Thursday, June 30, 2005

Combined Lists

  • The Combined Terrorist Watch Lists (out of the UK, apparently).

  • Wednesday, June 29, 2005

    Passport Fraud Detection Efforts

    Date: Wed, 29 Jun 2005 14:06:23 -0400

    Subject: Today's GAO Reports - June 29, 2005


    The Government Accountability Office (GAO) today released the following
    reports and testimonies:


  • State Department: Improvements Needed to Strengthen U.S. Passport
    Fraud Detection Efforts. GAO-05-477, May 20
    .

  • Highlights.

  • Wednesday, June 22, 2005

    TSA and EagleForce via Federal Register (admissions)

    [Federal Register: June 22, 2005 (Volume 70, Number 119)]
    [Notices]
    [Page 36319-36324]
    From the Federal Register Online via GPO Access [wais.access.gpo.gov]
    [DOCID:fr22jn05-202]


    [[Page 36319]]

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    Part VI





    Department of Homeland Security





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    Transportation Security Administration



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    Privacy Act of 1974; Systems of Records: Secure Flight Test Records;
    Privacy Impact Assessment; Secure Flight Test Phase; Notice


    [[Page 36320]]


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    DEPARTMENT OF HOMELAND SECURITY

    Transportation Security Administration

    [Docket No. TSA-2004-19160]


    Privacy Act of 1974; Systems of Records: Secure Flight Test
    Records; Privacy Impact Assessment; Secure Flight Test Phase

    AGENCY: Transportation Security Administration, DHS.

    ACTION: Notice to supplement and amend existing system of records and
    privacy impact assessment.

    -----------------------------------------------------------------------

    SUMMARY: The Transportation Security Administration is amending the
    Privacy Act System of Records for the Secure Flight Test Records system
    (DHS/TSA 017) and the Privacy Impact Assessment for the Secure Flight
    Test Phase.

    DATES: This action will be effective upon publication.

    FOR FURTHER INFORMATION CONTACT: Lisa S. Dean, Privacy Officer, Office
    of Transportation Security Policy, TSA Headquarters, TSA-9, 601 S. 12th
    Street, Arlington, VA 22202-4220; telephone (571) 227-3947.

    SUPPLEMENTARY INFORMATION:

    Background

    The Transportation Security Administration (TSA) established the
    Secure Flight Test Records system (DHS/TSA 017) on September 24, 2004
    (69 FR 57345), to cover records obtained or created in the course of
    testing the Secure Flight program. TSA also published on the same day a
    notice setting forth the Privacy Impact Assessment (PIA) prepared for
    the testing phase of the Secure Flight program (69 FR 57352). The
    Secure Flight program will implement the mandate of section 4012(a)(1)
    of the Intelligence Reform and Terrorism Prevention Act of 2004 (Pub.
    L. 108-458) requiring the Transportation Security Administration to
    assume from air carriers the function of conducting pre-flight
    comparisons of airline passenger information to Federal Government
    watch lists.
    TSA has described the testing of Secure Flight in previously-
    published documents (69 FR 57345, 57352, Sept. 24, 2004). TSA is
    issuing these revised versions of the System of Records Notice and PIA
    to provide additional detail regarding the Secure Flight testing
    program.
    In addition, TSA is amending the Secure Flight Test Records system
    to reflect the fact that TSA will not assert any Privacy Act exemptions
    for the system. In the system of records notice published on September
    24, 2004, TSA stated that it was claiming exemptions for portions of
    the system of records from the following provisions of the Privacy Act:
    5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G) and (H), and (f) pursuant
    to 5 U.S.C. 552a(k)(1) and (k)(2). TSA has not initiated a rulemaking
    to implement these exemptions from the Privacy Act, however, because it
    became clear from the nature of the records in the system that the
    exemptions were not necessary. Rather than claiming Privacy Act
    exemptions to withhold this information, TSA has released passenger
    name records (PNR) to individuals who have requested them under the
    Privacy Act and will continue to respond to such records requests, to
    the extent permitted by law. Therefore, TSA is amending the system of
    records and the PIA to reflect this practice.
    Finally, TSA is making a change to the system of records to reflect
    the change of the name of TSA's Office of National Risk Assessment to
    the Office of Transportation Vetting and Credentialing.

