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Former DHS Official Blames Privacy Advocates For TSA's Aggressive Procedures

colinneagle writes with an interesting excerpt from Senate testimony offered yesterday, on the 12th anniversary of the 9/11 attacks, from Stewart Baker. Baker formerly served as DHS Assistant Secretary and NSA General Counsel, and gave his opinion on the source of the real problems within the TSA, opining: "Unlike border officials, though, TSA ended up taking more time to inspect everyone, treating all travelers as potential terrorists, and subjecting many to whole-body imaging and enhanced pat-downs. We can't blame TSA for this wrong turn, though. Privacy lobbies persuaded Congress that TSA couldn't be trusted with data about the travelers it was screening. With no information about travelers, TSA had no choice but to treat them all alike, sending us down a long blind alley that has inconvenienced billions."

25 of 325 comments (clear)

  1. Sounds like the lesser of two evils by h4rr4r · · Score: 5, Insightful

    Sounds like the lesser of two evils to me. If you really think they would not have done both keeping data and the enhanced pat downs I have a bridge to sell you in New York. Slightly used.

    1. Re:Sounds like the lesser of two evils by mellon · · Score: 5, Insightful

      Furthermore, what the hell are they talking about anyway? Are they not aware of the TSA Secure Flight program? The no fly lists? Etc? You can't get anywhere near a commercial flight without the TSA knowing everything including your shoe size.

    2. Re:Sounds like the lesser of two evils by Hatta · · Score: 5, Insightful

      The TSA had two choices. Treat them all alike and respect their Constitutional rights, or treat them all alike and ignore their Constitutional rights. The TSA chose the latter, and everyone involved with it deserves prosecution for deprivation of rights under color of law.

      --
      Give me Classic Slashdot or give me death!
    3. Re:Sounds like the lesser of two evils by Anonymous Coward · · Score: 4, Insightful

      Or how about recognizing that the locked cockpit door, and widespread public knowledge of the outcome of 9-11, are all that's really important to secure our air travel from 99.9999% of potential threats, acknowledge that all the rest is just Security Theater, and just let us on our way. That isn't as lucrative for business or expansive for government, though.

  2. Brilliant by Anonymous Coward · · Score: 5, Insightful

    What a strategy. Want to curtail both privacy and freedom? Set up a a blackmail scheme where you pit one against the other.

  3. And the bully said... by jd2112 · · Score: 5, Insightful

    It's not my fault I beat you up. If you had just given me your lunch money you wouldn't have a black eye.

    --
    Any insufficiently advanced magic is indistinguishable from technology.
  4. I am sorry I you raped me by 1_brown_mouse · · Score: 4, Insightful

    It was all my fault for standing in line. Being there.

    Won't happen again.

    1. Re:I am sorry I you raped me by Anonymous Coward · · Score: 4, Insightful

      I hear ya. Our family doesn't travel to the US anymore. I hear what the american gov does to their own people; I sure the hell aren't going to give them a chane to pull that crap on my kids.

  5. Accountability by LeifOfLiberty · · Score: 5, Insightful

    No, the problem with the TSA is that they exist in the first place. Airlines should be responsible for ensuring their flights are safe. When airlines handle safety they can be held accountable if they do it poorly or they mistreat their customers. The TSA can clearly never be held accountable for anything.

    1. Re:Accountability by mellon · · Score: 3, Insightful

      The incentives in that case would be in the wrong place, which is why that practice was discontinued. Unfortunately, now the incentives are in a different wrong place. The TSA is not rewarded for being pleasant and minimally intrusive, so they aren't.

    2. Re:Accountability by betterunixthanunix · · Score: 3, Insightful

      How are the incentives in the wrong place? The airlines need security theater; people are already fearful of flying, and fear of being killed by terrorists while flying only makes that worse.

      The key is to remember that checkpoints do not keep you safe on an airplane. You can walk through a checkpoint with all kinds of sharp objects -- like all those sharp metal bits in your laptop -- all kinds of explosive chemicals -- like batteries -- and then you can buy more things that are easily turned into weapons on the other side of the checkpoint. We have checkpoints because the government wants to remind people that something is being done, and it works -- people were terrified to hear that the TSA would relax the knife rule to something approaching sensible, and nobody cared about the number of other dangerously sharp things people are allowed to carry through.

