Some thoughts on the TSA

I would like to thank @mubix for calling me out on this.

As the latest wave of “new and improved” airport security has fallen upon us I’ve been rather vocal in my disapproval of the new millimeter & backscatter x-rays and “enhanced pat downs.” It’s time I offer a solution along with my criticism.

Like many, I’m not fond of the idea of being legally required to submit to an unknown amount of radiation that the public has not clearly been informed of how it may affect their health. I’m used to wearing a lead shield for dental and other x-rays because radiation is dangerous. I’m also aware as a daily habit we’re exposed to a fair amount of radiation from the sun and our current environment that may or not be more than the Advance Imaging Technology (AIT) being used. From what I’ve seen, the news articles I’ve come across and retweeted seem to be a lot of FUD, maybe true maybe not. The public, myself included, are not entirely sure of the measureable effect of the AIT x-rays, much less their long-term effects. This needs to be clear in order to gather public acceptance or to demonstrate why they should be not be required or used at all.

According to the TSA, http://www.tsa.gov/approach/tech/ait/safety.shtm, they have a happy little diagram that likens these to the radiation from cell phones and airplanes. I’m ok with this, these are things most people can relate to…assuming it’s all accurate and true. Unfortunately, we really don’t know the long-term effects of only having this radiation absorbed by the skin vs our entire mass, as with a traditional x-ray. More than likely we won’t find out for several years until someone can definitively correlate the data. Which might prove nothing or might be too late for frequent travelers to repair the damage.

Safety aside there’s the whole privacy issue, there have been conflicting reports as to whether the images are stored, and if so where and how long they are stored for.

http://www.tsa.gov/approach/tech/ait/faqs.shtm

“Q. What has TSA done to protect my privacy?
A. TSA has implemented strict measures to protect passenger privacy, which is ensured through the anonymity of the image. A remotely located officer views the image and does not see the passenger, and the officer assisting the passenger cannot view the image. The image cannot be stored, transmitted or printed, and is deleted immediately once viewed. Additionally, there is a privacy algorithm applied to blur the image. “

VS.

http://news.cnet.com/8301-31921_3-20012583-281.html

“TSA spokeswoman Sari Koshetz told CNET on Wednesday that the agency’s scanners are delivered to airports with the image recording functions turned off. “We’re not recording them,” she said. “I’m reiterating that to the public. We are not ever activating those capabilities at the airport.”

The TSA maintains that body scanning is perfectly constitutional: “The program is designed to respect individual sensibilities regarding privacy, modesty and personal autonomy to the maximum extent possible, while still performing its crucial function of protecting all members of the public from potentially catastrophic events.”

The fact is the images already have been saved “against the rules”:

http://www.cbsnews.com/8301-504083_162-20012785-504083.html

Feds Store Body Scans; US Marshals Saved 35,000 Images from Just One Courthouse

Regardless of the rules and guidelines, the mere fact that the images are in fact transmitted to a remote location for viewing means they could be intercepted, stored and redistributed by someone with sufficient access to the system. The modesty comment is complete bullshit, the sample images I’ve seen thus far give far more detail of the human physic than is seen in most rated R movies. This is also nothing new.

http://birdofparadox.wordpress.com/2009/04/28/say-cheese/

Features the naked image of Susan Hallowell, TSA Security Laboratory Director who with clothes looks like your average person…without her clothes you see every aging women’s insecurities.

http://www.wendmag.com/blog/2009/04/09/naked-images-instead-of-pat-downs-at-airports-its-happening/

I applaud her for doing this, but her image all over the Internet is exactly why I don’t want to ever be scanned at such detail. I make exception only for a scan done in the privacy of my doctor’s office for some medical related necessity.

But that’s OK, we don’t have to submit to them…yet:

http://www.tsa.gov/approach/tech/ait/faqs.shtm

Q. Is imaging technology optional?
A. Yes, imaging technology screening is optional for all passengers. Passengers who do not wish to receive imagining technology screening will receive alternative screening, including a physical pat-down.

I can instead opt to be insert word of choice here [patted down, groped, felt up, violated] by a gloved TSA agent…do they change gloves in between passengers?