    Summary of Amendments to the Secure Flight Test Records System and the
    PIA

    TSA is amending the scope of the system of records notice and the
    PIA to clarify and describe with greater particularity the categories
    of records and categories of individuals covered by the Secure Flight
    Test Records system. The categories of records include PNRs enhanced
    with certain elements of commercial data that were provided to TSA for
    purposes of testing the Secure Flight program and include commercial
    data purchased and held by a TSA contractor, EagleForce Associates,
    Inc. (EagleForce), for purposes of the commercial data test. In
    addition, the categories of individuals covered by the system include
    individuals identified in commercial data purchased and held by
    EagleForce. Finally, TSA is clarifying that part of the Secure Flight
    test involves testing whether watch list matching could be more
    effective if the Government were to use certain limited additional data
    elements derived from commercial data to enhance PNRs.
    1. The complete revised Secure Flight Test records system follows:
    DHS/TSA 017

    System name:
    Secure Flight Test Records.

    Security Classification:
    Classified, sensitive.

    System Location:
    Records are maintained at: the Office of Transportation Vetting and
    Credentialing (OTVC), Transportation Security Administration (TSA),
    Department of Homeland Security, P.O. Box 597, Annapolis Junction, MD
    20701-0597; the OTVC assessment facility in Colorado Springs, Colorado;
    and at EagleForce Associates, Inc., McLean, VA.

    Categories of Individuals Covered by the System:
    (a) Individuals traveling within the United States by passenger air
    transportation on certain domestic flights completed in June 2004;
    (b) Individuals identified in commercial data purchased and held by
    a TSA contractor for purposes of comparing such data with the June 2004
    Passenger Name Records and testing the Secure Flight program;
    (c) Individuals known or reasonably suspected to be or have been
    engaged in conduct constituting, in preparation for, in aid of, or
    related to terrorism.

    Categories of Records in the System:
    (a) Passenger Name Records (PNRs) for certain passenger air
    transportation flights completed in June 2004 provided by aircraft
    operators in response to the Transportation Security Administration
    Order issued November 15, 2004 (69 FR 65625), (the June 2004 PNRs), the
    specific contents of which often vary by aircraft operator;
    (b) Information obtained from the Terrorist Screening Center about
    individuals known or reasonably suspected to be or to have been engaged
    in conduct constituting, in preparation for, in aid of, or related to
    terrorism;
    (c) Authentication scores and codes obtained from commercial data
    providers;
    (d) PNRs that were enhanced with certain fields of information
    obtained from commercial data--full name, address, date of birth,
    gender--and that were provided to TSA for purposes of testing the
    Secure Flight program;
    (e) Commercial data purchased and held by a TSA contractor for
    purposes of comparing such data with June 2004 PNRs and testing the
    Secure Flight program;
    (f) Results of comparisons of individuals identified in PNRs to
    watch lists obtained from the Terrorist Screening Center.

    Authority for Maintenance of the System:
    49 U.S.C. 114, 44901, and 44903.

    Purpose(s):
    The system will be used to test the Secure Flight program. The
    purpose of

    [[Page 36321]]

    the program is to enhance the security of domestic air travel by
    identifying passengers who warrant further scrutiny prior to boarding
    an aircraft. The purposes of testing the Secure Flight program are: (1)
    To test the Government's ability to process and compare passenger
    information against terrorist watch list information held by the
    Terrorist Screening Center (TSC) in the Terrorist Screening Database
    (TSDB); (2) to test the Government's ability to operate a streamlined
    version of the rule set used under the existing computer-assisted
    passenger prescreening system (CAPPS) currently used by aircraft
    operators; and (3) to test the Government's ability to verify the
    identities of passengers using commercial data and to improve the
    efficacy of watch list comparisons by making passenger information more
    complete and accurate using commercial data. For more detail on the
    purposes and conduct of the Secure Flight testing, please see the
    revised PIA for the Secure Flight Test Phase, which is published below.

