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Congress Capitulates To TSA; Refuses To Let Bruce Schneier Testify

McGruber writes "Following up on an earlier Slashdot story, earlier today, the U.S. House of Representatives Committee on Oversight and Government Reform and the Committee on Transportation and Infrastructure held a hearing titled 'TSA Oversight Part III: Effective Security or Security Theater?' ... In a blog update, Bruce Schneier says that 'at the request of the TSA' he was removed from the witness list. Bruce also said 'it's pretty clear that the TSA is afraid of public testimony on the topic, and especially of being challenged in front of Congress. They want to control the story, and it's easier for them to do that if I'm not sitting next to them pointing out all the holes in their position. Unfortunately, the committee went along with them.'"

34 of 435 comments (clear)

  1. Naturally by betterunixthanunix · · Score: 5, Insightful

    We would not want to threaten the profits of all those backscatter machine companies by pointing out how little TSA's airport security really accomplishes, now would we? What, you think that because Schneier is a prominent security researcher, he is supposed to be talking about the failures of security programs?

    --
    Palm trees and 8
    1. Re:Naturally by qeveren · · Score: 5, Insightful

      If he's in a conflict of interest due to the lawsuit against the TSA, doesn't that mean the TSA shouldn't be allowed to testify either, being involved in a lawsuit involving the TSA? :)

      --
      Don't just stand there, get that other dog!
    2. Re:Naturally by fahrbot-bot · · Score: 5, Interesting

      Or the lady who was forced to milk herself in a public restroom, or else have her equipment seized by the TSA as "contraband".

      Have her breasts seized? Sure, I can understand that; probably more than 3oz of liquid in those things. If she wants to get them through security, she needs to wrap them in plastic and write "Saline Solution" on them. See Bruce Schneier: The Things He Carried

      Schneier took from his bag a 12-ounce container labeled "saline solution."

      "It's allowed," he said. Medical supplies, such as saline solution for contact-lens cleaning, don't fall under the TSA's three-ounce rule.

      "What's allowed?" I asked. "Saline solution, or bottles labeled saline solution?"

      "Bottles labeled saline solution. They won't check what's in it, trust me."

      They did not check. As we gathered our belongings, Schneier held up the bottle and said to the nearest security officer, "This is okay, right?" "Yep," the officer said. "Just have to put it in the tray."

      "Maybe if you lit it on fire, he'd pay attention," I said, risking arrest for making a joke at airport security. (Later, Schneier would carry two bottles labeled saline solution—24 ounces in total—through security. An officer asked him why he needed two bottles. "Two eyes," he said. He was allowed to keep the bottles.)

      --
      It must have been something you assimilated. . . .
    3. Re:Naturally by random_ID · · Score: 5, Insightful

      No it's because Schneier has a conflict-of-interest since he's a hostile party in an ongoing lawsuit against the TSA. It makes sense that he would be excluded.

      Why? Testifying before congress isn't like serving as a judge where conflict of interest is not permitted. Why shouldn't someone with a grievance be permitted to testify before Congress?

    4. Re:Naturally by Fjandr · · Score: 5, Insightful

      I can hear the grinding of the gears of logic from here ... hopefully you'll find the clutch before you destroy the transmission ...

      The TSA should be at the table. The point was that the conflict should not disqualify Schneier for participating either. If the simple fact that they are engaged in a legal battle is enough to disqualify one side, it should be enough to disqualify the other.

  2. Not a Hearing by Sponge+Bath · · Score: 5, Insightful

    Cherry picking speakers to support the status quo is just theater, nicely complementing the security theater of the TSA.

    1. Re:Not a Hearing by TheGratefulNet · · Score: 5, Insightful

      what makes you think that lawmakers have our interests at heart or care about fairness?

      https://en.wikipedia.org/wiki/House_Un-American_Activities_Committee

      that was the first one that popped into my head; I'm sure I could find lots of other 'railroaded' committees that didn't care about justice and only wanted to make it seems like there was a process.

      more and more, as you see how 'justice' works, you realize its all a show.

      how sad, huh? to learn how reality works; it really rocks your world view, doesn't it?

