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The System That Doesn't Safeguard Travel The government's error-prone database of possible terrorists now has 13 million travelers' names, and once you're in, just try getting out
"As a public official, I appreciate and commend those trying to protect our nation against terrorist attacks," the letter from a municipal employee of Bothell, Wash., begins. "I also have concerns, specifically regarding the treatment of those who have been identified as potential risks. It has become apparent, over the course of my last few trips, that I am one of those individuals."
Put yourself in the shoes of this man, who wrote to his local congressman, Representative Jay Inslee (D-Wash.), last year. The man's listing as a possible security threat is a mistake. Yet every time he flies, he has to arrive at the airport three-and-a-half hours early to ensure enough time for the inevitable thorough search of his baggage.
And he's not only the only one who encounters trouble. On a recent trip, his co-workers, who were booked under the same reservation number, were refused boarding passes until he passed security. "I have now become known to staff as the person not to travel with," he wrote. "I am asking your help because all other attempts to clear my name have been futile."
INNOCENT AND TRAPPED. The letter is among a raft of documents offering new proof that government efforts to build an electronic tracking system of suspicious travelers simply aren't working. The documents, obtained by Washington (D.C.) privacy-advocacy group Electronic Privacy Information Center (EPIC) under the Freedom of Information Act, recount case after case of innocent travelers who are on the terrorist watch lists, yet have no way to remove themselves.
Since September 11, various federal agencies, including the State Dept., Customs Service, and FBI, have created lists of suspicious travelers, Americans and foreigners. All told, some 13 million people (equivalent to 4.5% of the U.S. population) are now on the terror watch list. Security experts and common sense say 99% of those pinpointed aren't terrorists.
The Transportation Safety Administration (TSA) says errors like these are the reason that it needs to build a better, more complete database of information to track and flag suspicious behavior (see BW Online, 3/27/03, "Putting the Blinders Back on Big Brother"). Security and privacy experts, however, warn that no software exists to do the job better. A look at the most sophisticated and successful systems used to detect credit-card fraud supports their case.
EASY TO SPOT. Antifraud software works because a large number of legal credit-card transactions and a large number of unlawful transactions occur each year, says Peter Swire, a professor of law at Ohio State University and the former privacy counselor during the Clinton Administration. According to consumer-payments newsletter The Nilson Report, 21.1 billion credit-card transactions took place in 2001. With all that data, a change in patterns is easy to spot. If John Doe usually spends $1,000 a month on groceries, clothing, and airline tickets, and then suddenly buys two new cars, the system is going to flag it.
Antifraud software also works well because most credit-card thieves act the same way: They find or steal a card, and immediately use it at a convenience store or a gas station. If it works, it's off to the jewelry store.
That's not the case with terrorists. Since September 11, only a few terrorist attacks around the globe have occurred that might help authorities build a profile. Compare that to more than 30 billion credit-card transactions over the same period in the U.S. alone.
"FINGERING INNOCENTS." Terrorists also rely on the element of surprise. Those who bombed the World Trade Center in 1993 parked a van full of explosives in the underground parking lot. The September 11 hijackers used box cutters and trained pilots to turn four jet planes into missiles. Richard Reid tried to blow up a passenger jet by packing explosives in his shoe.
"Antifraud software is designed to help [credit-card companies] cut their losses.... It's not designed to jump-start an investigation or curtail any criminal activity," says Frank Abagnale, a leading authority on forgery and embezzlement and the inspiration for the Steven Spielberg blockbuster Catch Me If You Can.
Moreover, while you might not mind the occasional call from your credit-card company, you would mind getting on the government's terrorist watch list. "The problem with even the best-designed system is that you end up fingering thousands of innocents without ever finding the guilty person," says Bruce Schneier, a security expert who has written frequently about the trade-offs between liberty and security.
THE WRONG GUY. In a simple database with a 1% error rate -- not an unreasonable estimate considering the quality of the data the government plans to feed into its terrorist watch system -- Schneier says only one guilty person would be included for every 100 people erroneously added. Even worse, you wouldn't know you were on the list until you tried to board a plane or apply for a mortgage or a job.
The heedless march toward database surveillance will only lead to more cases like Rochester (N.Y.) resident Asif Iqbal who, unfortunately for him, shares his name with a terrorist that's in custody at the U.S. naval base in Guantanamo Bay, Cuba. According to EPIC documents, Iqbal was stopped at check-in as he tried to board a plane on Feb. 18 out of Rochester. The flight system indicated that he was a risk and should be denied a boarding pass.
After an interview with the police and an hour-and-a-half wait while airline staff received clearance from the FBI and other federal agencies, he was allowed to fly. By that time, however, Iqbal had missed his flight. The airline promised it would not happen again and offered him an $8 coupon to buy breakfast.
"VERY DISAPPOINTED." The next day, when Iqbal showed up, he was again denied boarding and was "forced to endure the agonizing process" again, he wrote in a letter to his congresswoman, Representative Louise Slaughter (D-N.Y.). He says authorities and airport representatives explained that he would have to endure this rigorous background check "each and every time before I'm allowed to board a plane."
"I completely understand the measures taken by airport security since the September 11 attacks," he continued. "But isn't American airport-security technology more advanced than this current program?" In the closing of his letter, Iqbal wrote: "I expected so much more from the United States government and find myself very disappointed by it at this time." So am I. |