    Routine Uses of Records Maintained in the System, Including Categories
    of Users and the Purposes of Such Uses:
    (1) To the Federal Bureau of Investigation where TSA becomes aware
    of information that may be related to an individual identified in the
    Terrorist Screening Database as known or reasonably suspected to be or
    having been engaged in conduct constituting, in preparation for, in aid
    of, or related to terrorism.
    (2) To contractors, grantees, experts, consultants, or other like
    persons when necessary to perform a function or service related to the
    Secure Flight program or the system of records for which they have been
    engaged. Such recipients are required to comply with the Privacy Act, 5
    U.S.C. 552a, as amended.
    (3) To the Department of Justice (DOJ) or other Federal agency in
    the review, settlement, defense, and prosecution of claims, complaints,
    and lawsuits involving matters over which TSA exercises jurisdiction or
    when conducting litigation or in proceedings before any court,
    adjudicative or administrative body, when: (a) TSA; or (b) any employee
    of TSA in his/her official capacity; or (c) any employee of TSA in his/
    her individual capacity, where DOJ or TSA has agreed to represent the
    employee; or (d) the United States or any agency thereof, is a party to
    the litigation or has an interest in such litigation, and TSA
    determines that the records are both relevant and necessary to the
    litigation and the use of such records is compatible with the purpose
    for which TSA collected the records.
    (4) To the National Archives and Records Administration (NARA) or
    other Federal agencies pursuant to records management inspections being
    conducted under the authority of 44 U.S.C. 2904 and 2906.
    (5) To a Congressional office from the record of an individual in
    response to an inquiry from that Congressional office made at the
    request of the individual.
    (6) To an agency, organization, or individual for the purposes of
    performing authorized audit or oversight operations.

    Disclosure to Consumer Reporting Agencies:
    None.

    Policies and Practices for Storing, Retrieving, Accessing, Retaining
    and Disposing of Records in the System:
    Storage:
    Records are stored electronically in a secure facility at the
    Office of Transportation Vetting and Credentialing (OTVC),
    Transportation Security Administration (TSA), Department of Homeland
    Security, P.O. Box 597, Annapolis Junction, MD 20701-0597; the OTVC
    assessment facility in Colorado Springs, Colorado; and at EagleForce,
    Inc., McLean, VA. The records are stored on magnetic disc, tape,
    digital media, and CD-ROM, and may also be retained in hard copy format
    in secure file folders.

    Retrievability:
    Data are retrievable by the individual's name or other identifier,
    as well as non-identifying information.

    Safeguards:
    Information in this system is safeguarded in accordance with
    applicable rules and policies, including any applicable OTVC, TSA, and
    DHS automated systems security and access policies. Access to computer
    systems containing the records in this system of records is limited and
    can be accessed only by those individuals who require it to perform
    their official duties. Safeguards also include a real time auditing
    function of individuals who access computer systems containing the
    records in this system of records. Classified information, if any, will
    be appropriately stored in a secured facility, in secured databases and
    containers, and in accordance with other applicable requirements,
    including those pertaining to classified information.

    Retention and Disposal:
    TSA has determined that the records contained in the Secure Flight
    Test records system are covered by NARA General Records Schedule (GRS)
    20, which applies to electronic records. It covers electronic files or
    records created solely to test system performance, as well as hard-copy
    printouts and related documentation for the electronic files/records.
    Under GRS 20, an agency may delete or destroy such records when the
    agency determines that they are no longer needed for administrative,
    legal, audit, or other operational purposes. In accordance with GRS 20,
    TSA has destroyed certain copies of the original PNRs provided by the
    air carriers. In addition, in accordance with applicable law, TSA plans
    to direct and document the destruction of the remaining PNRs and
    commercial data in its possession or in the possession of EagleForce as
    testing activities and analyses are completed.

    System Manager(s) and Address:
    Assistant Administrator, Secure Flight/Registered Traveler,
    Transportation Security Administration, P.O. Box 597, Annapolis
    Junction, MD 20701-0597.

    Notification procedure:
    See ``Record Access Procedure''.

    Record Access Procedure:
    DHS has determined that all persons may request access to
    information about them contained in the system by sending a written
    request to the TSA Privacy Officer, Transportation Security
    Administration (TSA-9), 601 South 12th Street, Arlington, VA 22202.
    To the extent permitted by law, such access will be granted.
    Individuals requesting access must comply with the Department of
    Homeland Security Privacy Act regulations on verification of identity
    (6 CFR 5.21(d)). Individuals must submit their full name, current
    address, and date and place of birth. Individuals must sign the request
    and the signature must either be notarized or submitted under 28 U.S.C.
    1746, a law that permits statements to be made under penalty of perjury
    as a substitute for notarization.

