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No Fly List

The No Fly List, maintained by the United States federal government's Terrorist Screening Center (TSC), is one of several lists included in algorithmic rulesets used by government agencies and airlines to decide who to allow to board airline flights.[1] The TSC's No Fly List is a list of people who are prohibited from boarding commercial aircraft for travel within, into, or out of the United States. This list has also been used to divert aircraft away from U.S. airspace that do not have start- or end-point destinations within the United States. The number of people on the list rises and falls according to threat and intelligence reporting. There were reportedly 16,000[2] names on the list in 2011, 21,000 in 2012, and 47,000 in 2013.

The list—along with the Secondary Security Screening Selection, which tags would-be passengers for extra inspection—was created after the September 11 attacks of 2001. The No Fly List, the Selectee List, and the Terrorist Watch List were created by George W. Bush's administration and have continued through the administrations of Barack Obama, Donald Trump and Joe Biden. Former U.S. Senate Intelligence Committee chair Dianne Feinstein said in May 2010: "The no-fly list itself is one of our best lines of defense."[3] However, the list has been criticized on civil liberties and due process grounds, due in part to its potential for ethnic, religious, economic, political, or racial profiling and discrimination. It has raised concerns about privacy and government secrecy and has been criticized as prone to false positives.

The No Fly List is different from the Terrorist Watch List, a much longer list of people said to be suspected of some involvement with terrorism. As of June 2016, the Terrorist Watch List is estimated to contain over 2,484,442 records, consisting of 1,877,133 individual identities.[4][5]

History edit

Before the attacks of September 11, 2001, the U.S. federal government had a list of 16 people deemed "no transport" because they "presented a specific known or suspected threat to aviation."[6][7] The list grew in the immediate aftermath of the September 11 attacks, reaching more than 400 names by November 2001, when responsibility for keeping it was transferred to the Federal Aviation Administration (FAA).[7] In mid-December 2001, two lists were created: the "No Fly List" of 594 people to be denied air transport, and the "Selectee" list of 365 people who were to be more carefully searched at airports.[6][7] By 2002, the two lists combined contained over a thousand names, and by April 2005 contained about 70,000 names.[6] For the first two and a half years of the program, the Federal Bureau of Investigation (FBI) and Transportation Security Administration (TSA) denied that the program existed.[6]

In 2004, then-U.S. Senator Edward Kennedy was denied boarding a flight because his name was similar to an alias found on the No Fly List.[8] Laura K. Donohue would later write in The Cost of Counterterrorism: Power, Politics, and Liberty that "antiwar activists, such as Jan Adams and Rebecca Gordan, and political opponents of the Bush administration, such as Senator Edward Kennedy and civil rights attorney David Cole, found themselves included."[6] In June 2016, Timothy Healy, the former director of the FBI Terrorist Screening Center, disputed the claim that Kennedy had ever appeared on the list, saying that another person with a similar name—who had accidentally tried to bring ammunition on to a plane—was placed on an airline's watch list and Kennedy was mistakenly detained by the airline, not based on the No Fly List.[9] In October 2006, CBS News' 60 Minutes reported on the program after it obtained a March 2006 copy of the list containing 44,000 names.[10]

Many individuals were "caught in the system" as a result of sharing the exact or similar name of another person on the list;[6] TSA officials said that, as of November 2005, 30,000 people in 2005 had complained that their names were matched to a name on the list via the name matching software used by airlines.[11] In January 2006, the FBI and ACLU settled a federal lawsuit, Gordon v. FBI, brought by Gordon and Adams under the Freedom of Information Act in order to obtain information about how names were added to the list.[11] Under the settlement, the government paid $200,000 in the plaintiffs' attorneys' fees.[12] A separate suit was brought as a class action "filed by people caught in the name game."[6] In response, "TSA created an ombudsman process, whereby individuals now can download and print out a Passenger Identity Verification Form and mail it, along with certain notarized documents, to the TSA 'so the agency can differentiate the individual from others who may be on the list.'"[6]

In April 2007, the U.S. federal government's "terrorist watch list" administered by the Terrorist Screening Center (which is managed principally by the FBI)[13] contained 700,000 records.[14] A year later, the ACLU estimated the list to have grown to over 1,000,000 names and to be continually expanding.[15][16][17] However, according to Homeland Security secretary Michael Chertoff, in October 2008 the No Fly List contained only 2,500 names, with an additional 16,000 "selectees" who "represent a less specific security threat and receive extra scrutiny, but are allowed to fly."[18]

As of 2011, the list contained about 10,000 names.[19][20] In 2012, the list more than doubled in size, to about 21,000 names.[21] In August 2013, a leak revealed that more than 47,000 people were on the list.[22][13] In 2016, California Senator Dianne Feinstein disclosed that 81,000 people were on the No Fly List.[23]

There is a huge, secretive US anti-terrorism database for Canada specifically, "Tuscan" (Tipoff US/Canada), revealed by Canada's access to information system. The database is used by both the US and Canada, and applies to all borders, not just airports. It is believed to contain information on about 680,000 people thought to be linked with terrorism. The list was created in 1997 as a consular aid. It was repurposed and expanded after 9/11, and again in 2016. The names in Tuscan come from the US Terrorist Identities Datamart Environment (Tide), which is vetted by the FBI's Terrorist Screening Center and populates various US traveller databases, Canada's Tuscan and the Australian equivalent, "Tactics".[24]

Weapons purchases by listed persons (No Fly No Buy) edit

In a 2010 report, the Government Accountability Office noted that "Membership in a terrorist organization does not prohibit a person from possessing firearms or explosives under current federal law," and individuals on the No Fly List are not barred from purchasing guns.[25] According to GAO data, between 2004 and 2010, people on terrorism watch lists—including the No Fly List as well as other separate lists—attempted to buy guns and explosives more than 1,400 times, and succeeded 1,321 times (more than 90% of cases).[26]

Senator Frank Lautenberg of New Jersey repeatedly introduced legislation to bar individuals on the terror watch lists (such as the No Fly List) from buying firearms or explosives, but these efforts have not succeeded.[25][26][27] Senator Dianne Feinstein of California revived the legislation after the November 2015 Paris attacks and President Barack Obama has called for such legislation to be approved.[25]

Republicans in Congress such as Senate Homeland Security Committee chair Ron Johnson and former Speaker of the House Paul Ryan oppose this measure, citing due process concerns and efficacy, respectively.[25] Republicans have blocked attempts by Democrats to attach these provisions to Republican-backed measures.[28]

The American Civil Liberties Union has voiced opposition to barring weapons sales to individuals listed on the current form of the No Fly List, stating that: "There is no constitutional bar to reasonable regulation of guns, and the No Fly List could serve as one tool for it, but only with major reform."[29] Specifically, the ACLU's position is that the government's current redress process—the procedure by which listed individuals can petition for removal from the list—does not meet the requirements of the Constitution's Due Process Clause because the process does not "provide meaningful notice of the reasons our clients are blacklisted, the basis for those reasons, and a hearing before a neutral decision-maker."[29]

In December 2015, Feinstein's amendment to bar individuals on the terror watch list from purchasing firearms failed in the Senate on a 45-54 vote.[30] Senate Majority Whip John Cornyn of Texas put forth a competing proposal to "give the attorney general the power to impose a 72-hour delay for individuals on the terror watch list seeking to purchase a gun and it could become a permanent ban if a judge determines there is probable cause during that time window."[30] The measure, too, failed, on a 55-45 vote (60 votes were required to proceed).[30] The votes on both the Feinstein measure and the Cornyn measure were largely along party lines.[30]

