Nov 26 2008

Border Agents Begin Using “Long-Range” RFID Scanners on ID Cards

USA Today has a story on the new long-range RFID scanners reading ID cards as individuals drive toward the border.

“By the time a car stops at the Customs booth, the agent will have the photos and information of everyone in the car. If a name is on a watch list or database, the person will be taken in for questioning. The system will be “more efficient,” says Thomas Winkowski of Customs and Border Protection.”

DHS claims that the unsecured wireless transmissions will make border crossing more efficient, but why is Homeland Security choosing speed over security.

As we’ve explained before, there are numerous privacy and civil liberty problems connected with using RFID tags in identification documents. Off-the-shelf readers can easily skim the data.

Currently, the RFID-enabled ID cards only transmit a unique number to allow border agents to pull up an individual’s file. However, the Department of Homeland Security could easily add more data to the ID card, especially if the agency can convince people to use the RFID-enabled card as an “all-in-one” identification document – where you could use it when you go to the bank, grocery store, gym, school, and more. Read More

Nov 24 2008

Records Schedule for Secure Flight Program Before NARA For Comment and Review Process

NARA (National Archives) published notice in the Federal Register on October 27, 2008, of TSA’s submission to them (see Schedule Pending #3) of a proposed Records Schedule for Secure Flight Program. The actual Proposed Schedule was not published in the Register, only notice that you can request it and file comments on whether NARA should approve it. The 30 day window to request from NARA a copy of this proposed Records Schedule, along with NARA’s associated appraisal reports, closes November 26. This can be done easily via email – see my request below. After providing a requester with these documents, NARA must wait 30 days for the requester to file comments – and to take all comments into account prior to deciding whether to approve the schedule. Destruction of records requires the approval by NARA of a Records Schedule – see 44 U.S.C. Chapter 33 Disposal of Records. Presumably TSA wouldn’t start collecting domestic airline passenger records under Secure Flight, for program testing purposes or otherwise, without the ability to legally destroy them.

Making a request to NARA for TSA’s Secure Flight Records Schedule, and participating in the comment process, sends a message to NARA that the public is interested and concerned about TSA building files on the travel history of ordinary Americans. To make this request, cut and paste this into an email to:

To: request.schedule@nara.gov
Subject: records schedule request

Greetings NARA,

I request a copy of the proposed / pending records schedule and all associated appraisal reports for the following:

Control Number:N1-560-08-3

Notice of the requested pending records schedule was published in the Federal Register: October 27, 2008 (Volume 73, Number 208) and reads in pertinent part as follows:

Department of Homeland Security, Transportation Security
Administration (N1-560-08-3, 8 items, 7 temporary items). Master files
for Secure Flight, an electronic information system used to conduct
pre-flight checks of passengers and non-traveling individuals involved
in passenger aviation for the purpose of detecting individuals who may
pose a terrorist threat. Proposed for permanent retention are planning
and implementation files documenting the creation of the Secure Flight
program and its major policy decisions.

Please confirm via return email that you have received this request. You may either respond to this request by scanning and emailing the requested documents to me at (insert your email address) or by mailing the documents to:

(insert your mailing address)

Should you have any questions, please call me at (insert your phone number).

Thank you,

(insert your name)

Nov 10 2008

The Obama Administration and the Right to Travel

The Obama Administration promises change, and invites suggestions for their agenda.

Since they’ve asked, here are the first things we think the new administration should do to restore our right to travel, and to address the issues of ID requirements and identity-based government surveillance and control of travel and movement.

Some of these can be accomplished with the stroke of a pen on Inauguration Day in January, through Presidential proclamations and directives to Executive staff and agencies.  Others can be ordered by the President, but will require a slightly longer process to comply with administrative notice and comment requirements for changes to (and, in many cases, withdrawal of) Federal regulations.  Others will require legislation, which we urge the Presidential transition team and members of Congress to begin drafting so they can take action early in the new Congressional session. If asked, we would be available to advise and participate in this process. Finally, Senators should question nominees for Executive appointments —especially those nominated to be the new Secretary of Homeland Security and the Administrator of the TSA – about how they will address specific, important issues from the day they take office. These questions are detailed below (and also available here in PDF format).

Executive Orders:

  1. Reaffirm Executive Order 13107 on Implementation of Human Rights Treaties, and instruct heads of agencies to ensure that it is carried out.  As part of his agenda, President-Elect Obama has promised to “strengthen civil rights enforcement,” and this should include enforcement of rights guaranteed by international human rights treaties to which the U.S. is a party.  In particular, President-Elect Obama should extend Executive Order 13107 to explicitly mandate consideration of international human rights treaties in Federal agency rulemakings that could implicate rights protected under those treaties — such as the freedom of movement guaranteed by Article 12 of the International Covenant on Civil and Political Rights (ICCPR). Read More