      --

      --
      "It is now safe to switch off your computer."
  3. Re:What kind of congress is that? by Anonymous Coward · · Score: 5, Insightful

    Same congress that prevented any women from testifying on women's health issues recently.

  4. Darrell Issa, the chair of the committee by Presto+Vivace · · Score: 5, Informative

    is on Twitter @DarrellIssa Anyone so inclined could tweet the link to Schneier's blog.

  5. Re:What kind of congress is that? by Anon-Admin · · Score: 5, Insightful

    Congress has been violating the "charter" AKA The Constitution for years. If you are just noticing this then you need to wake up, get a cup of coffee, read the constitution and find out what has really been going on.

    However, there is no guarantee that you or anyone will get to testify before congress. There is a guarantee that you will be secure in your persons, houses, papers, and effects, against unreasonable searches and seizures.

    4th 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."

    Can some one point to the airport exclusion? Or where congress amended the constitution to allow this?

  6. Well of course and shades of Mark Klein.... by sgt_doom · · Score: 5, Interesting

    ...who also made himself available for testimoney before congress -- and was never called to testify -- after he blew the whistle on the NSA's installation of those Narus boxes at AT&T switches (throughout America, most probably and at IXPs or EPs, as well).

  7. Facts vs Fiction by BoRegardless · · Score: 5, Insightful

    Dictatorial government actions often start by "limiting voices", regardless of the country.

    This is not a good omen for getting the best solutions for a critical issue.

    The list of government witnesses in prior hearings were "officials" of various departments, meaning they are managers of employees.

    Eliminating Bruce Schneier from the witness list means they really do NOT want any experts in front of the committee as that could bring up troubling "FACTS".

  8. Establishing a pattern here by Kelson · · Score: 5, Insightful

    This is the same committee that wouldn't let any women testify in a hearing on contraception last month.

    Apparently, if you know something about the topic at hand, they don't want your input.

    1. Re:Establishing a pattern here by hey! · · Score: 5, Insightful

      This isn't like jury selection. It's more like ... no it actually IS expert testimony.

      I was on a jury recently, and it was everything you'd hope a jury to be. Serious debate. Called for evidence during deliberation to scrutinize. Sent intelligent questions to the judge about the law. Had long, but reasonable discussions. One was a domestic assault case, and there were several people in the medical profession and a prison guard on the jury. They used their experience in their decision but it wasn't taken as testimony. Agonized, agonized, agonized until finding the defendant not guilty.

      Seriously, it was the best group deliberative process I'd ever taken part in, after almost thirty years in business.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  9. "Perv scanners?" by cpu6502 · · Score: 5, Funny

    That seems a little over-the-top. Sure it strips your clothes off your body, to display a naked gray image of your breasts and penis. Sure the guards have been caught asking particular gorgeous women to step through the machine multiple times. Sure some TSA agents have posted personal notes like "Get your freak on" in lady's luggage. Sure some of those images have been leaked by those same guards to the internet......

    Never mind. I guess the description was apart afterall.

     

    --
    My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    1. Re:"Perv scanners?" by nfras · · Score: 5, Funny

      That seems a little over-the-top. Sure it strips your clothes off your body, to display a naked gray image of your breasts and penis.

      I was going to correct you and say you can't have breasts and a penis. And then I remembered where I was. Carry on.

      --
      You call me a pedant? I prefer the term "correct"
  10. This is perfectly consistent by Anonymous Coward · · Score: 5, Insightful

    The purpose of this hearing is not to allow congress to learn hidden facts. It is to convince the public that congress is doing its job, and that its decision to continue funding the TSA and to continue allowing the TSA to perform warrantless invasive searches is the result of a well-scrutinized and carefully considered process.

    Allowing Bruce to testify will not win hearts and minds.

  11. Re:What kind of congress is that? by Moofie · · Score: 5, Insightful

    Doesn't give you the right to breathe, either.