Vulnerabilities edit

With the aim of preventing individuals on the No Fly List from flying in commercial airliners, U.S. airports require all passengers to show valid picture ID (e.g. a passport or driver's license) along with their boarding pass before entering the boarding terminal. At this checkpoint, the name on the ID is matched to that on the boarding pass, but is not recorded. In order to be effective, this practice must assume that 1) the ticket was bought under the passenger's real name (at which point the name was recorded and checked against the No Fly List), 2) the boarding pass shown is real, and 3) the ID shown is real. However, the rise of print-at-home boarding passes, which can be easily forged, allows a potential attacker to buy a ticket under someone else's name, to go into the boarding terminal using a real ID and a fake boarding pass, and then to fly on the ticket that has someone else's name on it.[31][32][33][34] Additionally, a 2007 investigation showed that obviously false IDs could be used when claiming a boarding pass and entering the departures terminal, so a person on the No Fly List can simply travel under a different name.[35]

False positives edit

A "false positive" occurs when a passenger who is not on the No Fly List has a name that matches or is similar to a name on the list. False positive passengers will not be allowed to board a flight unless they can differentiate themselves from the actual person on the list, usually by presenting ID showing their middle name or date of birth. In some cases, false positive passengers have been denied boarding or have missed flights because they could not easily prove that they were not the person on the No Fly List.

Notable cases edit

False positives and abuses that have been in the news include:

  • Numerous children (including many under the age of five, and some under the age of one) have generated false positives.[36][37][38]
  • Daniel Brown, a United States Marine returning from Iraq, was prevented from boarding a flight home in April 2006 because his name matched one on the No Fly List.[39]
  • David Fathi, an attorney for the ACLU of Iranian descent and a plaintiff in an ACLU lawsuit, has been arrested and detained because his name was on the No Fly List.[40]
  • Asif Iqbal, a management consultant and legal resident of the United States born in Pakistan, plans to sue the U.S. government because he is regularly detained when he tries to fly. He has the same name as a former Guantanamo detainee.[41][42] Iqbal's work requires a lot of travel, and, even though the Guantanamo detainee has been released, his name remains on the No Fly List, and Iqbal the software consultant experiences frequent, unpredictable delays and missed flights.[43] He is pushing for a photo ID and birthdate matching system, in addition to the current system of checking names.[44]
  • Robert J. Johnson, a surgeon and a former lieutenant colonel in the U.S. Army, was told in 2006 that he was on the list, although he had had no problem in flying the month before. Johnson was running as a Democrat against U.S. Representative John McHugh, a Republican. Johnson wondered whether he was on the list because of his opposition to the Iraq War. He stated, "This could just be a government screw-up, but I don't know, and they won't tell me."[45] Later, a 60 Minutes report brought together 12 men named Robert Johnson, all of whom had experienced problems in airports with being pulled aside and interrogated. The report suggested that the individual whose name was intended to be on the list was most likely the Robert Johnson who had been convicted of plotting to bomb a movie theater and a Hindu temple in Toronto.[10]
  • In August 2004, Senator Ted Kennedy told a Senate Judiciary Committee discussing the No Fly List that he had appeared on the list and had been repeatedly delayed at airports.[citation needed] He said it had taken him three weeks of appeals directly to Homeland Security Secretary Tom Ridge to have him removed from the list. Kennedy said he was eventually told that the name "T Kennedy" was added to the list because it was once used as an alias of a suspected terrorist. There are an estimated 7,000 American men whose legal names correspond to "T Kennedy". (Senator Kennedy, whose first name was Edward and for whom "Ted" was only a nickname, would not have been one of them.) Recognizing that as a U.S. Senator he was in a privileged position of being able to contact Ridge, Kennedy said of "ordinary citizens": "How are they going to be able to get to be treated fairly and not have their rights abused?"[46] Former mayor of New York City Rudy Giuliani pointed to this incident as an example of the necessity to "rethink aviation security" in an essay on homeland security published while he was seeking the Republican nomination for the 2008 presidential election.[47]
  • The late U.S. Representative, former Freedom Rider, and former Chairman of Student Nonviolent Coordinating Committee, John Lewis, was stopped many times in his life.[48]
  • Canadian journalist Patrick Martin has been frequently interrogated while traveling, because of a suspicious individual, believed to be a former Provisional Irish Republican Army bombmaker, with the same name.[49][50]
  • Walter F. Murphy, McCormick Professor of Jurisprudence at Princeton, reported that the following exchange took place at Newark on 1 March 2007, where he was denied a boarding pass "because I [Murphy] was on the Terrorist Watch list." The airline employee asked, "Have you been in any peace marches? We ban a lot of people from flying because of that." Replied Murphy, "I explained that I had not so marched but had, in September 2006, given a lecture at Princeton, televised and put on the web, highly critical of George Bush for his many violations of the constitution." To which the airline employee responded, "That'll do it."[51]
  • David Nelson, the actor best known for his role on The Adventures of Ozzie and Harriet, is among various persons named David Nelson who have been stopped at airports because their name apparently appears on the list.[52][53]
  • Jesselyn Radack, a former United States Department of Justice ethics adviser who argued that John Walker Lindh was entitled to an attorney, was placed on the No Fly List as part of what she[54] believes to be a reprisal for her whistle-blowing.
  • In September 2004, former pop singer Cat Stevens (who converted to Islam and changed his name to "Yusuf Islam" in 1978) was denied entry into the U.S. after his name was found on the list.[55]
  • In February 2006, U.S. Senator Ted Stevens stated in a committee hearing that his wife Catherine had been subjected to questioning at an airport as to whether she was Cat Stevens due to the similarity of their names.[52][56]
  • U.S. Representative Don Young, the third-most senior Republican in the House, was flagged in 2004 after he was mistaken for a "Donald Lee Young".[57]
  • Some members of the Federal Air Marshal Service have been denied boarding on flights that they were assigned to protect because their names matched those of persons on the No Fly List.[58]
  • In August 2008, CNN reported that an airline captain and retired brigadier general of the U.S. Air National Guard has had numerous encounters with security officials when attempting to pilot his own plane.[59]
  • After frequently being detained for questioning at airport terminals, a Canadian businessman changed his name to avoid being delayed every time he took a flight.[60]
  • In October 2008, the Washington Post reported that Maryland State Police classified 53 nonviolent political activists as terrorists, and entered their names and personal information into state and federal databases, with labels indicating that they were terror suspects. The protest groups were also entered as terrorist organizations. During a hearing, it was revealed that these individuals and organizations had been placed in the databases because of a surveillance operation that targeted opponents of the death penalty and the Iraq War.[61]
  • In April 2009, TSA refused to allow an Air France flight from Paris to Mexico to cross U.S. airspace because it was carrying Colombian journalist Hernando Calvo Ospina. Air France did not send the passenger manifest to the U.S. authorities; they did however send it to Mexico who forwarded it to the U.S.[62]
  • On August 19, 2009, Air France flight AF-438 was not allowed to cross into U.S. airspace because of the presence on board of one Paul-Emile Dupret, a human rights activist and civil servant at the European Parliament.[63]
  • Bollywood actor Shah Rukh Khan was held for extensive questioning by U.S. Immigration and Customs officials in August 2009 because, as he reported, "his name came up on a computer alert list." Customs officials claimed that he "was questioned as part of a routine process that took 66 minutes." Khan was visiting the United States to promote his film My Name Is Khan, which concerns racial profiling of Muslims in the United States.[64]
  • In June 2010, The New York Times reported that Yahya Wehelie, a 26-year-old Muslim American man, was being prevented from returning to the United States, and was stranded in Cairo. Despite Wehelie's offer to FBI agents to allow them to accompany him on the plane, while shackled, he was not permitted to fly. The ACLU has argued that this constitutes banishment.[65] In July 2010, Wehelie was permitted to fly to New York under a federal waiver.[66]
  • A U.S. citizen, stranded in Colombia after being placed on the No Fly List as a result of having studied in Yemen, sought to re-enter the U.S. through Mexico but was returned to Colombia by Mexican authorities.[65]
  • Michael Migliore, a 23-year-old Muslim convert and dual citizen of the United States and Italy, was detained in the United Kingdom after traveling there from the U.S. by train and then cruise ship because he was not permitted to fly. He said that he believes he was placed on the no-fly list because he refused to answer questions about a 2010 Portland car bomb plot without his lawyer present.[67] He was released eight or ten hours later, but authorities confiscated his electronic media items, including a cell phone and media player.[68]
  • Abe Mashal, a 31-year-old Muslim and United States Marine Veteran, found himself on the No Fly List in April 2010 while attempting to board a plane out of Midway Airport. He was interrogated by the TSA, FBI and Chicago Police at the airport and was told they had no clue why he was on the No Fly List. Once he arrived at home that day two other FBI agents came to his home and used a Do Not Fly question-and-answer sheet to question him. They informed him they had no idea why he was on the No Fly List. In June 2010, those same two FBI agents summoned Mashal to a local hotel and invited him to a private room. They then told him that he was in no trouble and the reason he ended up on the No Fly List was because of possibly sending emails to an American imam they may have been monitoring. They then informed him that if he would go undercover at various local mosques, they could get him off the No Fly List immediately and he would be compensated for such actions. Mashal refused to answer any additional questions without a lawyer present and was told to leave the hotel. Mashal then contacted the ACLU and is now being represented in a class-action lawsuit filed against the TSA, FBI and DHS concerning the legality of the No Fly List and how people end up on it. Mashal feels as if he was blackmailed into becoming an informant by being placed on the No Fly List. Mashal has since appeared on ABC, NBC, PBS and Al Jazeera concerning his inclusion on the No Fly List. He has also written a book about his experience titled "No Spy No Fly."[69]
  • In November 2002 Salon reported that the No-Fly program seemed "to be netting mostly priests, elderly nuns, Green Party campaign operatives, left-wing journalists, right-wing activists and people affiliated with Arab or Arab-American groups." Art dealer Doug Stuber, who ran Ralph Nader's Green Party presidential campaign in North Carolina in 2000, was prevented from flying to Europe on business in October 2002. He was repeatedly pulled out of line, held for questioning until his flight left, then told falsely he could take a later flight or depart from a different airport. Barbara Olshansky, then Assistant Legal Director for the Center for Constitutional Rights, noted that she and several of her colleagues received special attention on numerous occasions. On at least one occasion, she was ordered to pull her trousers down in view of other passengers.[70] It is not clear why Stuber was targeted. He was initially pulled aside after loudly declaring to a fellow passenger, "George Bush is as dumb as a rock." He was on the list for over two years but was later allowed to fly.[71]

