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TSA SOP re: airport ID requirements provided to IDP via FOIA request

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Old Aug 5, 2009, 10:36 am
  #46  
 
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Originally Posted by doober

Perhaps the public really is finally getting fed up with the TSA.
The same public that was spouting "anything for security" drivel and calling us names when we tried to express our views.
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Old Aug 5, 2009, 2:39 pm
  #47  
 
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Originally Posted by doober
This is interesting:



Perhaps the public really is finally getting fed up with the TSA.
No, it's a way to blame the public for the agency's shortcomings. Since you can't prove them to be misstating facts, you have to accept what they say.

The mantra of government bureaucrats is to blame someone else.
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Old Aug 5, 2009, 2:51 pm
  #48  
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Originally Posted by Global_Hi_Flyer
No, it's a way to blame the public for the agency's shortcomings. Since you can't prove them to be misstating facts, you have to accept what they say.

The mantra of government bureaucrats is to blame someone else.
Guess I'm too much of a Pollyanna, huh?
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Old Aug 5, 2009, 5:10 pm
  #49  
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Last edited by Bart; Sep 18, 2009 at 6:08 pm
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Old Dec 4, 2009, 9:33 am
  #50  
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status update: TSA passenger search/interrogation SOP FOIA request (internal review)

My June 16, 2009, FOIA request for TSA's airport passenger search & interrogation procedures is reportedly in the "internal review" process. I've been notified that the standard operating procedures I requested did not change between the time of my request and November 23, 2009, when my case was forwarded for internal review.

Originally Posted by pmocek
Today, I submitted a FOIA request to DHS for copies of any documents pertaining to TSA policies regarding discovery and verification of identities of passengers by TSA staff at airports in the United States.
Originally Posted by pmocek
today I placed a new request for the TSA Screening Management SOP manual.
Originally Posted by pmocek
I recently received notice that my request (TSA09-0624) will require TSA to invoke the 10-day extension allowed by FOIA to the 20-business-day period in which they are required to comply.

Oddly, though I requested (at warning1369's suggestion) TSA's "Screening Management SOP manual" then at the FOIA officer's request, clarified that to mean "a written description of procedures [their] staff use at airport checkpoints when searching and interrogating people who are stopped by [their] staff at those checkpoints" they now say that my request seeks numerous documents that will necessiate a thorough and wide-ranging search.

Is there not such a thing as the Screening Management SOP Manual? I figured they'd just pull one document, redact it as necessary, and pass it along.
Two days ago, I wrote to the TSA FOIA office:

From: Phillip Mocek
Sent: Wednesday, December 02, 2009 12:47 PM
To: TSA FOIA Officer
Subject: FOIA: request status of TSA09-0624; will info be outdated by timeof fulfillment?

Please describe the current status of FOIA request TSA09-0624.

Also, should I expect documents responsive to my request that were current at the time of the request, or at are current at time of the fulfillment of that request? I understand that policies change with time, and it has been nearly six months since I filed my request.
Today, TSA responded:

Date: Fri, 4 Dec 2009 11:02:12 -0500
From: TSA FOIA Office
Subject: RE: FOIA: request status of TSA09-0624; will info be outdated by timeof fulfillment?
To: Phillip Mocek

Mr. Mocek,

Your FOIA case was forwarded for internal review on November 23, 2009. The SOP that you requested has not changed since the date of your request. So, yes, you should expect the document responsive to your request that was current at the time your request was rendered.

We apologize for the delay, please bear with us. Your request is in the "internal review" process.

Thanks,

TSA FOIA Office
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Old Dec 5, 2009, 11:10 am
  #51  
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cross-reference related FT post

see also: FT: "FOIA request for rules TSA requires passengers follow at airport checkpoint; advice?", December 5, 2009
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Old Feb 5, 2010, 7:46 am
  #52  
 
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Originally Posted by pmocek
The Identity Project recently announced that they have received, via FOIA request placed in July of 2008, a copy of TSA's standard operating procedure as it pertains to attempts to verify passengers' identities prior to their crossing airport checkpoints.
I just noticed that the document received by the Identity Project was part of the same TSA Screening Management SOP that was "redacted" on the web. Interestingly, what was "classified" as SSI was not consistent. One considered certain words SSI and the other did not, and vice-versa.

