Jan 17 2020

Is the TSA “screening” for threats to aviation, or for cash and drugs?

A class-action lawsuit filed this week in Pittsburgh by the Institute for Justice, Brown v. TSA, exposes the dirty non-secret that TSA checkpoints are used primarily as drug checkpoints  and as a revenue center for law enforcement agencies, not to protect aviation.

Warrantless, suspicionless dragnet administrative searches at TSA checkpoints are justified as measures to “screen” travelers for weapons, explosives, and other threats to aviation.

When the actions of TSA Transportation Security “Officers” are challenged in court, the TSA has claimed that its “Officers” are not the “officers” referred to in the Federal Tort Claims Act (“any officer of the United States who is empowered by law to execute searches, to seize evidence, or to make arrests for violations of Federal law”) ; conduct only limited administrative searches for weapons, explosives, and threats to aviation; do not have any authority to conduct searches for any other purpose; and neither have nor exercise authority to arrest or seize travelers.

In practice, however, the primary use of TSA checkpoints by the government is to “screen” travelers for drugs and cash, and to seize and expropriate illegal drugs, drug-related cash, and all “large” sums of cash being carried by airline passengers, regardless of the presence or absence of any evidence linking that cash to illegal drugs or any other illegal activity.

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Jan 02 2020

Drivers’ license data sold to businesses, given to Feds

As we start the year of the once-a-decade US Census, it’s an appropriate time to start looking at some of the ways and the purposes for which data — including drivers license data — is used and shared by the Bureau of the Census.

State agencies that issue drivers’ licenses want us not to object to their demands for more and more personal information about matters unrelated to driving — digital photos, scans of birth certificates and social security cards, etc. — in order to obtain drivers’ licenses that comply with the Federal REAL-ID Act.

State driver licensing agencies say we shouldn’t worry — notwithstanding the requirement of the REAL-ID Act that drivers’ license and state ID data be made available electronically to all other states — because this data will only be shared “as permitted by law”.

But what does that mean? What sharing of this data does the law permit?

Recent reports show that drivers’ license data can be, and is, widely shared with both commercial entities and Federal agencies — including the Bureau of the Census, which will be conducting the decennial census in 2020 — for purposes unrelated to motor vehicle operation or drivers’ licenses. Both Federal and state agencies say that all of this is permitted by the Drivers Privacy Protection Act (DPPA).

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