    Exemptions claimed for the system:
    None.
    2. The complete revised PIA follows:

    Secure Flight Test Phase Privacy Impact Assessment

    I. Introduction

    Pursuant to the authority granted by the Aviation and
    Transportation Security Act of 2001 (ATSA) and

    [[Page 36322]]

    section 4012(a)(1) of the Intelligence Reform and Terrorism Prevention
    Act of 2004 (IRTPA) (Pub. L. 108-458, 118 Stat. 3638, Dec. 17, 2004),
    TSA is developing a new program for screening domestic airline
    passengers in order to enhance the security and safety of domestic
    airline travel. Under this program, Secure Flight, the Transportation
    Security Administration (TSA) will assume from air carriers the
    function of conducting pre-flight comparisons of airline passenger
    information to the expanded and consolidated watch lists held in the
    Terrorist Screening Database (TSDB) maintained by the Terrorist
    Screening Center (TSC).\1\ On November 15, 2004, TSA issued an order
    directing U.S. aircraft operators to provide to TSA, by November 23,
    2004, a limited set of historical passenger name records (PNRs) for
    testing of the Secure Flight program.
    ---------------------------------------------------------------------------

    \1\ The Terrorist Screening Center (TSC), established in
    December 2003, maintains a consolidated, comprehensive watch list of
    known or suspected terrorists. This database can be used by
    Government agencies in screening processes to identify individuals
    known to pose or are suspected of posing a risk to the security of
    the United States.
    ---------------------------------------------------------------------------

    Because the test involves existing watch lists that are being
    consolidated and expanded in the TSC, the E-Government Act of 2002
    requires that a Privacy Impact Assessment (PIA) be conducted. The
    previously published PIA is being clarified and expanded to reflect
    more closely actual experience as the testing program has been
    conducted, refined and modified since September 2004. After the testing
    has been concluded and the results analyzed, TSA will update the PIA as
    necessary prior to actual implementation of the Secure Flight program.
    System Overview
    What information is to be collected and used for testing
    Secure Flight?
    In order to conduct testing, TSA obtained historic PNRs for
    individuals who completed domestic flight segments during the month of
    June 2004. PNR varies according to airline, but generally includes the
    following information fields: Full name, contact phone number, mailing
    address and travel itinerary. Also for purposes of the test, a TSA
    contractor, EagleForce Associates, Inc. (EagleForce), obtained
    commercial data from three commercial data aggregators. EagleForce
    contracted with each commercial data aggregator to identify records in
    its data bases associated with names in a sample set of PNRs and
    provide such records to EagleForce, but to provide only certain data
    elements associated with the names. Specifically, EagleForce requested
    the following data elements: First name; last name; middle name; home
    address; home phone number; date of birth; name suffix; second surname;
    spouse first name; gender; second address; third address; plus-four
    portion of Zip code; address type (residence, business, or mailing
    address); latitude of address; and longitude of address. In some cases
    the commercial data aggregators provided information that EagleForce
    did not request, such as social security numbers, due to the way the
    commercial data aggregators packaged their product. Although EagleForce
    loaded the commercial data provided by the commercial data aggregators
    onto a database, EagleForce has not queried or used any of the data
    elements that the commercial data aggregators provided over and above
    the specific data elements that EagleForce had specifically requested.
    Why is the information being collected and who will be
    affected by the collection of the data?
    TSA collected the information described above to test the Secure
    Flight program, the purpose of which is to enhance the security of
    domestic air travel by identifying only those passengers who warrant
    further scrutiny. TSA's test of the Secure Flight program has three
    objectives. The first objective is to test the Government's ability to
    process and compare passenger information against terrorist watch list
    information held by the TSC in the TSDB. The second objective is to
    test the Government's ability to operate a streamlined version of the
    rule set used under the existing computer-assisted passenger
    prescreening system (CAPPS) currently used by aircraft operators. The
    third objective is to test the Government's ability to verify the
    identities of passengers using commercial data and to improve the
    efficacy of watch list comparisons by making passenger information more
    complete and accurate using commercial data to enhance PNRs with
    elements such as full name, address, date of birth, and gender. TSA,
    through its contractor IBM, has compared the PNR with data maintained
    in the TSDB regarding individuals known or reasonably suspected to be
    or have been engaged in conduct constituting, in preparation for, in
    aid of, or related to terrorism. TSA is continuing watch list match
    testing through it contractor, Mitre, using the original PNRs provided
    by the air carriers. TSA also continues to conduct internal system
    testing of the watch list matching processes through Mitre and IBM.
    To prepare for the commercial data test, two statistically
    significant samples of the PNR data were extracted. One sample
    consisted of approximately 17,000 PNRs representing a cross section of
    air carriers and indicative of a typical PNR. A second sample was also
    developed that consisted of approximately 24,000 PNRs that contained
    dates of birth.
    The sample data sets, which represent PNRs from eight U.S. air
    carriers, were stored on CD-ROMs. These data sets are used to perform
    watch list match testing in connection with the first objective of the
    program described above.
    In addition, TSA hand delivered duplicates of the CD-ROMs
    containing the two sample PNR data sets to EagleForce. TSA also
    provided to EagleForce unparsed copies of other electronically stored
    June 2004 PNR data from the air carriers whose PNRs were included in
    the representative samples.
    In preparing for the commercial test, for each of the approximately
    42,000 names in the two sample sets of PNRs, EagleForce created up to
    twenty variations of a person's first and last names. Accordingly,
    EagleForce generated approximately 240,000 name variations derived from
    the approximately 42,000 names in the sample data sets. The original
    PIA and system of records notice did not discuss this process, because
    TSA had not developed its test plan with this level of detail at the
    time the documents were published.
    EagleForce submitted the original names and name variations to
    three commercial data aggregators: Insight America, Acxiom, and Qsent.
    Upon receipt of the information provided by the commercial data
    aggregators, EagleForce loaded the records into a database. In order to
    accomplish the third test objective identified above, Secure Flight
    undertook two steps. First, EagleForce compared information in the
    sample PNRs with certain data elements contained in the information in
    the commercial data records to attempt to identify instances when the
    data in the PNRs was incorrect or inaccurate. In the course of this
    activity, EagleForce used only those data elements that it had asked
    the commercial data aggregators to provide. EagleForce did not use any
    of the data elements that the commercial data aggregators had provided
    beyond the specific data elements that EagleForce had specifically
    requested.
    Second, to further test accuracy through verification testing,
    EagleForce used certain records obtained from the three commercial data
    aggregators to enhance the sample PNR data in cases