According to the reported scabies cases in Boston’s Logan airport, that’s questionable.

http://blog.tsa.gov/2009/04/two-scabies-cases-reported-at-boston.html

http://www.flyertalk.com/forum/travelbuzz/298133-how-politely-ask-tsa-change-gloves-after-searching-other-peoples-shoes.html

This post is several years old and this person was afraid to ask but it confirms the agent did not, making it appear that glove changing is not an automatic practice. I have been unable to find any policy guidelines regarding the required frequency of glove changing only that it may be requested, but appears not to happen otherwise…this is rather disgusting.

http://www.tsa.gov/travelers/airtravel/specialneeds/editorial_1567.shtm

“You have the right to ask a Security Officer to change her/his gloves during the physical inspection of your accessible property, before performing a physical search (pat-down,) or any time a Security Officer handles your footwear.”

Additional commentary on gloves:

http://voices.washingtonpost.com/federal-eye/2010/11/training_for_transportation_sc.html

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389×9594099

http://www.ar15.com/forums/topic.html?b=1&f=5&t=1114967

Like most crimes, many go unreported. For every horrible story of former rape victims being forced to submit to similar violations, and people with various medical issues being treated without understanding or sensitivity, there are more we don’t hear about. Regardless of a permanent solution it’s quite clear that training is badly needed NOW in the interim until we can find an appropriate balance.

http://www.youtube.com/watch?v=CvNNks_m5bE

TSA, Absolutely Out of Control, forces disabled 4YO to remove braces, walk through magnetometer

http://www.tsa.gov/travelers/airtravel/specialneeds/editorial_1567.shtm

“You should be allowed to remain in your wheelchair if you indicate that you are unable to stand and/or walk through the metal detector.”

I would argue a child in leg braces should be given similar rights/exception and understanding to someone bound to a wheel chair.

http://www.wbtv.com/Global/story.asp?S=13534628

Cancer surviving flight attendant forced to remove prosthetic breast during pat-down

http://www.tsa.gov/travelers/airtravel/specialneeds/editorial_1567.shtm

“You should be offered a disposable paper drape for additional privacy before the beginning of a pat-down.”

“You may request a private area for your personal search at any time during the screening process.”

“If you have a disability, condition, or implant, that you would like to remain private and confidential, ask the Security Officer to please be discreet when assisting you through the screening process.”

“Any medication and/or associated supplies that cannot be cleared visually must be submitted for X-ray screening. If you refuse, you will not be permitted to carry your medications and related supplies into the sterile area.”

Following the applicable TSA guidelines above, the victim, Cathy, was searched in a private room, although was not actually given the choice. Being required to submit her prosthesis for inspection is within TSA guidelines, but not being informed of her rights to request the agent do so with discretion probably didn’t help. Not knowing one’s rights is usually considered the fault of the individual, however, I think it’s time to use more understanding here, especially with our “rights” changing so frequently. To most people “private and confidential” likely includes sharing information only with doctors, lawyers friends and family and only by choice. When did the TSA get included in this? How are they required to follow HIPAA or the commonly accepted practitioner patient confidentiality practices? This needs to be better addressed.

Even worse:

TSA pat-down leaves traveler covered in urine

‘I was absolutely humiliated,’ said bladder cancer survivor

http://www.msnbc.msn.com/id/40291856/ns/travel-news/?ocid=twitter

The retired teacher, Tom, had to insist on private screening and was told there was no specific private screening room setup, however, was led to an office in compromise. He tried to inform them of his medical condition and they didn’t want to hear it, as a result his urostomy bag was mishandled resulting in it spilling urine all over him. The fact they’d caused him to be wet with his own urine was rudely ignored without apology. Again with proper training and say actual medical personnel, such incidents could be avoided and much less traumatic. With the excessively giant budget of our tax dollars appropriated to the “Theatrical Security Agents” would it really be that hard to employ a nurse practitioner or someone with an actual bedside manner also trained in security/law enforcement to address the more sensitive screenings?

The fact that informing the public in detail about how the screening process runs can allow attackers a better way to plan around it is a legitimate problem.

Unfortunately, so is arresting good citizens for domestic terrorism simply because they don’t wish to comply with rules they aren’t permitted to fully understand, that are administered by improperly trained agents, who were questionably screened during their initial hiring process.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=dcab05c6f4d43ec85758a98a07f1f128&rgn=div8&view=text&node=49:9.1.3.5.11.3.10.5&idno=49

e-CFR Data is current as of November 18, 2010
Title 49: Transportation
PART 1542—AIRPORT SECURITY
Subpart C—Operations
§ 1542.209 Fingerprint-based criminal history records checks (CHRC).

