has demanded access to far more data than previously realised.Not only will such material be available when combating terrorism but the Americans have asserted the right to the same information when dealing with
other serious crimes.Shami Chakrabarti, the director of the human rights group Liberty, expressed horror at the extent of the information made available. "It is a complete handover of the rights of people travelling to the United States," she said.
As the Americans tightened security after the September 11 attacks, theydemanded that airlines provide comprehensive information about passengers
before allowing them to land. But this triggered a dispute that came to a head last year in a Catch 22situation. On one hand they were told they must provide the information, on
the other they were threatened with heavy fines by EU governments for breaching European data protection legislation. In October, Brussels agreed to sweep away the "bureaucratic hurdles"preventing airlines handing over this material after European carriers were threatened with exclusion from the US. The newly-released document sets out
the rules underpinning that deal.As a result the Americans are entitled to 34 separate pieces of Passenger
Name Record (PNR) data — all of which must be provided by airlines from their computers.Much of it is routine but some elements will prove more contentious, such as
a passenger's email address, whether they have a previous history of not turning up for flights and any religious dietary requirements. While insisting that "additional information" would only be sought fromlawful channels, the US made clear that it would use PNR data as a trigger
for further inquiries.Anyone seeking such material would normally have to apply for a court order
or subpoena, although this would depend on what information was wanted. Doubts were raised last night about the effectiveness of the safeguards. "There is no guarantee that a bank or internet provider would tell an individual that material about them was being subpoenaed," an American lawyer said. "Then there are problems, such as where the case would take place and whether an individual has time to hire a lawyer, even if they wanted to challenge it." Initially, such material could be inspected for seven days but a reducednumber of US officials could view it for three and a half years. Should any record be inspected during this period, the file could remain open for eight
years. Material compiled by the border authorities can be shared with domesticagencies. It can also be on a "case by case" basis with foreign governments.
Washington promised to "encourage" US airlines to make similar information
available to EU governments — rather than compel them to do so."It is pretty horrendous, particularly when you couple it with our one-sided
extradition arrangements with the US," said Miss Chakrabarti. "It is making the act of buying a ticket a gateway to a host of personalemail and financial information. While there are safeguards, it appears you
would have to go to a US court to assert your rights."Chris Grayling, the shadow transport secretary, said: "Our government and the EU have handed over very substantial powers to gain access to private
information belonging to British citizens." A Department for Transport spokesman said: "Every airline is obliged to conform with these rules if they wish to continue flying As part of theterms of carriage, it is made clear to passengers what these requirements
are.The US government has given undertakings on how this data will be used and
who will see it." ------------------------------------------- <HR> You are subscribed as lists-ip () insecure org<BR>To manage your subscription, go to<BR> <A HREF="http://v2.listbox.com/member/?listname=ip">http://v2.listbox.com/member/?listname=ip</A><P>Archives at: <A HREF="http://www.interesting-people.org/archives/intere Archives: [LIST_ARCHIVES_URL] Modify Your Subscription: http://v2.listbox.com/member/?member_id=1788750&user_secret=f2ab41d2 Unsubscribe: http://v2.listbox.com/unsubscribe/?id=1788750-f2ab41d2-495bv1kd Powered by Listbox: http://www.listbox.com
Current thread:
- US 'licence to snoop' on British air travellers David Farber (Jan 01)