Category Archives: Law: Right to Travel

CAPPS II Dead or UnDead?

MSNBC says that the TSA is hinting hard that CAPPS II is dead. Except when it isn't:

Homeland Security Secretary Tom Ridge said officials had all but scrapped plans for the controversial Computer Assisted Passenger Prescreening System, known as CAPPS II, which has come under criticism from privacy advocates and some members of Congress.

Asked whether the program could be considered dead, Ridge jokingly gestured as if he were driving a stake through its head and said: “Yes,” USA Today reported.

Sounds good, right? Except this is just like when they killed the Poindexter TIA program: (but really didn't1):

Ridge said a new program with a different name might be developed to replace CAPPS II. It could be replaced by a new “registered traveler” program if enough people volunteer to provide personal information, the report said.

So Registered Traveller + secret program to be (not) announced = CAPPS III. Oh joy.

Meanwhile, it will be interesting to see if the government argues that Frontier Travel v. TSA is now moot.


1 When the program went 'black' they just stopped worrying about privacy:

“But when the Information Awareness Office was disbanded and the work on many parts of TIA—which is ongoing—became classified, the privacy work stopped, Poindexter said.

“The privacy work was part of what was cancelled,” he said. “But I think it should continue. And I think that eventually it will be continued. I'm an optimist.”

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Anchorage Daily News Says, “Good Suit”

The Anchorage Daily News editorialized in favor of the Frontier Travel case today.

Continue reading

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Press Coverage of Frontier Travel Case

Good coverage of the filing of the Frontier Travel lawsuit:

“Mark Hatfield, a T.S.A. spokesman, said yesterday that the complaint's assertion of systemic secrecy was off base. 'There will be nothing secret' about the process for developing CAPPS2 and enlisting airlines in carrying it out, he said. While the actual text of the security directive outlining CAPPS2 won't be made public for obvious security reasons, he said, 'I'll put out a press release that paraphrases it' when the directive is issued.”

Of course, that's not a legally enforceable promise.

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Suing the TSA

More later, but meanwhile just a note to say that I'm involved in this lawsuit, about which there is now early press coverage.

The case raises very interesting and difficult legal issues.

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