And the TSA said that the SOP requested had not changed from June to November 2009. This should be referring to the same "redacted" SOP, which the TSA has told us has changed six? times since its release, but not one of those changes was during June-November 2009?
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Old Feb 5, 2010, 10:08 am
  #53  
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cross-reference related FT posts

Originally Posted by ND Sol
I just noticed that the document received by the Identity Project was part of the same TSA Screening Management SOP that was "redacted" on the web.
From elsewhere:
2009-12-10:
Originally Posted by ehasbrouck
The Identity Project has posted an analysis of what we think is significant about the Screening Management SOP (including a comparison with the redacted excerpts we obtained earlier under FOIA) and an update on our pending FOIA appeal for the current Screening Management SOP and our other pending FOIA requests for other screening SOPs and related documents:

http://www.papersplease.org/wp/2009/...ld-procedures/

Originally Posted by ND Sol
And the TSA said that the SOP requested had not changed from June to November 2009. This should be referring to the same "redacted" SOP, which the TSA has told us has changed six? times since its release, but not one of those changes was during June-November 2009?
TK did some comparison:

Originally Posted by Trollkiller
Originally Posted by sbm12
The official response I have received from my contact at the TSA is that the version posted was never implemented and there have been six implemented revisions since that time. I've asked a couple follow-up questions. We'll see how far they go or if she starts to simply ignore me at some point.
Ask your contact if this version was never implemented, why the TSA released a portion of this document in response to a FOIA request by papersplease.org

http://www.papersplease.org/wp/wp-co...tsa_id_sop.pdf

http://www.rebelmodel.com/tsa/REDACTED_SOP_NO_SSI.pdf

Compare for yourself.
Originally Posted by Trollkiller
I just gave the papersplease.org's FOIA copy and the "never issued" copy a thorough comparison. I printed out the papersplease copy and used Adobe Acrobat Professional to read the "never issued" copy aloud. (cool feature) I read along with the papersplease copy and verified every word.

The text is the EXACT same. The only differences between the two is formatting.

When the papersplease FOIA request was processed the clerk copy pasted the relevant text from the master into the SOP template. By using a different font size than the "never issued" copy caused the page breaks to be different. The part of the document that states the Revision number, Date, Implementation date, and Sensitive Security Information is a header. The SSI claim at the bottom is a footer.

This header and footer are part of a generic template used for the Mangement SOP SSI requests for this revision. Note the lack of page numbering on the papersplease copy.

The "never issued" document contains the proper page numbering. If the page numbering was redacted there would have been a black mark on the papersplease copy.

The missing "B" on the papersplease document was due to the clerk missing that paragraph on the initial copy paste. When the clerk corrected for the missing paragraph they failed to include the "B".

As for the difference in redaction, that would be because the people redacting were different and the purpose of the redaction was different. One was in response to a FOIA request and the other was in response to a bid.

I will have to disagree with your source and Blogger Bob's claim that this document was never issued. If by some chance this document was not issued then the revision number would have been different than the one on the papersplease copy.

Originally Posted by pmocek
Originally Posted by Trollkiller
I will have to disagree with your source and Blogger Bob's claim that this document was never issued. If by some chance this document was not issued then the revision number would have been different than the one on the papersplease copy.
Nice work, Trollkiller.

To clarify, when Trollkiller refers to "the papersplease copy" he means the copy that was published on the Web site of the Identity Project. IDP's Internet domain is papersplease.org. They are part of the First Amendment Project, a 501(c)(3) non-profit. IDP provides advice, assistance, publicity, and legal defense to those who find their rights infringed, or their legitimate activities curtailed, by demands for identification and build public awareness about the effects of ID requirements on fundamental rights, and are building a central repository of information relating to identity-based domestic security programs.
Also related:

2009-12-11:
Originally Posted by ehasbrouck
The Identity Project has filed a formal complaint with the DHS and TSA Offices of Civil Liberties against the blatant discrimination on the basis of national origin in the Screening Management SOP:

http://www.papersplease.org/wp/2009/...iscrimination/

2009-12-15:
Originally Posted by ehasbrouck
The TSA has acknowledged the Identity Project FOIA request for additional information about its procedures, but has given itself an extension of time and has denied our request for a waiver of fees on the boilerplate grounds -- clearly inappropriate in this case -- that this information doesn't concern government operations, that disclosure of these procedures isn't likely to contribute significantly to public understanding of government operations or activities, and that the interest of the Identity Project (which the TSA admits is a media organization, and which is a project of a tax-exempt non-profit educational and charitable organization) is primarily commercial.