DHS Traveler Redress Inquiry Program edit

The DHS Traveler Redress Inquiry Program (TRIP) is a procedure for travelers who are delayed or denied boarding of an aircraft, consistently receive excess scrutiny at security checkpoints, or are denied entry to the U.S. because they are believed to be or are told that they are on a government watch list. The traveler must complete an online application at the Department of Homeland Security website, print and sign the application, and then submit it with copies of several identifying documents. After reviewing their records, DHS notifies the traveler that if any corrections of data about them were warranted, they will be made.

Travelers who apply for redress through TRIP are assigned a record identifier called a "Redress Control Number". Airline reservations systems allow passengers who have a Redress Control Number to enter it when making their reservation.

DHS TRIP may make it easier for an airline to confirm a traveler's identity. False-positive travelers, whose names match or are similar to the names of persons on the No Fly List, will continue to match that name even after using DHS TRIP, so it will not restore a traveler's ability to use Internet or curbside check-in or to use an automated kiosk.[citation needed] It does usually help the airline identify the traveler as not being the actual person on the No Fly List, after an airline agent has reviewed their identity documents at check-in.

However, DHS TRIP has not been very helpful to travelers who accidentally end up on the No Fly List, as their efforts to clear their names are often futile to the extent that they are not told why they are on the list.[72]

2023 leak edit

On January 19, 2023, Swiss hacker maia arson crimew reported that she had gained access to 2019 versions of the No Fly List of 1.56 million entries and Selectee List of 250,000 entries posted by CommuteAir on an unsecured Amazon Web Services cloud server.[73][74][75][76]

Controversy and criticism edit

The American Civil Liberties Union (ACLU) has long criticized the No Fly List and similar lists because of the lack of notification to persons included on such lists. The ACLU's stance is that the government has not provided a constitutionally adequate means of allowing individuals to challenge their inclusion on the list[77] and that "constitutional rights are at stake when the government stigmatizes Americans as suspected terrorists and bans them from international travel."[78]

Among the complaints about the No Fly List is the use of credit reports in calculating the risk score. In response to the controversy, Transportation Security Administration (TSA) officials said in 2005 that they would not use credit scores to determine passengers' risk score and that they would comply with all rights guaranteed by the First and Fourth amendments to the United States Constitution.[79]

In the midst of this controversy, the Government Accountability Office of the U.S. Congress produced a report critical of the CAPPS II system. It characterized the proposal as incomplete and seriously behind schedule, and noted that the TSA had failed to address "developmental, operational, and privacy issues identified by Congress". On July 14, 2004, TSA officials announced that CAPPS II was being pulled from consideration without proceeding to full testing. Critics have alleged that the TSA has merely chosen to start with a less controversial entry point that they are calling the "Registered Traveler" program.[80] TSA has also begun testing of another program called "Secure Flight", which is supposed to solve some of the problems of CAPPS I while avoiding the privacy issues of CAPPS II.

In January 2009, Marcus Holmes conservatively estimated the total cost of the program to be $536 million since 9/11, with a reasonable estimation range that approaches $1 billion, and he questioned whether the benefits of the list outweigh the costs.[81]

In 2023, the 2019 version of the No-Fly list was released by a Swiss hacker, re-igniting criticisms that the No-Fly list is insufficiently secure.[82] Critics note that if it is not possible to abolish the No-Fly list or make placement on it appealable, Congress should at least review and improve the federal government's data security to prevent any future leaks.[83]

Lawsuits edit

On April 6, 2004, the American Civil Liberties Union "filed a nationwide class-action challenge to the government's No Fly List", in which they charge that "many innocent travelers who pose no security risk whatsoever are discovering that their government considers them terrorists – and find that they have no way to find out why they are on the list, and no way to clear their names."[84] The case was settled in 2006, when "the federal government agreed to pay $200,000 in attorneys' fees to the ACLU of Northern California" and to "[make] public, for the first time, hundreds of records about the government's secret 'no fly' list used to screen airline passengers after September 11, 2001."[11] On August 5, 2010, the ACLU filed a lawsuit on behalf of 14 plaintiffs challenging their placement on the No Fly List.[85] and on June 24, 2014, U.S. District Judge Anna J. Brown ruled in favor of the plaintiffs saying that air travel is a "sacred" liberty protected by the U.S. Constitution[86] and ordered the government to change its system for challenging inclusion.[85]