    [[Page 36323]]

    where PNRs were missing data. If a PNR in the sample data did not have
    complete information on a subject's full name, date of birth, address,
    gender, or one of the other categories of data that EagleForce
    specifically requested from the commercial data aggregators, EagleForce
    attempted to incorporate that data from the commercial data records,
    thereby ``enhancing'' the PNRs with these specific elements. However,
    EagleForce did not use the following data elements to enhance PNRs:
    spouse first name; latitude of address; and longitude of address.
    EagleForce then produced CD-ROMs containing the PNRs enhanced with the
    additional data elements and provided those CD-ROMs to TSA for use in
    watch list match testing. TSA currently retains the CD-ROMs containing
    the enhanced PNRs and stores these CD-ROMS when they are not in use in
    a controlled access safe. TSA provided for a limited period of time the
    CD-ROMs containing the enhanced PNRs to employees of TSA's contractor
    charged with conducting watch list testing (IBM), to determine whether
    using commercial data to enhance passenger information could lower the
    number of instances in which a person appears to be a match to the
    TSDB, but is not (a false positive) or appears not to be a match, but
    in fact is (a false negative).
    The categories of individuals covered by the data collection are:
    individuals who traveled within the United States during June 2004 by
    passenger air transportation and whose PNRs were provided by aircraft
    operators in response to the Transportation Security Administration
    Order issued November 15, 2004 (69 FR 65625); individuals identified in
    commercial data purchased and held by a TSA contractor for purposes of
    testing the Secure Flight program; and individuals known or reasonably
    suspected to be or have been engaged in conduct constituting, in
    preparation for, in aid of, or related to terrorism.
    TSA has not and will not use the results of its testing for any
    purpose other than analysis of the efficacy of the program unless there
    is an indication during the testing of terrorist or possible terrorist
    activity. In such a case, appropriate action will be taken, which may
    include providing information in the system of records to relevant law
    enforcement agencies. To date no such action has been warranted.
    What notice or opportunities for consent are provided to
    individuals regarding the information that is collected and shared?
    The original Privacy Act System of Records Notice and PIA, as well
    as the revised versions of each document, provide notice of the scope,
    purposes, and effect of the test phase of the Secure Flight program.
    Because the test phase uses historical PNR from the month of June 2004
    for flights that were completed by the end of that month, as well as
    data residing in commercial databases that already had been collected
    prior to the test, the notice given did not afford the opportunity for
    these individuals to provide consent in advance of this collection.
    Nevertheless, Secure Flight has been the subject of Congressional
    testimony, public statements by TSA officials, and numerous media
    reports that convey additional notice, including information that
    appears on the TSA Web site at http://www.tsa.gov/public/.