2009-12-18:
Originally Posted by ehasbrouck
The identity Project has filed a follow-up FOIA request for the 12 other SOPs mentioned by Ms. Rossides in her testimony, for all SOPs regardless of number, and for the list and index of all SOPs.
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Old Apr 28, 2010, 11:24 am
  #54  
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status update on TSA passenger search/interrogation SOP FOIA request (still pending)

Regarding my June 15, 2009, FOIA request for TSA's airport passenger search & interrogation procedures:

Yesterday, I sent the following message to the TSA FOIA office:

Date: Tue, 27 Apr 2010 07:51:35 -0700
From: Phillip Mocek
To: FOIA <[email protected]>
Cc: "Janet, Kevin <TSA FOIA>" <[email protected]>
Subject: Re: FOIA: request status of TSA09-0624

On Tue, Apr 27, 2010 at 09:09:07AM -0400, FOIA wrote:
> Your FOIA request is currently in management review.

Thank you. Could you please answer the questions I asked on April
6, then repeated on April 13, and again on April 23? Those were:

1. In January, you reported that the request had been processed.
Was that incorrect, or is it presently being processed a second
time? (On April 6, you wrote that the request was being
processed.)

2. Has the internal review process that began on November 23,
2009, that which was still happening on December 4, 2009, and was
still happening on January 25, 2010 been completed?

Also:

3. How long do you estimate that the management review currently
underway will take?

4. Will my request be fulfilled once the management review is
completed?


Previously, you've written the following about this request:

On Wed, Aug 05, 2009 at 11:05:08AM -0400, FOIA wrote:
> We are diligently processing your FOIA request. Due to the
> increasing number of FOIA request received by this office; we
> have encountered some delay in processing your request.

On Wed, Sep 30, 2009 at 09:49:26AM -0400, FOIA wrote:
> We are currently processing your case.

On Mon, Nov 09, 2009 at 07:53:35AM -0500, FOIA wrote:
> Your file is currently being review by another component.

On Fri, Dec 04, 2009 at 11:02:12AM -0500, FOIA wrote:
> Your FOIA case was forwarded for internal review on November 23,
> 2009. [...] Your request is in the "internal review" process.

On Mon, Jan 25, 2010 at 11:14:44AM -0500, FOIA wrote:
> Your FOIA has been processed and is currently in the "internal
> review" process. Once the internal review is completed a
> response will be sent to you as soon as possible.

On Mon, Feb 22, 2010 at 02:04:53PM -0500, FOIA wrote:
> Your FOIA has been processed and is currently being reviewed by
> TSA management before a response can be sent to you.

On Tue, Apr 06, 2010 at 04:00:40PM -0400, FOIA wrote:
> Your request is currently being processed.

On Tue, Apr 27, 2010 at 09:09:07AM -0400, FOIA wrote:
> Your FOIA request is currently in management review.

--
Phillip Mocek

Last edited by pmocek; May 3, 2010 at 11:00 am Reason: fix date: req sent feb 15, followup info was feb 16
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Old Apr 28, 2010, 11:40 am
  #55  
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I bet they just hate people who keep accurate records.
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Old Apr 28, 2010, 4:12 pm
  #56  
 
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Kinda reminds ya of the kid's game "ring around the rosie"!
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Old May 3, 2010, 10:59 am
  #57  
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status update on TSA passenger search/interrogation SOP FOIA request (still pending)

Regarding my June 15, 2009, FOIA request for TSA's airport passenger search & interrogation procedures:

Today, I sent the following message to the TSA FOIA Office, DHS FOIA Office, and TSA leadership:

Code:
Date: Mon, 3 May 2010 09:55:33 -0700
From: Phillip Mocek 
To: Kevin Janet - TSA FOIA Officer <Kevin.Janet%AT%dhs.gov>
Cc: TSA FOIA Office <FOIA.tsa%AT%dhs.gov>, DHS FOIA Office <foia%AT%dhs.gov>,
        Mary Ellen Callahan - DHS Chief FOIA Officer <mary.ellen.callahan%AT%dhs.gov>,
        "Robert S. Bray - TSA Acting Deputy Administrator" <robert.bray%AT%dhs.gov>,
        Gail Rossides - TSA Acting Administrator <gail.rossides%AT%dhs.gov>
Subject: Re: FOIA: request status of TSA09-0624 (placed June, 2009)

Mr. Janet:

Could you please answer the questions I asked on April 6, then
repeated on April 13, April 23, and April 27?  Those were:

1. In January, you reported that my request had been processed.
   Was that incorrect, or is it presently being processed a second
   time?  (On April 6, you wrote that the request was being
   processed.)

