No Fly List - Controversy

Controversy

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.

The European Union and other non-U.S. government entities have expressed concern about allowing the CAPPS II proposal to be implemented within their borders. During the early testing of the No Fly List and CAPPS II, the TSA privately asked airlines to disclose massive amounts of personal information about their passengers. This action has been said to be a violation of the Privacy Act of 1974, which forbids the government to compile secret databases on U.S. citizens. Spokespeople from several major airlines denied providing TSA the information, then admitted that they had done so. TSA and the United States Department of Homeland Security (DHS) admitted that the government had inappropriately requested and used this information.

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. 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.

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