A Malaysian academic has been the first to successfully bring a suit involving the No Fly List to trial. On August 18, 2008, the Ninth Circuit Court of Appeals in San Francisco issued a ruling on behalf of Rahinah Ibrahim, who was a Stanford University graduate student when she was arrested at the San Francisco-Oakland International Airport in 2005, overturning a lower court decision and allowing her case against inclusion in the No Fly List to proceed through the court system.[87] A public trial began on December 2, 2013 in San Francisco in the courtroom of U.S. District Judge William Alsup.[88] After the government revealed that Ibrahim had ended up on the list because of human error by the FBI,[89] Alsup ruled on January 14, 2014 "that Ibrahim did have the right to sue and ordered the government to tell Ibrahim whether she is still on the list."[90] Ibrahim was represented by the San Jose-based law firm of McManis Faulkner.[91] Ibrahim was awarded $400,000 in court costs; in January 2019 the Ninth U.S. Circuit Court of Appeals ruled that she was entitled to the "vast majority" of the millions of dollars in costs her lawyers were requesting, and ordered Alsup to rule on whether the government had acted in bad faith.[92]

Gulet Mohamed, a U.S. citizen from Virginia, was placed on the no-fly list as a teenager in 2011 while he was visiting family in Kuwait. Because he was on the no-fly list, he was unable to return to the U.S. before his visa expired.[93] He was taken into custody in Kuwait for overstaying his visa, where he alleges that he "was repeatedly beaten and tortured by his interrogators".[94] Kuwaiti authorities tried to deport him to the U.S., but the airline denied him boarding, presumably because he was on the U.S. No Fly List, and he was returned to prison. While he was imprisoned in Kuwait, a lawsuit was filed on his behalf in the Eastern District of Virginia by the Council on American–Islamic Relations. After the lawsuit was filed, he was allowed to return to the U.S.; the U.S. government then moved to dismiss the lawsuit as moot.[95] On May 28, 2013, the 4th Circuit Court of Appeals rejected the government's motion to dismiss Mohamed's lawsuit.[96] On January 22, 2014, Judge Anthony J. Trenga denied most of another government motion to dismiss the lawsuit, allowing the case to proceed toward trial.[97]

In 2015 Yonas Fikre of Oregon sued the FBI for harm to his reputation and violation of his due process rights to travel, after he was placed on the No Fly List and then removed.[98] In September 2023, the US Supreme Court agreed to hear the FBI's appeal against the litigation.[99]

No fly lists in other countries edit

Canada's federal government has created its own no fly list as part of a program called Passenger Protect.[100] The Canadian list incorporates data from domestic and foreign intelligence sources, including the U.S. No Fly List.[101] It contains between 500 and 2,000 names.[102]

In addition, Canada's access to information system revealed that the US "Tuscan" (Tipoff US/Canada) database is provided to every Canadian border guard and immigration officer; they have the power to detain, interrogate, arrest and deny entry to anyone listed on it. Unlike the no-fly list, which only applies to airports, Tuscan is used for every Canadian land and sea border, and visa and immigration application.[24]

In Pakistan, the no fly list is known as the Exit Control List.[103]

See also edit

References edit

  1. ^ ""Put them on the no-fly list!"". Papers, Please!. The Identity Project. from the original on October 28, 2021. Retrieved January 23, 2021.
  2. ^ "Ten years after: the FBI since 9/11". FBI. 2011. from the original on October 28, 2021. Retrieved September 27, 2017.
  3. ^ Shane, Scott (May 11, 2010). "Senators Demand Tighter Rules on No-Fly List and Addition to Terror Group List". The New York Times. Washington. p. A9. from the original on March 4, 2021. Retrieved November 27, 2010.
  4. ^ Number and rate of growth from: Follow-up Audit of the Terrorist Screening Center, U.S. Department of Justice Office of the Inspector General, Audit Division, Audit Report 07-41, September 2007; http://www.usdoj.gov/oig/reports/FBI/a0741/final.pdf May 31, 2009, at the Wayback Machine; (4/30/2007 – 724,442 records, growth rate 16,000/mo.)
  5. ^ . FBI. September 9, 2008. Archived from the original on August 5, 2009. Retrieved December 27, 2009.
  6. ^ a b c d e f g h Donohue, Laura K. (2008). The Cost of Counterterrorism: Power, Politics, and Liberty. Cambridge University Press. pp. 254–255.
  7. ^ a b c (PDF). Archived from the original (PDF) on July 16, 2011. Retrieved December 27, 2007.
  8. ^ Kehaulani Goo, Sara (August 20, 2004). "Sen. Kennedy Flagged by No-Fly List". Washington Post. p. A01. from the original on September 17, 2021. Retrieved October 7, 2018.
  9. ^ C-SPAN, Washington Journal, June 25, 2016, ~9:01 a.m.
  10. ^ a b Kroft, Steve; Rosen, Ira (October 8, 2006). "Unlikely Terrorists On No-Fly List". 60 Minutes. CBS News. from the original on October 28, 2013. Retrieved December 16, 2006.
  11. ^ a b c "TSA and FBI Ordered to Pay $200,000 to Settle "No Fly" Lawsuit" (Press release). American Civil Liberties Union. January 24, 2006. from the original on September 8, 2015. Retrieved May 24, 2015.
  12. ^ Associated Press, Feds to pay ACLU $200,000 to settle no-fly list dispute Archived March 29, 2014, at the Stanford Web Archive (January 25, 2006).
  13. ^ a b . Terrorist Screening Center. Federal Bureau of Investigation. August 10, 2010. Archived from the original on November 8, 2011. Retrieved November 17, 2011.
  14. ^ "Justice Department report tells of flaws in terrorist watch list". CNN. September 6, 2007. from the original on January 16, 2008. Retrieved December 25, 2007. As of April 2007, the terrorist watch list, which consolidated more than a dozen federal agency terror lists, contained 700,000 records, and the database continues to increase by an average of more than 20,000 records each month, the report states.
  15. ^ Neuman, Johanna (July 15, 2008). "Terrorist watch list at airports tops 1 million names". Los Angeles Times. from the original on May 19, 2011. Retrieved July 20, 2008.
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  17. ^ Pincus, Walter (November 1, 2009). "1,600 are suggested daily for FBI's list". The Washington Post. from the original on March 19, 2021. Retrieved November 17, 2011.
  18. ^ "Terrorist watch lists shorter than previously reported". CNN. October 22, 2008. from the original on January 26, 2021. Retrieved May 20, 2010.
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  20. ^ A.H. (February 21, 2011). "How the American no-fly list applies outside America". The Economist. The Economist Newspaper Limited. from the original on March 28, 2017. Retrieved November 17, 2011.
  21. ^ "US No-Fly list doubles in 1 year". NPR. February 2, 2012. from the original on December 9, 2015. Retrieved July 17, 2013.
  22. ^ "In First, Government Officially Tells ACLU Clients Their No Fly List Status". ACLU. October 10, 2014. from the original on November 26, 2014. Retrieved November 27, 2014.
  23. ^ "NCTC TSC Numbers to Congress" (PDF). feinstein.senate.gov. (PDF) from the original on September 14, 2021. Retrieved August 5, 2021.
  24. ^ a b Justin Ling (June 21, 2018). "Revealed: Canada uses massive US anti-terrorist database at borders". The Guardian. from the original on October 11, 2021. Retrieved June 21, 2018.
  25. ^ a b c d Jeff Stein, Terrorist Watch List No Bar to Buying Guns January 21, 2021, at the Wayback Machine, Newsweek (December 3, 2015).
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Sources edit