    The information collected has been shared with TSA employees and
    contractors who have a ``need to know'' in order to conduct the
    required test comparisons. All TSA contractors involved in the testing
    of Secure Flight are contractually and legally obligated to comply with
    the Privacy Act in their handling, use and dissemination of personal
    information in the same manner as TSA employees.
    If a comparison using the test data indicates that an individual is
    suspected of terrorism, TSA will refer the information to appropriate
    law enforcement personnel for further action. Referrals will only
    occur, however, in this limited circumstance because the basic purpose
    of this information collection is to test the Secure Flight program. To
    date, no such referrals have been warranted.
    What security protocols are in place to protect the
    information?
    TSA has employed data security controls, developed with the TSA
    Privacy Officer, to protect the data used for Secure Flight testing
    activities. Information in TSA's record systems is safeguarded in
    accordance with the Federal Information Security Management Act of 2002
    (Pub. L. 107-347), which established Government-wide computer security
    and training standards for all persons associated with the management
    and operation of Federal computer systems. The systems on which the
    tests are or have been conducted were assessed for security risks, have
    implemented security policies and plans consistent with statutory,
    regulatory and internal DHS guidance.
    Prior to accepting custody of the PNR data, TSA established chain-
    of-custody procedures for the receipt, handling, safeguarding, and
    tracking of access to the PNR data and TSA maintained the data at its
    secure facility in Annapolis Junction, Maryland. Access to the data was
    limited to individuals with a need for access in order to conduct
    testing activities.
    Records of transmission of PNR data to EagleForce were maintained
    by TSA's security officers. EagleForce had measures in place to control
    access and handling of PNR data. In addition, EagleForce employees
    completed training for handling sensitive information and entered into
    non-disclosure agreements covering all data provided by the Government
    for use during the test. Copies of these agreements are maintained by
    TSA's security office.
    TSA and its contractors maintain the PNRs and the limited
    commercial data collected for the test in a secure facility on
    electronic media and in hard copy format. The information is protected
    in accordance with rules and policies established by both TSA and DHS
    for automated systems and for hard copy storage, including password
    protection and secure file cabinets. Moreover, access is strictly
    controlled; only TSA employees and contractors with proper security
    credentials and passwords will have permission to use this information
    to conduct the required tests, on a need-to-know basis. Additionally, a
    real time audit function is part of this record system to track who
    accesses the information resident on electronic systems during testing.
    Any infractions of information security rules will be dealt with
    severely. None has occurred to date. All TSA and assigned contractor
    staff receive DHS-mandated privacy training on the use and disclosure
    of personal data. The procedures and policies that are in place are
    intended to ensure that no unauthorized access to records occurs and
    that operational safeguards are firmly in place to prevent system
    abuses.
    Does this program create a new system of records under the
    Privacy Act?
    On September 24, 2004, TSA established a new Privacy Act system of
    records, known as the Secure Flight Test Records system of records,
    DHS/TSA 017, for purposes of Secure Flight testing activities (69 FR
    57345). TSA has amended and supplemented that system of records to
    clarify the original system of records notice with additional detail on
    the Secure Flight testing activities.
    What is the intended use of the information?
    The information collected by TSA and TSA contractors has been and
    will be used solely for the purpose of testing the Secure Flight
    program, as described in this PIA, and will be maintained in a Privacy
    Act system of records in

    [[Page 36324]]