2. Has the internal review process that began on November 23,
   2009, that which was still happening on December 4, 2009, and
   was still happening on January 25, 2010, been completed?

Also:

3. When do you estimate that the management review you described
   as underway on April 27, 2010, will be completed?

4. Will my request be fulfilled once the management review is
   completed?


Previously, your office has written the following about my June
15, 2009, request (TSA09-0624):

On Wed, Aug 05, 2009 at 11:05:08AM -0400, TSA FOIA wrote:
> We are diligently processing your FOIA request.  Due to the
> increasing number of FOIA request received by this office; we
> have encountered some delay in processing your request.

On Wed, Sep 30, 2009 at 09:49:26AM -0400, TSA FOIA wrote:
> We are currently processing your case.

On Mon, Nov 09, 2009 at 07:53:35AM -0500, TSA FOIA wrote:
> Your file is currently being review by another component.

On Fri, Dec 04, 2009 at 11:02:12AM -0500, TSA FOIA wrote:
> Your FOIA case was forwarded for internal review on November 23,
> 2009. [...] Your request is in the "internal review" process.

On Mon, Jan 25, 2010 at 11:14:44AM -0500, TSA FOIA wrote:
> Your FOIA has been processed and is currently in the "internal
> review" process.  Once the internal review is completed a
> response will be sent to you as soon as possible.

On Mon, Feb 22, 2010 at 02:04:53PM -0500, TSA FOIA wrote:
> Your FOIA has been processed and is currently being reviewed by
> TSA management before a response can be sent to you.

 On Tue, Apr 06, 2010 at 04:00:40PM -0400, TSA FOIA wrote:
> Your request is currently being processed.

On Tue, Apr 27, 2010 at 09:09:07AM -0400, TSA FOIA wrote:
> Your FOIA request is currently in management review.

--
Phillip Mocek
Mail to Gail Rossides was returned as undeliverable. Others were delivered without errors reported.


Today, I also filed a new request, for DHS correspondence regarding my outstanding request:

Code:
Date: Mon, 3 May 2010 10:14:28 -0700
From: Phillip Mocek
To: TSA FOIA Officer <foia.tsa%AT%dhs.gov>
Subject: FOIA request: correspondence regarding June 15, 2009, request

TSA FOIA Officer:

Pursuant to the federal Freedom of Information Act, 5 U.S.C. §
552, I request access to and copies of all Department of Homeland
Security correspondence regarding FOIA request TSA09-0624, a
request I placed on June 15, 2009, for the Transportation Security
Administration Screening Management SOP (Standard Operating
Procedures) manual, which upon TSA FOIA Office request I clarified
on June 16, 2009, to mean "a written description of procedures your
staff use at airport checkpoints when searching and interrogating
people who are stopped by your staff at those checkpoints".

I would like to receive the information in electronic format (PDF
attachments to e-mail).  If that is not feasible, paper copies via U.S.
Mail would be acceptable.

I agree to pay reasonable duplication fees for the processing of this
request in an amount not to exceed $30.  Please notify me prior to your
incurring any expenses in excess of that amount.

If my request is denied in whole or part, I ask that you justify all
deletions by reference to specific exemptions of the act.  I request
that any deletions be "blacked out" rather than "whited out".  I will
also expect you to release all segregable portions of otherwise exempt
material.  I, of course, reserve the right to appeal your decision to
withhold any information or to deny a waiver of fees.

I look forward to your reply within 20 business days, as the statute
requires.

Thank you for your assistance.