  • by Randall Amster, Truthout, February 3, 2010.
  • "Meet Mikey, 8: U.S. Has Him on Watch List" New York Times, January 14, 2010.
  • "Unlikely Terrorists On No Fly List" 60 Minutes, October 8, 2006.
  • ACLU Challenges Government No-Fly List
  • Shuford, Reginald T. (April 6, 2004). "Michelle D. Green; John F. Shaw; David C. Fathi; Sarosh Syed; Mohamed Ibrahim; David Nelson; Alexandra Hay, on behalf of themselves and all others similarly situated, Plaintiffs, v. Transportation Security Administration" (PDF). American Civil Liberties Union.
  • 1,600 are Suggested Daily for FBI's List by Walter Pincus, Washington Post, November 1, 2009
  • Plaintiff in ACLU Suit Challenging Government No-Fly List Describes Struggle – video report by Democracy Now!
  • Mrs Shipley's Ghost The Right to Travel and Terrorist Watchlists by Jeffrey Kahn, University of Michigan Press, 2013; – book on the No Fly List and other terrorist watchlists

External links edit

list, this, article, about, american, list, indian, list, india, canadian, list, passenger, protect, other, uses, disambiguation, maintained, united, states, federal, government, terrorist, screening, center, several, lists, included, algorithmic, rulesets, us. This article is about the American list For the Indian list see No Fly List India For the Canadian list see Passenger Protect For other uses see No Fly List disambiguation The No Fly List maintained by the United States federal government s Terrorist Screening Center TSC is one of several lists included in algorithmic rulesets used by government agencies and airlines to decide who to allow to board airline flights 1 The TSC s No Fly List is a list of people who are prohibited from boarding commercial aircraft for travel within into or out of the United States This list has also been used to divert aircraft away from U S airspace that do not have start or end point destinations within the United States The number of people on the list rises and falls according to threat and intelligence reporting There were reportedly 16 000 2 names on the list in 2011 21 000 in 2012 and 47 000 in 2013 The list along with the Secondary Security Screening Selection which tags would be passengers for extra inspection was created after the September 11 attacks of 2001 The No Fly List the Selectee List and the Terrorist Watch List were created by George W Bush s administration and have continued through the administrations of Barack Obama Donald Trump and Joe Biden Former U S Senate Intelligence Committee chair Dianne Feinstein said in May 2010 The no fly list itself is one of our best lines of defense 3 However the list has been criticized on civil liberties and due process grounds due in part to its potential for ethnic religious economic political or racial profiling and discrimination It has raised concerns about privacy and government secrecy and has been criticized as prone to false positives The No Fly List is different from the Terrorist Watch List a much longer list of people said to be suspected of some involvement with terrorism As of June 2016 the Terrorist Watch List is estimated to contain over 2 484 442 records consisting of 1 877 133 individual identities 4 5 Contents 1 History 2 Weapons purchases by listed persons No Fly No Buy 3 Vulnerabilities 3 1 False positives 3 1 1 Notable cases 3 1 2 DHS Traveler Redress Inquiry Program 3 2 2023 leak 4 Controversy and criticism 4 1 Lawsuits 5 No fly lists in other countries 6 See also 7 References 8 Sources 9 External linksHistory editBefore the attacks of September 11 2001 the U S federal government had a list of 16 people deemed no transport because they presented a specific known or suspected threat to aviation 6 7 The list grew in the immediate aftermath of the September 11 attacks reaching more than 400 names by November 2001 when responsibility for keeping it was transferred to the Federal Aviation Administration FAA 7 In mid December 2001 two lists were created the No Fly List of 594 people to be denied air transport and the Selectee list of 365 people who were to be more carefully searched at airports 6 7 By 2002 the two lists combined contained over a thousand names and by April 2005 contained about 70 000 names 6 For the first two and a half years of the program the Federal Bureau of Investigation FBI and Transportation Security Administration TSA denied that the program existed 6 In 2004 then U S Senator Edward Kennedy was denied boarding a flight because his name was similar to an alias found on the No Fly List 8 Laura K Donohue would later write in The Cost of Counterterrorism Power Politics and Liberty that antiwar activists such as Jan Adams and Rebecca Gordan and political opponents of the Bush administration such as Senator Edward Kennedy and civil rights attorney David Cole found themselves included 6 In June 2016 Timothy Healy the former director of the FBI Terrorist Screening Center disputed the claim that Kennedy had ever appeared on the list saying that another person with a similar name who had accidentally tried to bring ammunition on to a plane was placed on an airline s watch list and Kennedy was mistakenly detained by the airline not based on the No Fly List 9 In October 2006 CBS News 60 Minutes reported on the program after it obtained a March 2006 copy of the list containing 44 000 names 10 Many individuals were caught in the system as a result of sharing the exact or similar name of another person on the list 6 TSA officials said that as of November 2005 30 000 people in 2005 had complained that their names were matched to a name on the list via the name matching software used by airlines 11 In January 2006 the FBI and ACLU settled a federal lawsuit Gordon v FBI brought by Gordon and Adams under the Freedom of Information Act in order to obtain information about how names were added to the list 11 Under the settlement the government paid 200 000 in the plaintiffs attorneys fees 12 A separate suit was brought as a class action filed by people caught in the name game 6 In response TSA created an ombudsman process whereby individuals now can download and print out a Passenger Identity Verification Form and mail it along with certain notarized documents to the TSA so the agency can differentiate the individual from others who may be on the list 6 In April 2007 the U S federal government s terrorist watch list administered by the Terrorist Screening Center which is managed principally by the FBI 13 contained 700 000 records 14 A year later the ACLU estimated the list to have grown to over 1 000 000 names and to be continually expanding 15 16 17 However according to Homeland Security secretary Michael Chertoff in October 2008 the No Fly List contained only 2 500 names with an additional 16 000 selectees who represent a less specific security threat and receive extra scrutiny but are allowed to fly 18 As of 2011 the list contained about 10 000 names 19 20 In 2012 the list more than doubled in size to about 21 000 names 21 In August 2013 a leak revealed that more than 47 000 people were on the list 22 13 In 2016 California Senator Dianne Feinstein disclosed that 81 000 people were on the No Fly List 23 There is a huge secretive US anti terrorism database for Canada specifically Tuscan Tipoff US Canada revealed by Canada s access to information system The database is used by both the US and Canada and applies to all borders not just airports It is believed to contain information on about 680 000 people thought to be linked with terrorism The list was created in 1997 as a consular aid It was repurposed and expanded after 9 11 and again in 2016 The names in Tuscan come from the US Terrorist Identities Datamart Environment Tide which is vetted by the FBI s Terrorist Screening Center and populates various US traveller databases Canada s Tuscan and the Australian equivalent Tactics 24 Weapons purchases by listed persons No Fly No Buy editIn a 2010 report the Government Accountability Office noted that Membership in a terrorist organization does not prohibit a person from possessing firearms or explosives under current federal law and individuals on the No Fly List are not barred from purchasing guns 25 According to GAO data between 2004 and 2010 people on terrorism watch lists including the No Fly List as well as other separate lists attempted to buy guns and explosives more than 1 400 times and succeeded 1 321 times more than 90 of cases 26 Senator Frank Lautenberg of New Jersey repeatedly introduced legislation to bar individuals on the terror watch lists such as the No Fly List from buying firearms or explosives but these efforts have not succeeded 25 26 27 Senator Dianne Feinstein of California revived the legislation after the November 2015 Paris attacks and President Barack Obama has called for such legislation to be approved 25 Republicans in Congress such as Senate Homeland Security Committee chair Ron Johnson and former Speaker of the House Paul Ryan oppose this measure citing due process concerns and efficacy respectively 25 Republicans have blocked attempts by Democrats to attach these provisions to Republican backed measures 28 The American Civil Liberties Union has voiced opposition to barring weapons sales to individuals listed on the current form of the No Fly List