    It's almost like some rights are, what's the word? Oh yeah. Inalienable.

    --
    Why yes, I AM a rocket scientist!
  12. Jury Nullification? No need to go that far... by Ellis+D.+Tripp · · Score: 5, Interesting

    The last time I served jury duty, my job alone was enough to get me thrown off.

    The case being considered was an automobile accident (with injuries), where the driver of the car was claiming that part of the steering/suspension had suddenly failed, causing his car to swerve out of control and hit the other car. There was planned to be a lot of expert testimony involving forensic engineers, metallurgists, etc. hired by the defense to back up the claim.

    3 of us were thrown out by the prosecuting attorney during jury selection for having engineering or mechanical backgrounds. One machinist, one auto mechanic, and myself (electronics design). Apparently, if you know enough to possibly UNDERSTAND what the hired experts are trying to say, you have no place on the jury....

    --
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  13. Re:The terror threat is low by malilo · · Score: 5, Insightful

    You are exactly correct. I was on a boating trip with several couples whom I didn't know and people started complaining about TSA. One poor woman ventured her opinion "but I think it's all ok because it keeps us safe"... I pointed out that I could kill plenty of people by wedging a bit of metal into a commuter track. She gave me a horrified look along with "Why would you even think of that?", but I think I made my point.

    The problem is, they've already got a huge chunk of the country, despite mountains of evidence to the contrary, convinced that we are under constant threat of attack. (It's the lizard brain, I guess). So once they put in place checkpoints EVERYWHERE (which yes, is their plan, the fascisty fucks), it will actually be a bit harder to find the evidence you and I have both noted (once everything is surveilled, it will be hard to argue there's been no attacks because no one is trying). Also, I suspect violence would actually go up, as more people joined resistance/anti-fascist/terrorist groups in response to a crackdown. But I'm just speculating.

    --
    "sometimes he felt that his whole life was a dream, and he wondered whose it was and whether they were enjoying it."
  14. Re:TSA and DHS by element-o.p. · · Score: 5, Insightful

    Sigh... THIS IS NOT A LEFT VS. RIGHT THING! THIS IS A GOVERNMENT VS. THE PEOPLE THING!

    As long as the populace wants to blame a Republican or a Democrat, we won't see any change. Both Democrats AND Republicans are to blame for the mockery the U.S. has become since 9/11. They are two sides of the same coin. No matter which side is face up when the coin hits the table, you and I lose. It's time to vote EVERYBODY out of office and start over!

    --
    MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
  15. Re:What kind of congress is that? by ObsessiveMathsFreak · · Score: 5, Insightful

    Just remember that the constitution does not grant you the right to fly either.

    Actually the American founders though of that problem, and solved it via the Ninth Amendment

    The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

    This passage is really genius and its a great pity that the kind of intellectual governance that drafted it no longer exists in the US today.

    --
    May the Maths Be with you!
  16. Re:What kind of congress is that? by lgw · · Score: 5, Informative

    Hey, you're the one who entered the Constitution-free zone, what did you expect. The majority of Americans live in that zone, by some amazing coincidence.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  17. Re:What kind of congress is that? by englishknnigits · · Score: 5, Funny

    We'll cross that bridge when we come to it.

  18. Re:The terror threat is low by runeghost · · Score: 5, Insightful

    From Gustave Gilbert's transcripts of his conversations with Herman Goering at Nuremberg:

    "Why, of course, the people don't want war," Goering shrugged. "Why would some poor slob on a farm want to risk his life in a war when the best that he can get out of it is to come back to his farm in one piece. Naturally, the common people don't want war; neither in Russia nor in England nor in America, nor for that matter in Germany. That is understood. But, after all, it is the leaders of the country who determine the policy and it is always a simple matter to drag the people along, whether it is a democracy or a fascist dictatorship or a Parliament or a Communist dictatorship."

    "There is one difference," I pointed out. "In a democracy the people have some say in the matter through their elected representatives, and in the United States only Congress can declare wars."