    accordance with the published system of records notice for DHS/TSA 017.
    Will the information be retained and, if so, for what
    period of time?
    TSA has determined that the records contained in the Secure Flight
    Test Records system are covered by NARA General Records Schedule (GRS)
    20, which applies to electronic records. It covers electronic files or
    records created solely to test system performance, as well as hard-copy
    printouts and related documentation for the electronic files/records.
    Under GRS 20, an agency may delete or destroy such records when the
    agency determines that they are no longer needed for administrative,
    legal, audit, or other operational purposes. In accordance with GRS 20,
    TSA has destroyed certain copies of the original PNRs provided by the
    air carriers. In addition, TSA, in accordance with applicable law,
    plans to direct the destruction of the remaining PNRs and commercial
    data in its possession or in the possession of EagleForce as testing
    activities and analyses are completed.
    How will the passenger be able to seek redress?
    During the test phase individuals may request access to information
    about themselves contained in the PNR subject to Secure Flight test
    phase by sending a written request to TSA. To the extent permitted by
    law, access will be granted. If an individual wishes to contest or
    amend the records received in this manner, he or she may do so by
    sending that request to TSA. The request should conform to DHS
    requirements for contesting or amending Privacy Act records, and should
    be sent TSA Privacy Officer, Transportation Security Administration
    (TSA-9), 601 South 12th Street, Arlington, VA 22202. Before
    implementing a final program, however, TSA will create a robust redress
    mechanism to resolve disputes concerning the Secure Flight program.
    What databases will the names be compared to?
    TSA has compared the names against the TSDB, which is a
    consolidated, comprehensive watch list of known or suspected
    terrorists. This database can be used by Government agencies in
    screening processes to identify individuals known to pose or are
    suspected of posing a risk to the security of the United States. This
    consolidated database contains information contributed by the
    Departments of Homeland Security, Justice, and State and by the
    intelligence community. Because information related to terrorists is
    consolidated in the TSDB, TSA believes that the TSDB provides the most
    effective and secure system against which to run airline passenger
    names for purposes of identifying whether or not they are known or
    reasonably suspected to be engaged in terrorism or terrorist activity.
    TSA's contractor has compared names with information provided by
    commercial data aggregators to identify commercial data records from
    which to enhance PNRs for purposes of the Secure Flight test.
    Privacy Effects and Mitigation Measures.
    The decision to initiate Secure Flight followed completion of a
    thorough review of the TSA's next generation passenger prescreening
    program and the mandate of section 4012(a)(1) of the IRTPA.
    Testing has been and continues to be governed by strict privacy and
    data security protections. TSA will defer any decision on how
    commercial data might be used in its prescreening programs, as Secure
    Flight, until the completion of the test period, assessment of the test
    results and publication of a subsequent System of Records Notice under
    the Privacy Act announcing the intended use of such commercial data.
    TSA has taken action to mitigate privacy risk by designing its test
    activities to address concerns expressed by privacy advocates, foreign
    counterparts and others. Under the Secure Flight testing phase, TSA did
    not require air carriers to collect any additional information from
    their passengers than was already collected by such carriers and
    maintained in passenger name records. TSA has adopted and carried out
    stringent data security and privacy protections, including contractual
    prohibitions on commercial entities' maintenance or use of airline-
    provided PNR information for any purposes other than testing under TSA
    parameters; real time auditing procedures to determine when data within
    the Secure Flight system has been accessed and by whom; and strict
    rules prohibiting the accessing or use of commercial data by TSA
    employees.
    TSA will assess test results prior to any operational use of
    commercial data in TSA programs to determine whether its use is
    effective in verifying passenger identity or enhancing watch list
    comparisons, justifies the associated costs, does not result in
    disparate treatment of any class of individuals, and that data security
    protections and privacy protections are robust and effective.
    TSA also recognizes that there is a privacy risk inherent in the
    design of any new system which could result from design mistakes. By
    testing the proposed Secure Flight program, TSA has had the opportunity
    to modify the program design in ways to enhance protection of
    individuals' privacy interests before the program becomes fully
    operational, ensuring a better program. TSA is purposely testing the
    Secure Flight system and will be carefully scrutinizing the performance
    of the system during the test phase--and conducting further analysis
    upon completion--to determine the effectiveness of Secure Flight both
    for passenger prescreening as well as for protecting the privacy of the
    data on which the program is based. By following strict rules for
    oversight and training of personnel handling the data as well as strong
    system auditing to detect potential abuse and a carefully planned and
    executed redress process, TSA will continue to ensure that privacy is
    an integral part of the program once it becomes operational, as it has
    been during testing. TSA's efforts have been and continue to be
    thoroughly examined internally, including review by the TSA Privacy
    Officer and the DHS Chief Privacy Officer. In this process, TSA will
    carefully review constructive feedback it receives from the public on
    this important program.

    Issued in Arlington, Virginia, on June 17, 2005.
    Lisa S. Dean,
    TSA Privacy Officer.
    [FR Doc. 05-12405 Filed 6-17-05; 5:02 pm]
    BILLING CODE 4910-62-P

    Tuesday, June 21, 2005

    TSA admission

  • TSA admits surveillance of June Travelers.