      If airlines were responsible for security, this would all be simplified. No corrupt contracts for nude scanners, because the airlines cannot afford to dump money on that garbage. No nude scanners means no pointless groping -- the groping was always a punishment reserved for anyone who refused a scan (gotta make sure the machines are used, right?). Too annoying and the airline's profits suffer, as they should (and as long as there is a TSA, nobody should fly unless they have to cross a distance that is beyond driving / train range).

      --
      Palm trees and 8
  6. The Horror! by Bob9113 · · Score: 5, Insightful

    With no information about travelers, TSA had no choice but to treat them all alike,

    What a horrifying reality, in which the government is forced to treat all citizens as equal. If the government were only allowed to pick and choose the dissidents to subject to harsh treatment and intimidation, all the properly submissive subjects would be free to do anything that doesn't irritate the lordship. You see, it is not the ruling elite who are imposing these restrictions that are harming you, it is your filthy fellow peasants. If you could all simply learn to kneel and submit to the natural authority of the nobility, you would all be happier.

    1. Re:The Horror! by Bob9113 · · Score: 3, Insightful

      "I'm pretty sure I could qualify for the ruling elite" is not the most compelling argument I have ever heard for the benevolence of the ruling elite.

  7. In other news... by fuzzyfuzzyfungus · · Score: 4, Insightful

    Pedestrian's unwillingness to voluntarily surrender the contents of their pockets is the primary reason for so many of today's muggings.

  8. Sounds like evil to me by betterunixthanunix · · Score: 5, Insightful

    The TSA checkpoints, pat downs, nude scanners, and so forth are a complete waste. No competent terrorist would be deterred by such things -- and "competent" here means "able to do more damage in an airplane than out." It is easy enough to make a makeshift weapon past the checkpoints, and the 9/11 hijackers all used makeshift weapons. I am not even plotting an attack and I can think of a half dozen ways to arm myself on the other side of a TSA checkpoint.

    Basically the TSA is cover-your-ass security theater. If there is any kind of attack, nobody wants to be the politicians who voted to remove the TSA from our airports, regardless of whether or not the checkpoints make a difference.

    --
    Palm trees and 8
    1. Re:Sounds like evil to me by Entropius · · Score: 5, Insightful

      Never mind that. Imagine someone wheeling a wheelie-suitcase consisting of explosives, nails, and warfarin powder into the TSA checkpoint -- you know, the ones consisting of a thousand people milling around waiting in line to take off their shoes and get groped -- and blowing it up.

      You'd have a giant bloody mess, gobs of dead Americans, and a lot of very expensive theatrical equipment damaged, plus temporary paralysis of air travel, plus even more rules that impede travel.

      The fact that nobody has done this yet points to al-Qaeda not trying very hard -- if they really did want to kill a bunch of Americans and terrorize us, they could do a lot better than the motley assortment of underpants bombers, shoe bombers, butt bombers (wasn't there one of those in Saudi Arabia?), and the like that have shown up lately.

    2. Re:Sounds like evil to me by fustakrakich · · Score: 3, Insightful

      ...nude scanners, and so forth are a complete waste.

      Obviously, you don't sell or distribute nude scanners, or you wouldn't be saying that.

      --
      “He’s not deformed, he’s just drunk!”
    3. Re:Sounds like evil to me by icebike · · Score: 4, Insightful

      Never mind that. Imagine someone wheeling a wheelie-suitcase consisting of explosives, nails, and warfarin powder into the TSA checkpoint -- you know, the ones consisting of a thousand people milling around waiting in line to take off their shoes and get groped -- and blowing it up.

      There are a lot of easier places to hit than airports, as the Boston Marathon bombers proved. Yes, they maybe could have hurt more people by crashing a plane, but they could have done far more damage at any random sports stadium in the country with far simpler tools. Should any putative terrorists get their hands on simple mortars they could do this from half a mile away.

      I agree, the evidence is that al-Qaeda, and their wanna-bees are not trying very hard.

      And its not due to the surveillance culture the federal government has dropped over the entire nation. Virtually every fool the feds have caught was lured into a trap that they probably didn't have the brains or the means to develop by themselves. Meanwhile the determined, but not terribly bright Boston Bombers walk right through the dragnet even after being fingered by the Russians.

