The Solution

November 19, 2010 3:46 pm

I just realized the solution to all this security stupidity. A solution so simple, rational, and agreeable that it's basically guaranteed to never happen.

Let the people choose. A lot of people, including the TSA head, have claimed that if you let people choose they'd choose the invasive security measures. So let's let people choose. Just not between no security and invasive security. Let people choose between the invasive security and the metal detector + luggage X-ray that we've used for years.

It's quite easy. Allow airlines to fly low-security and high-security flights. Allow the employees of the airline to choose which flights they'd like to fly. Run them out of separate terminals at the airports to keep security areas separate. For small airports designate the far-end as high-security and the closer end as low-security. You pass through low-security first, then high-security passengers continue through the enhanced screening to their gates.

Logically the low-security flights would cost less since all that screening costs a lot of money. Then we'd see how the American people really feel. For $10 more each way you can fly high-security. Problem solved.

If people really don't mind the added cost and hassle of the high-security flights then we can realistically expect the low-security flights to be empty. And if that happens, cancel the flights and reduce their frequency. I doubt that would be the case though. I imagine you'd find many people would be happy to take the cost reduction (and supposed security reduction) and get on the low-security flights while enjoying a greater level of freedom.

Sadly this solution is so simple, logical, and un-divisive that it will probably never happen. I'd happily fly again with such a setup.

Now that the cockpit doors are reinforced and locked from the inside hijacking is not a credible threat. The only remaining risk is almost entirely limited to those on board, so let them choose what level of security they want.

No, you may not put your hands in my pants

11:51 am

From KMOV 4 in St. Louis. Even if you are okay with the X-ray backscatter devices, you're not safe from the groping:

Business traveler, Penny Moroney, was flying home from St. Louis to Chicago. Like all other airline passengers, she had to go through security first. When the metal in her artificial knees set off the detectors, she had to undergo more screening. When Moroney asked if she could go through a body scanner, she was told none were available.

Moroney explains “Her gloved hands touched my breasts...went between them. Then she went into the top of my slacks, inserted her hands between my underwear and my skin... then put her hands up on outside of slacks, and patted my genitals.”

Why are there so many people that think this kind of screening is acceptable in order to board a plane? Why are people so afraid that everyone around them is a terrorist just waiting for an opportunity to kill them? Why do so many people say things like, "Anything that makes the plane safer is OK with me."? Yet these same people will happily walk into a grocery store, or mall, or church without any fear of the supposed terrorist threat. Do they really believe that terrorists only blow up planes and if no planes are available they'll simply stay home and take a nap?

The ability to travel is a Constitutionally guaranteed right. From Wikipedia's article on Freedom of Movement:

As far back as the circuit court ruling in Corfield v. Coryell, 6 Fed. Cas. 546 (1823), the Supreme Court recognized freedom of movement as a fundamental Constitutional right.

It is not a privilege. You shouldn't have to be either rich (private planes have no security) or willing to compromise other rights. We shouldn't have to choose between the right to freedom of movement and the right to be protected from unreasonable search. And yes, freedom of movement applies to all forms of transportation:

For much of American history, the right to travel included the right to travel by the vehicle of one's choice, and courts occasionally struck down regional regulations that required licenses or government permission to travel on public roadways. With the advent of the automobile, however, courts began upholding laws and regulations requiring licenses to operate vehicles on roadways. Constitutional scholar Roger Roots has referred to the forgotten right to travel without license as "the orphaned right."

Don't misunderstand me. I accept requiring driver's licenses as a matter of public safety. I accept requiring a reasonable measure of security for air travel. A metal detector resulted in no invasion of my personal privacy. It's a device which simply detects magnetic substances. I'd be perfectly happy to use a device that somehow detected explosive substances. And we had devices that supposed did exactly that. Remember the chemical sniffer devices that cost millions of dollars? What happened to them? They're gone with no reason or explanation given. Yet now we're spending a few hundred million more dollars on these new machines.

And this leads to another of the many problems with airport security. To use a favorite phrase of one of the CS Department professors: How do you know when you've won? That is, what's your metric for success? How do you know that the actions you've taken made a difference? Without a metric you have no evidence.

So what's the metric used to gauge whether new security procedures are working? The number of successful terrorist attacks carried out against planes? Well, that's been zero since 9/12/2001. So by that metric the security we had last year was perfectly safe. The number of deterred terrorist plots against planes? There's no way to measure that so it can't be used as a metric. The number of terrorists stopped because of airport security? That's also 0. The number of attempted terrorist attacks? This one sounds legitimate but is highly dependent on factors which can't be controlled (a priori efforts of law enforcement, terrorist recruitment levels, etc.) and thus you can't meaningfully compare the value from last year to value for next year.

I'd love to hear an admissible metric. Without one you may as well believe that my terrorist repellent works and just spray each passenger with it before they board the plane. Terrorists will break out in hives! 99.99999% accurate! Prove me wrong!

The American Traveler Dignity Act

November 17, 2010 6:00 pm

Hooray for Ron Paul, Congressman from Texas' 14th District. Today Paul introduced the American Traveler Dignity Act. (I haven't been able to find the text of the bill.)