stating that There is no constitutional bar to reasonable regulation of guns and the No Fly List could serve as one tool for it but only with major reform 29 Specifically the ACLU s position is that the government s current redress process the procedure by which listed individuals can petition for removal from the list does not meet the requirements of the Constitution s Due Process Clause because the process does not provide meaningful notice of the reasons our clients are blacklisted the basis for those reasons and a hearing before a neutral decision maker 29 In December 2015 Feinstein s amendment to bar individuals on the terror watch list from purchasing firearms failed in the Senate on a 45 54 vote 30 Senate Majority Whip John Cornyn of Texas put forth a competing proposal to give the attorney general the power to impose a 72 hour delay for individuals on the terror watch list seeking to purchase a gun and it could become a permanent ban if a judge determines there is probable cause during that time window 30 The measure too failed on a 55 45 vote 60 votes were required to proceed 30 The votes on both the Feinstein measure and the Cornyn measure were largely along party lines 30 Vulnerabilities editSee also Security theater With the aim of preventing individuals on the No Fly List from flying in commercial airliners U S airports require all passengers to show valid picture ID e g a passport or driver s license along with their boarding pass before entering the boarding terminal At this checkpoint the name on the ID is matched to that on the boarding pass but is not recorded In order to be effective this practice must assume that 1 the ticket was bought under the passenger s real name at which point the name was recorded and checked against the No Fly List 2 the boarding pass shown is real and 3 the ID shown is real However the rise of print at home boarding passes which can be easily forged allows a potential attacker to buy a ticket under someone else s name to go into the boarding terminal using a real ID and a fake boarding pass and then to fly on the ticket that has someone else s name on it 31 32 33 34 Additionally a 2007 investigation showed that obviously false IDs could be used when claiming a boarding pass and entering the departures terminal so a person on the No Fly List can simply travel under a different name 35 False positives edit A false positive occurs when a passenger who is not on the No Fly List has a name that matches or is similar to a name on the list False positive passengers will not be allowed to board a flight unless they can differentiate themselves from the actual person on the list usually by presenting ID showing their middle name or date of birth In some cases false positive passengers have been denied boarding or have missed flights because they could not easily prove that they were not the person on the No Fly List Notable cases edit False positives and abuses that have been in the news include Numerous children including many under the age of five and some under the age of one have generated false positives 36 37 38 Daniel Brown a United States Marine returning from Iraq was prevented from boarding a flight home in April 2006 because his name matched one on the No Fly List 39 David Fathi an attorney for the ACLU of Iranian descent and a plaintiff in an ACLU lawsuit has been arrested and detained because his name was on the No Fly List 40 Asif Iqbal a management consultant and legal resident of the United States born in Pakistan plans to sue the U S government because he is regularly detained when he tries to fly He has the same name as a former Guantanamo detainee 41 42 Iqbal s work requires a lot of travel and even though the Guantanamo detainee has been released his name remains on the No Fly List and Iqbal the software consultant experiences frequent unpredictable delays and missed flights 43 He is pushing for a photo ID and birthdate matching system in addition to the current system of checking names 44 Robert J Johnson a surgeon and a former lieutenant colonel in the U S Army was told in 2006 that he was on the list although he had had no problem in flying the month before Johnson was running as a Democrat against U S Representative John McHugh a Republican Johnson wondered whether he was on the list because of his opposition to the Iraq War He stated This could just be a government screw up but I don t know and they won t tell me 45 Later a 60 Minutes report brought together 12 men named Robert Johnson all of whom had experienced problems in airports with being pulled aside and interrogated The report suggested that the individual whose name was intended to be on the list was most likely the Robert Johnson who had been convicted of plotting to bomb a movie theater and a Hindu temple in Toronto 10 In August 2004 Senator Ted Kennedy told a Senate Judiciary Committee discussing the No Fly List that he had appeared on the list and had been repeatedly delayed at airports citation needed He said it had taken him three weeks of appeals directly to Homeland Security Secretary Tom Ridge to have him removed from the list Kennedy said he was eventually told that the name T Kennedy was added to the list because it was once used as an alias of a suspected terrorist There are an estimated 7 000 American men whose legal names correspond to T Kennedy Senator Kennedy whose first name was Edward and for whom Ted was only a nickname would not have been one of them Recognizing that as a U S Senator he was in a privileged position of being able to contact Ridge Kennedy said of ordinary citizens How are they going to be able to get to be treated fairly and not have their rights abused 46 Former mayor of New York City Rudy Giuliani pointed to this incident as an example of the necessity to rethink aviation security in an essay on homeland security published while he was seeking the Republican nomination for the 2008 presidential election 47 The late U S Representative former Freedom Rider and former Chairman of Student Nonviolent Coordinating Committee John Lewis was stopped many times in his life 48 Canadian journalist Patrick Martin has been frequently interrogated while traveling because of a suspicious individual believed to be a former Provisional Irish Republican Army bombmaker with the same name 49 50 Walter F Murphy McCormick Professor of Jurisprudence at Princeton reported that the following exchange took place at Newark on 1 March 2007 where he was denied a boarding pass because I Murphy was on the Terrorist Watch list The airline employee asked Have you been in any peace marches We ban a lot of people from flying because of that Replied Murphy I explained that I had not so marched but had in September 2006 given a lecture at Princeton televised and put on the web highly critical of George Bush for his many violations of the constitution To which the airline employee responded That ll do it 51 David Nelson the actor best known for his role on The Adventures of Ozzie and Harriet is among various persons named David Nelson who have been stopped at airports because their name apparently appears on the list 52 53 Jesselyn Radack a former United States Department of Justice ethics adviser who argued that John Walker Lindh was entitled to an attorney was placed on the No Fly List as part of what she 54 believes to be a reprisal for her whistle blowing In September 2004 former pop singer Cat Stevens who converted to Islam and changed his name to Yusuf Islam in 1978 was denied entry into the U S after his name was found on the list 55 In February 2006 U S Senator Ted Stevens stated in a committee hearing that his wife Catherine had been subjected to questioning at an airport as to whether she was Cat Stevens due to the similarity of their names 52 56 U S Representative Don Young the third most senior Republican in the House was flagged in 2004 after he was mistaken for a Donald Lee Young 57 Some members of the Federal Air Marshal Service have been denied boarding on flights that they were assigned to protect because their names matched those of persons on the No Fly List 58 In August 2008 CNN reported that an airline captain and retired brigadier general of the U S Air National Guard has had numerous encounters with security officials when attempting to pilot his own plane 59 After frequently being detained for questioning at airport terminals a Canadian businessman changed his name to avoid being delayed every time he took a flight 60 In October 2008 the Washington Post reported that Maryland State Police classified 53 nonviolent political activists as terrorists and entered their names and personal information into state and federal databases with labels indicating that they were terror suspects The protest groups were also entered as terrorist organizations During a hearing it was revealed that these individuals and organizations had been placed in the databases because of a surveillance operation that targeted opponents of the death penalty and the Iraq War 61 In April 2009 TSA refused to allow an Air France flight from Paris to Mexico to cross U S airspace because it was carrying Colombian journalist Hernando Calvo Ospina Air France did not send the passenger manifest to the U S authorities they did