    "Oh, that is all well and good, but, voice or no voice, the people can always be brought to the bidding of the leaders. That is easy. All you have to do is tell them they are being attacked and denounce the pacifists for lack of patriotism and exposing the country to danger. It works the same way in any country."

  19. Re:What kind of congress is that? by Anonymous Coward · · Score: 5, Insightful

    Are you suggesting that matters of religious freedoms should only allow input from religious people at the exclusion of all others? You don't have to agree with her but something is wrong when you argue for a 'nah nah I'm not listening' debate.

  20. Re:What kind of congress is that? by swillden · · Score: 5, Interesting

    Just remember that the constitution does not grant you the right to fly either.

    Actually the American founders though of that problem, and solved it via the Ninth Amendment The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. This passage is really genius and its a great pity that the kind of intellectual governance that drafted it no longer exists in the US today.

    That passage was James Madison's forlorn hope. He argued strongly that a Bill of Rights was a bad idea, because it could never enumerate everything that mattered and anything that was left out would have second-class status at best, or even be called a non-right because obviously if it were a right it would have been included. Only when it became clear that the absence of a Bill of Rights was threatening the Constitution, because the anti-Federalists were arguing that a "strong" federal government (remember that "strong" in those days meant something that was still only the barest shadow of today's juggernaut) would trample the rights of the people, did Madison relent and begin working on what we now know as the Bill of Rights.

    The 9th and 10th were his attempt to stave off the disaster he'd predicted. History has shown that he was not wrong in his prediction of government running roughshod over non-enumerated rights. However, there's also not much proof that he was right in his prediction that not enumerating any rights would have worked better. He and the other Federalists really placed their trust in the states and the ability of the people to keep their own state governments from trampling their rights, but that hope proved just as vain, which is why the 14th amendment was eventually required.

    --
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  21. Re:What kind of congress is that? by gmhowell · · Score: 5, Funny

    We'll cross that bridge when we come to it.

    You conservatives and your bridges to nowhere...

    --
    Jesus was all right but his disciples were thick and ordinary. -John Lennon
  22. Game over by PPH · · Score: 5, Insightful

    Its official. The monkeys are running the zoo.

    --
    Have gnu, will travel.
  23. Re:What kind of congress is that? by element-o.p. · · Score: 5, Informative
    I don't know if you're trolling, intentionally disingenuous or just misinformed, so I'll assume the latter. Nevertheless, it might be a good idea to actually visit here before trying to tell my why I'm wrong about the place I've lived for over twenty years.

    That is absurd. It wasn't the US government that decided that people should build a village in an area so remote that it was impractical to build a road that would be passable in the winter. The people who live there decided that they wanted to live in a place that's inaccessible. You can't blame the government for that. (Well, you can blame them, but you can't expect such absurd blaming to go without response.)

    Ummm...you do realize that most of the peoples on the west coast of Alaska have lived there for longer than there even has been a United States government, don't you?

    Also, are you asserting that the small private planes that go in and out of remote villages in Alaska are subject to the same screenings as airliners going in and out of major airports? I have no personal experience with that IN ALASKA, but I have been in and out of small private airfields in other states and there was no security theatre whatsoever.

    The degree of security depends upon the airport and the type of operation being conducted. If you are flying with a Part 135 (air taxi) operator out of smaller airports, no, there is not much security. However, even the Part 141 (scheduled air carriers, i.e., airlines) fly into some surprisingly small airports. For example, Iliamna is off the road system, and IIRC, it does have airport security. Again, as I stated with the Bethel example, there is essentially no way in or out of Iliamna except by airplane. Furthermore, maybe you haven't been keeping tabs, but TSA has tried twice (so far) to expand the scope of airport security to include smaller operators and smaller airplanes. So far, there has been enough public outcry to prevent this, but then again, I never expected that we would see the crap we currently see at the airports.

    The only precautions were to ensure that the person taking the plane out was the plane's owner. You didn't have to show a pilot's license and nobody cared who might be along for a ride.