“(d) Disqualifying criminal offenses. An individual has a disqualifying criminal offense if the individual has been convicted, or found not guilty of by reason of insanity, of any of the disqualifying crimes listed in this paragraph (d) in any jurisdiction during the 10 years before the date of the individual’s application for unescorted access authority, or while the individual has unescorted access authority.”

I’m sorry, but being guilty of any of those listed crimes, ever, should disqualify someone permanently from ever being a TSO. Especially “(13) Murder. , (19) Rape or aggravated sexual abuse. (26) Felony involving— (iii) Burglary; (iv) Theft; ”

Nothing like having someone permanently registered as a sex offender examining your children or frankly anyone…it’s NOT ok that it was over 10 years ago. This is an unacceptable loophole that must be changed.

Security and usability is always a delicate balance, but this is not a 90 day password change being annoying, that results in getting fired for putting it on a Post-it note under your keyboard. This is affecting the very core of what most Americans have come to love about this country and why so many people want to come here, legally or not.

What is there left to protect if we’ve already lost it? The terrorists don’t need to do anything else to us, they can sit back and watch us do it to ourselves.

http://twitter.com/arwyn/statuses/6075380230258688

“TSA is the DRM of travel. They inconvenience all non-terrorists (paying customers) and seem ineffective at stopping terrorists (pirates).”

@arwyn Ed Wynne RT by @ryanlrussell

Wikipedia is by no means a academic source, but it is a useful quick reference:

http://en.wikipedia.org/wiki/List_of_aircraft_hijackings

As we are well familiar with security, if a targeted attacker wants you and you alone, they will probably succeed eventually. You can prepare for that as TSA has done and make everyone unhappy, or you can not be a low hanging fruit and hope that by not pissing off the attacker and creating their adversary they will move on to an easier target. Don’t prepare for remote possibility x, but instead prepare fore the general attacks you are likely to see.

There needs to be a better balance. My intermediary solution is to stop with the drastic changes and take more of a parallel implementation approach…this has sort of been done, but not slow enough. Training needs to be a lot better both for the TSA agents performing the screening, and education for the public. A cut off has to be made somewhere, but a traveler who books a trip under one set of rules and then is subjected to another is going to be unprepared and understandably upset and agitated. Not to mention the new pat downs and x-rays are pointless security theater if the agent screening the bags isn’t paying attention and weapons get through in a carry on…yes this STILL happens. Ease the fear by setting appropriate expectations, as right now most of our expectations come from the worst incidents that have made the media.

Given what we’ve learned in the last 9 years I’d be interested to take a more capitalist approach to security. Let the airlines employ the private agency of their choice and implement the security precautions of their choice. In turn let the people vote with their dollars which airlines to fly. The government can still have their watch list but it would be up to the airlines to investigate how legitimate the claim is and whether they want to accept that person on one of their flights. Also let’s have some kind of judicial process for getting off the list rather than a voicemail box that’s full.

http://twitter.com/moxie__/status/5181779510034432

http://www.theregister.co.uk/2010/11/19/dhs_detains_hacker/

If any major incident does happen, fine the airline some predetermined amount based on casualties and cleanup costs. The people will choose which airline they feel safest at which will in turn dictate what security practices are acceptable. Some airlines will be better than others, but at least there is a choice. We already do this with where we choose to live, the areas with better police presence and lower crime are more desirable for real estate purchases. They’re more likely to have tax dollars appropriated towards positive community activities and resources. The areas that aren’t as safe might be cheaper but don’t have the same benefits. Regardless people are able to vote with their dollar where they want to live…unfortunately it also boils down to where they can afford to live too. It’s something to think about.

Otherwise what will air travel come to? Pick your favorite paranoid sci-fi story or movie where everyone is on government-mandated drugs and we all wear the same clothing. It would make screening much easier if we were all drugged into submission and all wore spandex or hospital scrubs. It might even make long plane rights more comfortable, unconscious and in pajamas…

“Work hard, increase production, prevent accidents and be happy.”

http://www.benjaminharlow.com/alloftheabove/archives/827

And for anyone that hasn’t read it recently,

Fourth Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

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