  • Monday, June 20, 2005

    The TSA and EagleForce=Nazis

    Jun. 20, 2005 12:21 PM

    WASHINGTON - A federal agency collected extensive personal information about airline passengers although Congress told it not to and it said it wouldn't, according to documents obtained Monday by the Associated Press.

    A Transportation Security Administration contractor used three data brokers to collect detailed information about U.S. citizens who flew on commercial airlines in June 2004 in order to test a terrorist screening program called Secure Flight, according to documents that will be published in the Federal Register this week.

    The TSA had ordered the airlines to turn over data on those passengers, called passenger name records, in November.




    The contractor, EagleForce Associates, then combined the passenger name records with commercial data from three contractors that included first, last and middle names, home address and phone number, birthdate, name suffix, second surname, spouse first name, gender, second address, third address, ZIP code and latitude and longitude of address.

    EagleForce then produced CD-ROMS containing the information "and provided those CD-ROMS to TSA for use in watch list match testing," the documents said.

    According to previous official notices, TSA had said it would not store commercial data about airline passengers.

    The Privacy Act of 1974 prohibits the government from keeping a secret database.

    "I'm just floored," said Tim Sparapani, a privacy lawyer with the American Civil Liberties Union. "This is like creating an FBI file, not just some simple check, and then they're storing the data."

    TSA spokesman Mark Hatfield said the program was being developed with a commitment to privacy, and that it was routine to change the official definition of a system of records during a test phase.

    Saturday, June 18, 2005

    Passengers complaining of privacy breach have their suit against AMR dismissed

    Plaintiffs who claim an American Airlines affiliate illegally disclosed their personal information to federal officials and several private contractors have had their case dismissed by a federal judge in Fort Worth, Texas.


    In re American Airlines Inc. Privacy Litigation, Nos. 3:04-MD-1627-D, 3:04-cv-0750-D, 3:04-cv1148-D and 3:04-cv-2564-D, 2005 WL 1231915 (N.D. Tex., Fort Worth Div. May 25, 2005).
    Computer & Internet Litigation Reporter
    Volume 23, Issue 01

    Friday, June 17, 2005

    Iris Recognition Technology Report to TSA, May 2005

  • IRIS recognition technology, report to TSA.

  • Secret databases being created on Americans

    The Wall Street Journal

    June 16, 2005


    "TSA became aware that, through Secure Flight, there were essentially secret databases being created on Americans, and that's a very clear violation of the Privacy Act," said Marc Rotenberg, the executive director of the Electronic Privacy Information Center, a Washington, D.C., advocacy group.

    Secure Flight is scheduled to begin with two airlines participating in August, and is to include all American carriers by the end of 2006, Mr. Oberman said. The TSA has chosen the first two airlines but has not yet announced who they are.

    Late yesterday, representatives of UAL Corp.'s United Airlines, US Airways Group Inc., Southwest Airlines, and Delta Air Lines said THEY weren't participating in the rollout. (who does that leave, hum?)


  • URL for this article.

  • Thursday, June 16, 2005

    Raul's veil of ignorance

  • Privacy Issues and Secure Flight.

  • Monday, June 13, 2005

    Passenger Opinions

  • Passenger Opinions of Airport Security (from the Bureau of Transportation Statistics.

  • Tuesday, June 07, 2005

    The 9th Circuit upholds airport search

    U.S. 9TH CIRCUIT COURT OF APPEALS


    US v. Marquez, No. 04-30243 (9th Cir. June 07, 2005)
    An airport screening procedure subjecting passengers randomly to a
    handheld magnetometer wand scan, in addition to the standard
    walkthrough magnetometer and x-ray luggage scan, is reasonable under
    the Fourth Amendment.

    To read the full text of this opinion, go to:

    [PDF File]
  • USvMarquez, pdf file.

  • Sunday, June 05, 2005

    Canadian holdout

  • Canada has reservations!.

  • Friday, June 03, 2005

    Chertoff charged with attempting to "chill" the free speech of Air Marshals

  • See the complaint.

  • Brill's VIPPass backpedals relationship with ChoicePoint after security breach

  • I see, and . . so. . .how many participation points do I get?.

  • Virgin Atlantic falsely squawks hijack number

  • Oops!.

  • Brill's VIPPass wins Orlando contract

  • speed pass.