    If you are talking about non-commercial services, then yes, you are correct. In some cases, there is even less security than you mention. I own an airplane based at Merrill Field here in Anchorage, and the only thing you need to get in my airplane and fly away is the key to remove the prop lock (and a good deal of luck -- the Rotax 503 powering it is a cranky, temperamental POS). However, the myth that everyone in Alaska owns an airplane and/or has access to a private airplane is exactly that -- a myth. One in ten people here are pilots, but a good number of them don't own airplanes. A good number of those that do, don't own airplanes that are currently airworthy; it's expensive to own an airplane (mine isn't, for example).

    Furthermore, if you think a private plane is an acceptable substitute for an airliner, then you have absolutely no idea of the scale of Alaska nor the difficulty of crossing the state in a small airplane. Summers up here are often rainy with low overcast skies. Couple that with the majority of the state covered with some really freaking huge mountain ranges (you do know that nine of the sixteen highest peaks in North America are in Alaska, don't you?), and it's not a trivial matter to cross the state in a small airplane. Filing IFR often isn't a possibility because of icing, even in the summer. In the winter, things are even more difficult due to limited daylight hours and extreme temperatures (most Cessnas aren't designed to fly at -20F or less, even though it *can* be done).

    So if Alaska is anything like the other states I've lived in, it's perfectly possible for people living in outlying villages to hitch a ride to town and from there

    --
    MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
  24. No surprise.. by jcr · · Score: 5, Funny

    In a related story, the congress is holding hearings on the magnificence of the emperor's clothing, and are excluding outspoken children from testifying.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  25. Re:What kind of congress is that? by Anonymous Coward · · Score: 5, Insightful

    I agree with you.. but it isn't like we (American citizens) haven't been complicit. We have one party that is willing to say publicly that water boarding isn't torture. And on the other side, one that says Guantanamo Bay is wrong and should be closed, yet is unwilling to actually close it. And we have American citizens that either don't care, won't say anything, or at the very least won't vote these people out of office. There are no protests - not over Guantanamo, not over the TSA, not over much of anything.

    When something goes wrong (say 9/11), people scream for more security... and they willingly give up their rights. And to get them back? Congress might hold slow, reasoned debates, without so much as a peep from the public.

    They are holding hearings on the TSA now... I watched MTP, ThisWeek, and Fox News Sunday yesterday, and there wasn't so much as a mention of it.

    And if you think it's just the media... then where are the protests of people concerned about their rights? Where were they the last 10 years?

  26. 911 by Anonymous Coward · · Score: 5, Interesting

    Unfortunately, as a country after 911 we said we don't care about our rights, just protect us from the terrorists. It's our own fault. Once you lose your liberty, it's hard to get it back. We might as well dismantle the Statue of Liberty, she doesn't stand for anything anymore.

  27. Religious rights by KingSkippus · · Score: 5, Insightful

    Oh, make no mistake about it, it is a violation of the rights of religious institutions. I don't think that was ever in much question. The question is just how far do those rights extend? My religious rights, for example, do not give me the right to dictate your health care options. Why should it be any different for an employer dictating that an employee cannot have have contraceptive coverage for no incremental expense past what the coverage already costs?

    That is why Sandra Fluke should have been allowed to testify in a panel regarding religious freedom. They had a panel made of people whose agenda is pushing that freedom as far as possible, even at the expense of the individual liberty of people like Sandra Fluke. Without her testimony, there was no one to say, "That's too far," and the panel--and the public--did not get a fair representation of the issue at hand.

    Also, if you actually watch the panel, you will quickly see that it wasn't just about religious freedom. Every person who testified did so extensively about the issue of contraception. To pretend like contraception just happened to be an issue that came up is extremely dishonest and disingenuous. I for one do not believe that simply draping some issue in the mantle of religious freedom and not allowing any opposing viewpoints because, hey, it's not relevant to religious freedom, is not an acceptable way to debate.