Some quotes from his speech:

In one recent well-publicized case, a TSA official is recorded during an attempted body search saying, “By buying your ticket you gave up a lot of rights.” I strongly disagree and am sure I am not alone in believing that we Americans should never give up our rights in order to travel. As our Declaration of Independence states, our rights are inalienable. This TSA version of our rights looks more like the “rights” granted in the old Soviet Constitutions, where freedoms were granted to Soviet citizens -- right up to the moment the state decided to remove those freedoms.

My legislation is simple. It establishes that airport security screeners are not immune from any US law regarding physical contact with another person, making images of another person, or causing physical harm through the use of radiation-emitting machinery on another person. It means they are subject to the same laws as the rest of us.

Fly With Dignity

4:27 pm

A new grassroots campaign has started the website FlyWithDignity.org to continue to raise awareness on the issue of airport security.

They are collecting "signatures" in their online petition. Now, I'm not naive. I don't expect the online petition to be used for anything particularly meaningful. However, they do verify email addresses and it at least represents a set of unique email addresses that have at least cared enough to voice their opinion on the matter. At a minimum it stands to contradict the news sources that claim very few people actually care about this problem.

In other news, the TSA head, John Pistole, was in front of a Senate Oversight committee today. From the Consumerist website:

He used the analogy that if passengers had the option of getting on two planes to the same destination -- one which had been fully screened but which took a little longer and required scanners or pat-downs, and the other with no screening -- "I think everyone will want to opt for the screening with the assurance that everything is safe and secure."

I'd like to point out how he carefully constructs a false dichotomy and uses that to defend the invasive screening procedures. In reality our choices are not limited to invasive screening or no security. I'd be perfectly happy to invoke choice C, returning to the level of security we had 9 months ago. Total number of successful terrorist attacks involving planes from October 2001 to 2010 before the new procedures: 0.

The Letters

November 16, 2010 9:40 pm

Here are the letters I've written and will be mailing out tomorrow.

At the end of this post I've included the contact information for the major airlines in the United States as well as of the FAA and the TSA. I also recommend looking up the contact information for your Congressional Representatives. If you care about this matter please use those addresses and send your own letter.

This first letter is for the airlines:

To Whom it May Concern,
We regret to inform you that we will no longer be customers of your airline.
We think it is only fair to explain why this is the case, because it is not a reason for which your company is directly at fault. The reason we will no longer be customers of your airline is because of the actions of the Transportation Security Administration. We consider the advanced imaging technology equipment to be invasive and demeaning. When these devices were initially deployed we tolerated opting out of their use and being subjected to a cursory pat-down. However, the changes put in place by the TSA on October 28 (which require a more invasive pat-down procedure for those opting out of the advanced imaging technology) are unacceptable to us. Given that we no longer have a security screening option which we find tolerable we are forced to no longer fly until the security requirements change.
We're not writing to argue about the efficacy of the equipment or any purported necessity of the screening. We are simply informing your company that we will not participate in these invasive and demeaning security checks.
We are not very frequent air travelers and we realize you probably won't notice any change to your company's profits because of our decision. Nevertheless, the airline industry in general will now receive a few thousand dollars less income next year than it did this year because of our decision.
The actions of the TSA are costing your corporation money and customers. We hope you and the other airlines appreciate this fact and do everything within your power to try to change the problem. We would be happy to return as customers if the security screening requirements returned to a level we consider tolerable. We are law-abiding citizens and refuse to be treated like imprisoned criminals just to travel within our own country.
Sincerely,
Kyle & Jessica Dickerson

This second one is for the FAA, TSA, and political representatives:

[Addressee],
We have decided that it is not worth sacrificing our personal privacy and Fourth Amendment rights to travel by plane. When the Transportation Security Administration originally began deploying the advanced imaging technology we chose to continue flying while opting out of the AIT devices. We considered the cursory pat-down to be a nuisance but tolerable for occasional travel. At that time we also decided we wouldn't bother if we could drive to our destination within 12 hours.
The new changes put into effect on October 28, however, are unacceptable. We will not subject ourselves to an invasive and demeaning security procedure for the right to fly on a plane. As law-abiding citizens we refuse to be treated like imprisoned criminals.
We refuse to live in fear. We accept the risk that we are exposed to in a free society. We do not accept trading our freedom for an unmeasurable potential reduction in that risk. Until the security requirements are returned to a level we consider tolerable we will not fly.
We hope to see changes to the current policies. We plan to only vote for representatives who have shown a commitment to protecting our personal rights and our ability to travel within our country without abusive treatment.
Sincerely,
Kyle & Jessica Dickerson

Delta Air Lines, Inc.
P.O. Box 20706
Atlanta, Georgia 30320-6001

Southwest Airlines
P.O. Box 36647-1CR
Dallas, Texas 75235

United Airlines
Customer Relations
PO Box 66100
Chicago, IL 60666

American Airlines Customer Relations
P.O. Box 619612 MD 2400
DFW Airport, TX 75261-9612

US Airways
Attention: Customer Relations
4000 E. Sky Harbor Blvd.
Phoenix, AZ 85034

JetBlue Airways Corporation
Att'n: Customer Relations
P.O. Box 17435
Salt Lake City, UT 84117-0435

Federal Aviation Administration
800 Independence Avenue, SW
Washington, DC 20591

Transportation Security Administration
Office of Civil Rights and Liberties (TSA-6)
External Compliance Division
601 S. 12th Street
Arlington, VA 20598

The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500