however send it to Mexico who forwarded it to the U S 62 On August 19 2009 Air France flight AF 438 was not allowed to cross into U S airspace because of the presence on board of one Paul Emile Dupret a human rights activist and civil servant at the European Parliament 63 Bollywood actor Shah Rukh Khan was held for extensive questioning by U S Immigration and Customs officials in August 2009 because as he reported his name came up on a computer alert list Customs officials claimed that he was questioned as part of a routine process that took 66 minutes Khan was visiting the United States to promote his film My Name Is Khan which concerns racial profiling of Muslims in the United States 64 In June 2010 The New York Times reported that Yahya Wehelie a 26 year old Muslim American man was being prevented from returning to the United States and was stranded in Cairo Despite Wehelie s offer to FBI agents to allow them to accompany him on the plane while shackled he was not permitted to fly The ACLU has argued that this constitutes banishment 65 In July 2010 Wehelie was permitted to fly to New York under a federal waiver 66 A U S citizen stranded in Colombia after being placed on the No Fly List as a result of having studied in Yemen sought to re enter the U S through Mexico but was returned to Colombia by Mexican authorities 65 Michael Migliore a 23 year old Muslim convert and dual citizen of the United States and Italy was detained in the United Kingdom after traveling there from the U S by train and then cruise ship because he was not permitted to fly He said that he believes he was placed on the no fly list because he refused to answer questions about a 2010 Portland car bomb plot without his lawyer present 67 He was released eight or ten hours later but authorities confiscated his electronic media items including a cell phone and media player 68 Abe Mashal a 31 year old Muslim and United States Marine Veteran found himself on the No Fly List in April 2010 while attempting to board a plane out of Midway Airport He was interrogated by the TSA FBI and Chicago Police at the airport and was told they had no clue why he was on the No Fly List Once he arrived at home that day two other FBI agents came to his home and used a Do Not Fly question and answer sheet to question him They informed him they had no idea why he was on the No Fly List In June 2010 those same two FBI agents summoned Mashal to a local hotel and invited him to a private room They then told him that he was in no trouble and the reason he ended up on the No Fly List was because of possibly sending emails to an American imam they may have been monitoring They then informed him that if he would go undercover at various local mosques they could get him off the No Fly List immediately and he would be compensated for such actions Mashal refused to answer any additional questions without a lawyer present and was told to leave the hotel Mashal then contacted the ACLU and is now being represented in a class action lawsuit filed against the TSA FBI and DHS concerning the legality of the No Fly List and how people end up on it Mashal feels as if he was blackmailed into becoming an informant by being placed on the No Fly List Mashal has since appeared on ABC NBC PBS and Al Jazeera concerning his inclusion on the No Fly List He has also written a book about his experience titled No Spy No Fly 69 In November 2002 Salon reported that the No Fly program seemed to be netting mostly priests elderly nuns Green Party campaign operatives left wing journalists right wing activists and people affiliated with Arab or Arab American groups Art dealer Doug Stuber who ran Ralph Nader s Green Party presidential campaign in North Carolina in 2000 was prevented from flying to Europe on business in October 2002 He was repeatedly pulled out of line held for questioning until his flight left then told falsely he could take a later flight or depart from a different airport Barbara Olshansky then Assistant Legal Director for the Center for Constitutional Rights noted that she and several of her colleagues received special attention on numerous occasions On at least one occasion she was ordered to pull her trousers down in view of other passengers 70 It is not clear why Stuber was targeted He was initially pulled aside after loudly declaring to a fellow passenger George Bush is as dumb as a rock He was on the list for over two years but was later allowed to fly 71 DHS Traveler Redress Inquiry Program edit The DHS Traveler Redress Inquiry Program TRIP is a procedure for travelers who are delayed or denied boarding of an aircraft consistently receive excess scrutiny at security checkpoints or are denied entry to the U S because they are believed to be or are told that they are on a government watch list The traveler must complete an online application at the Department of Homeland Security website print and sign the application and then submit it with copies of several identifying documents After reviewing their records DHS notifies the traveler that if any corrections of data about them were warranted they will be made Travelers who apply for redress through TRIP are assigned a record identifier called a Redress Control Number Airline reservations systems allow passengers who have a Redress Control Number to enter it when making their reservation DHS TRIP may make it easier for an airline to confirm a traveler s identity False positive travelers whose names match or are similar to the names of persons on the No Fly List will continue to match that name even after using DHS TRIP so it will not restore a traveler s ability to use Internet or curbside check in or to use an automated kiosk citation needed It does usually help the airline identify the traveler as not being the actual person on the No Fly List after an airline agent has reviewed their identity documents at check in However DHS TRIP has not been very helpful to travelers who accidentally end up on the No Fly List as their efforts to clear their names are often futile to the extent that they are not told why they are on the list 72 2023 leak edit On January 19 2023 Swiss hacker maia arson crimew reported that she had gained access to 2019 versions of the No Fly List of 1 56 million entries and Selectee List of 250 000 entries posted by CommuteAir on an unsecured Amazon Web Services cloud server 73 74 75 76 Controversy and criticism editThe American Civil Liberties Union ACLU has long criticized the No Fly List and similar lists because of the lack of notification to persons included on such lists The ACLU s stance is that the government has not provided a constitutionally adequate means of allowing individuals to challenge their inclusion on the list 77 and that constitutional rights are at stake when the government stigmatizes Americans as suspected terrorists and bans them from international travel 78 Among the complaints about the No Fly List is the use of credit reports in calculating the risk score In response to the controversy Transportation Security Administration TSA officials said in 2005 that they would not use credit scores to determine passengers risk score and that they would comply with all rights guaranteed by the First and Fourth amendments to the United States Constitution 79 In the midst of this controversy the Government Accountability Office of the U S Congress produced a report critical of the CAPPS II system It characterized the proposal as incomplete and seriously behind schedule and noted that the TSA had failed to address developmental operational and privacy issues identified by Congress On July 14 2004 TSA officials announced that CAPPS II was being pulled from consideration without proceeding to full testing Critics have alleged that the TSA has merely chosen to start with a less controversial entry point that they are calling the Registered Traveler program 80 TSA has also begun testing of another program called Secure Flight which is supposed to solve some of the problems of CAPPS I while avoiding the privacy issues of CAPPS II In January 2009 Marcus Holmes conservatively estimated the total cost of the program to be 536 million since 9 11 with a reasonable estimation range that approaches 1 billion and he questioned whether the benefits of the list outweigh the costs 81 In 2023 the 2019 version of the No Fly list was released by a Swiss hacker re igniting criticisms that the No Fly list is insufficiently secure 82 Critics note that if it is not possible to abolish the No Fly list or make placement on it appealable Congress should at least review and improve the federal government s data security to prevent any future leaks 83 Lawsuits edit On April 6 2004 the American Civil Liberties Union filed a nationwide class action challenge to the government s No Fly List in which they charge that many innocent travelers who pose no security risk whatsoever are discovering that their government considers them terrorists and find that they have no way to find out why they are on the list and no way to clear their names 84 The case was settled in 2006 when the federal government agreed to pay 200 000 in attorneys fees to the ACLU of Northern California and to make public for the first time hundreds of records about the government s