      In the meantime Air travel in this country is virtually unbearable, no-fly-lists are unconstitutional, and every federal agent knows ahead of time you are planning a trip anyway.

      The whole privacy argument is nonsense. You could make a case for the anti-racial profiling causing mass fondlement, but not privacy.

      --
      Sig Battery depleted. Reverting to safe mode.
    4. Re:Sounds like evil to me by Grishnakh · · Score: 3, Insightful

      Don't be stupid, there's been several movies showing terrorist attacks on stadiums; The Rock and The Dark Knight Rises off the top of my head. It doesn't take a genius to think of attacking a stadium: there's thousands of people clustered in one building with limited exits.

      Another thing terrorists could do, which they haven't yet, is get assault rifles and shoot up people in malls or streets. It's been done before, in Mumbai, but it's never happened here.

      The fact is, if terrorists wanted to create terror here, there's lots of ways to do it cheaply and easily, assuming they can find enough men willing to sacrifice their lives for the cause (the Boston bombers were different, they just planted a bomb and tried to evade capture). That this hasn't happened shows that the "terrorist threat" is completely overblown, and simply being used as a reason to curtail our civil liberties.

  9. Blame stupidity by betterunixthanunix · · Score: 3, Insightful

    The checkpoints are a waste of time and money that have not stopped a single realistic terrorist plot. Profiling is irrelevant, already performed, and does not improve the effectiveness of the TSA checkpoints. This is a distraction from the real issue: billions of wasted dollars, millions of travelers intimidated into giving up their civil rights, and nothing to show for any of it.

    --
    Palm trees and 8
  10. Re:Actually, quite logical by Jason+Levine · · Score: 5, Insightful

    Exactly. Just like the police would probably catch a whole lot more "bad guys" if they could just bust into whomever's house they wanted to on a whim, go through their stuff looking for evidence, and not have to worry about warrants or anything. However, there are very good reasons that we prevent them from doing this. First and foremost because this power would be abused to intimidate. ("You said something we don't like so we're going to 'search' your house twice a week until we find something to lock you up on. Or until you shut up. Or until you resist the slightest bit so we're justified in shooting you.")

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  11. Re:bizaro universe by CanHasDIY · · Score: 5, Insightful

    A buddy of mine was just telling me last week that his 3rd grade daughter was suspended for defending herself against a known bully; the school's rationale? She had a conversation with the bully once before, which in their eyes counts as a willing confrontation.

    I wonder, sometimes, how much more fucked up these policies can get before the pendulum swings in the other direction.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  12. Re:stupid by CanHasDIY · · Score: 3, Insightful

    The thing about international terrorism is that they are patient. If you go by profiles and you stop searching 70 year old grannies, eventually they will find a way to radicalize 70 year old grannies. We aren't talking football hooligans here. The 9/11 attackers didn't fit the profile for "professional terrorist" either, they looked like I.T. people in Kakkis.

    So... maybe we should, I dunno, stop doing shit that gives people incentive to attack us? Like, say, invading sovereign nations on made-up evidence, or bombing the holy living hell out of civilian populations because we think there might have been a 'terrorist' somewhere in their village?

    Oh, right, how could I forget - they don't attack us because we attack them, they do it because Dur, they hates our freedom! That explains why Canada is basically one big crater...

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  13. Re:bizaro universe by Anonymous Coward · · Score: 2, Insightful

    I wonder, sometimes, how much more fucked up these policies can get before the pendulum swings in the other direction.

    There's no pendulum. That was the unofficial policy when I was a kid. You let the bullies bully you. If you stood up to them, you created the problem for the teacher, bus driver, etc. You will be punished for standing up to a bully, because without that there wouldn't be a visible problem. Reporting bullying was even worse. I've never heard of this being any different, so I don't think the pendulum is swinging.

  14. Re:bizaro universe by Anonymous Coward · · Score: 5, Insightful

    Daughter, First Grade. Hit a biter after he drew blood on her and told him "BITING HURTS TOO BUT YOU KEEP DOING IT" while showing her leg when he ran to the teacher.

    She was suspended for three days [of snacks and videogames I assure you] and I had to explain to her that sometimes very bad people are in charge, so doing a good thing makes them want to punish you.

    Vice-principal wasn't too happy about the explanation being done in front of the teacher and the little bastard's parents, but we'll see about changing schools next year.