secret no fly list used to screen airline passengers after September 11 2001 11 On August 5 2010 the ACLU filed a lawsuit on behalf of 14 plaintiffs challenging their placement on the No Fly List 85 and on June 24 2014 U S District Judge Anna J Brown ruled in favor of the plaintiffs saying that air travel is a sacred liberty protected by the U S Constitution 86 and ordered the government to change its system for challenging inclusion 85 A Malaysian academic has been the first to successfully bring a suit involving the No Fly List to trial On August 18 2008 the Ninth Circuit Court of Appeals in San Francisco issued a ruling on behalf of Rahinah Ibrahim who was a Stanford University graduate student when she was arrested at the San Francisco Oakland International Airport in 2005 overturning a lower court decision and allowing her case against inclusion in the No Fly List to proceed through the court system 87 A public trial began on December 2 2013 in San Francisco in the courtroom of U S District Judge William Alsup 88 After the government revealed that Ibrahim had ended up on the list because of human error by the FBI 89 Alsup ruled on January 14 2014 that Ibrahim did have the right to sue and ordered the government to tell Ibrahim whether she is still on the list 90 Ibrahim was represented by the San Jose based law firm of McManis Faulkner 91 Ibrahim was awarded 400 000 in court costs in January 2019 the Ninth U S Circuit Court of Appeals ruled that she was entitled to the vast majority of the millions of dollars in costs her lawyers were requesting and ordered Alsup to rule on whether the government had acted in bad faith 92 Gulet Mohamed a U S citizen from Virginia was placed on the no fly list as a teenager in 2011 while he was visiting family in Kuwait Because he was on the no fly list he was unable to return to the U S before his visa expired 93 He was taken into custody in Kuwait for overstaying his visa where he alleges that he was repeatedly beaten and tortured by his interrogators 94 Kuwaiti authorities tried to deport him to the U S but the airline denied him boarding presumably because he was on the U S No Fly List and he was returned to prison While he was imprisoned in Kuwait a lawsuit was filed on his behalf in the Eastern District of Virginia by the Council on American Islamic Relations After the lawsuit was filed he was allowed to return to the U S the U S government then moved to dismiss the lawsuit as moot 95 On May 28 2013 the 4th Circuit Court of Appeals rejected the government s motion to dismiss Mohamed s lawsuit 96 On January 22 2014 Judge Anthony J Trenga denied most of another government motion to dismiss the lawsuit allowing the case to proceed toward trial 97 In 2015 Yonas Fikre of Oregon sued the FBI for harm to his reputation and violation of his due process rights to travel after he was placed on the No Fly List and then removed 98 In September 2023 the US Supreme Court agreed to hear the FBI s appeal against the litigation 99 No fly lists in other countries editCanada s federal government has created its own no fly list as part of a program called Passenger Protect 100 The Canadian list incorporates data from domestic and foreign intelligence sources including the U S No Fly List 101 It contains between 500 and 2 000 names 102 In addition Canada s access to information system revealed that the US Tuscan Tipoff US Canada database is provided to every Canadian border guard and immigration officer they have the power to detain interrogate arrest and deny entry to anyone listed on it Unlike the no fly list which only applies to airports Tuscan is used for every Canadian land and sea border and visa and immigration application 24 In Pakistan the no fly list is known as the Exit Control List 103 See also editComputer Assisted Passenger Prescreening System FBI Index Hollywood blacklist Interpol Terrorism Watch List Office of Foreign Assets ControlReferences edit Put them on the no fly list Papers Please The Identity Project Archived from the original on October 28 2021 Retrieved January 23 2021 Ten years after the FBI since 9 11 FBI 2011 Archived from the original on October 28 2021 Retrieved September 27 2017 Shane Scott May 11 2010 Senators Demand Tighter Rules on No Fly List and Addition to Terror Group List The New York Times Washington p A9 Archived from the original on March 4 2021 Retrieved November 27 2010 Number and rate of growth from Follow up Audit of the Terrorist Screening Center U S Department of Justice Office of the Inspector General Audit Division Audit Report 07 41 September 2007 http www usdoj gov oig reports FBI a0741 final pdf Archived May 31 2009 at the Wayback Machine 4 30 2007 724 442 records growth rate 16 000 mo Congressional Testimony FBI September 9 2008 Archived from the original on August 5 2009 Retrieved December 27 2009 a b c d e f g h Donohue Laura K 2008 The Cost of Counterterrorism Power Politics and Liberty Cambridge University Press pp 254 255 a b c TSA Watch Lists December 2002 PDF a PowerPoint presentation by the U S Department of Transportation s Transportation Security Intelligence Service Entered into public record as Attachment A Part 1 during Gordon v FBI 2003 PDF Archived from the original PDF on July 16 2011 Retrieved December 27 2007 Kehaulani Goo Sara August 20 2004 Sen Kennedy Flagged by No Fly List Washington Post p A01 Archived from the original on September 17 2021 Retrieved October 7 2018 C SPAN Washington Journal June 25 2016 9 01 a m a b Kroft Steve Rosen Ira October 8 2006 Unlikely Terrorists On No Fly List 60 Minutes CBS News Archived from the original on October 28 2013 Retrieved December 16 2006 a b c TSA and FBI Ordered to Pay 200 000 to Settle No Fly Lawsuit Press release American Civil Liberties Union January 24 2006 Archived from the original on September 8 2015 Retrieved May 24 2015 Associated Press Feds to pay ACLU 200 000 to settle no fly list dispute Archived March 29 2014 at the Stanford Web Archive January 25 2006 a b FBI TSC Vision amp Mission Terrorist Screening Center Federal Bureau of Investigation August 10 2010 Archived from the original on November 8 2011 Retrieved November 17 2011 Justice Department report tells of flaws in terrorist watch list CNN September 6 2007 Archived from the original on January 16 2008 Retrieved December 25 2007 As of April 2007 the terrorist watch list which consolidated more than a dozen federal agency terror lists contained 700 000 records and the database continues to increase by an average of more than 20 000 records each month the report states Neuman Johanna July 15 2008 Terrorist watch list at airports tops 1 million names Los Angeles Times Archived from the original on May 19 2011 Retrieved July 20 2008 Eisler Peter March 10 2009 Terrorist watch list hits 1 million USA Today Archived from the original on September 17 2021 Retrieved December 22 2013 Pincus Walter November 1 2009 1 600 are suggested daily for FBI s list The Washington Post Archived from the original on March 19 2021 Retrieved November 17 2011 Terrorist watch lists shorter than previously reported CNN October 22 2008 Archived from the original on January 26 2021 Retrieved May 20 2010 Tarabay Jamie January 26 2011 The No Fly List FBI Says It s Smaller Than You Think NPR Archived from the original on January 26 2021 Retrieved November 17 2011 A H February 21 2011 How the American no fly list applies outside America The Economist The Economist Newspaper Limited Archived from the original on March 28 2017 Retrieved November 17 2011 US No Fly list doubles in 1 year NPR February 2 2012 Archived from the original on December 9 2015 Retrieved July 17 2013 In First Government Officially Tells ACLU Clients Their No Fly List Status ACLU October 10 2014 Archived from the original on November 26 2014 Retrieved November 27 2014 NCTC TSC Numbers to Congress PDF feinstein senate gov Archived PDF from the original on September 14 2021 Retrieved August 5 2021 a b Justin Ling June 21 2018 Revealed Canada uses massive US anti terrorist database at borders The Guardian Archived from the original on October 11 2021 Retrieved June 21 2018 a b c d Jeff Stein Terrorist Watch List No Bar to Buying Guns Archived January 21 2021 at the 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Alexandra Hay on behalf of themselves and all others similarly situated Plaintiffs v Transportation Security Administration PDF American Civil Liberties Union 1 600 are Suggested Daily for FBI s List by Walter Pincus Washington Post November 1 2009 Plaintiff in ACLU Suit Challenging Government No Fly List Describes Struggle video report by Democracy Now Mrs Shipley s Ghost The Right to Travel and Terrorist Watchlists by Jeffrey Kahn University of Michigan Press 2013 book on the No Fly List and other terrorist watchlistsExternal links edit Terrorist Screening Center FBI gov Terrorist Watchlist Checks and Air Passenger Prescreening Congressional Research Service December 30 2009 Terrorist Watch List Screening and Background Checks for Firearms Congressional Research Service May 1 2013 Retrieved from https en wikipedia org w index php title No Fly List amp oldid 1179151344 False positives, wikipedia, wiki, book, books, library,

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