--
Phillip Mocek

Last edited by pmocek; May 3, 2010 at 11:17 am Reason: add new request
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Old Jun 23, 2010, 1:13 am
  #58  
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status update on TSA passenger search/interrogation SOP FOIA request (still pending)

After asking seven times, I received the following status update on my June, 2009 FOIA request (TSA09-0624):

Code:
Date: Wed, 19 May 2010 11:50:57 -0400
From: "Janet, Kevin <TSA FOIA>" <Kevin.Janet%AT%dhs.gov>
To: Phillip Mocek 
Subject: RE: [SEVENTH REQUEST] Re: FOIA: request status of TSA09-0624
         (placed June, 2009)

Mr. Mocek, I apologize for the delay in responding but TSA's response to
this request is still pending final review and concurrence.  Regarding
your four questions: (1) Processing was completed in January.  The April
reference to "processing" incorporated the final review process - not
reprocessing the records.  (2) As noted above, the review process is
ongoing. (3) Unfortunately I cannot estimate when this process will be
completed.  (4) By "fulfilled" I am assuming you mean TSA's release of
the requested record. No decision has been made regarding releasability.

-----Original Message-----
From: Phillip Mocek
Sent: Tuesday, May 18, 2010 7:08 PM
To: Kevin Janet - TSA FOIA Officer <Kevin.Janet%AT%dhs.gov>
Cc: TSA FOIA Office <FOIA.tsa%AT%dhs.gov>, DHS FOIA Office <foia%AT%dhs.gov>,
    Mary Ellen Callahan - DHS Chief FOIA Officer <mary.ellen.callahan%AT%dhs.gov>,
    "Robert S. Bray - TSA Acting Deputy Administrator" <robert.bray%AT%dhs.gov>,
    Gale Rossides - TSA Acting Administrator <gale.rossides%AT%dhs.gov>
Subject: [SEVENTH REQUEST] Re: FOIA: request status of TSA09-0624
         (placed June, 2009)

Mr. Janet:

Could you please answer the questions I asked on April 6, then
repeated on April 13, April 23, April 27, May 3, and May 10?
Those were:

 1. In January, you reported that my request had been processed.
    Was that implication that it was no longer being processed
    incorrect, or is it presently being processed a second time?
    (On April 6, you wrote that the request was being processed.)

 2. Has the internal review process that began on November 23,
    2009, that which was still happening on December 4, 2009, and
    was still happening on January 25, 2010, been completed?

Also:

 3. When do you estimate that the management review you described
    as underway on April 27, 2010, will be completed?

 4. Will my request be fulfilled once the management review is
    completed?


Previously, your office has written the following about my June
15, 2009, request (TSA09-0624):

On Wed, Aug 05, 2009 at 11:05:08AM -0400, TSA FOIA wrote:
> We are diligently processing your FOIA request.  Due to the
> increasing number of FOIA request received by this office; we
> have encountered some delay in processing your request.

On Wed, Sep 30, 2009 at 09:49:26AM -0400, TSA FOIA wrote:
> We are currently processing your case.

On Mon, Nov 09, 2009 at 07:53:35AM -0500, TSA FOIA wrote:
> Your file is currently being review by another component.

On Fri, Dec 04, 2009 at 11:02:12AM -0500, TSA FOIA wrote:
> Your FOIA case was forwarded for internal review on November 23,
> 2009. [...] Your request is in the "internal review" process.

On Mon, Jan 25, 2010 at 11:14:44AM -0500, TSA FOIA wrote:
> Your FOIA has been processed and is currently in the "internal
> review" process.  Once the internal review is completed a
> response will be sent to you as soon as possible.

On Mon, Feb 22, 2010 at 02:04:53PM -0500, TSA FOIA wrote:
> Your FOIA has been processed and is currently being reviewed by
> TSA management before a response can be sent to you.

 On Tue, Apr 06, 2010 at 04:00:40PM -0400, TSA FOIA wrote:
> Your request is currently being processed.

On Tue, Apr 27, 2010 at 09:09:07AM -0400, TSA FOIA wrote:
> Your FOIA request is currently in management review.

--
Phillip Mocek
I've not even received an acknowledgement of my May 13, 2010 request for correspondence regarding the June, 2009 request.
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Old Jun 23, 2010, 1:53 am
  #59  
Ari
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Originally Posted by pmocek
After asking seven times, I received the following status update on my June, 2009 FOIA request (TSA09-0624):

I've not even received an acknowledgement of my May 13, 2010 request for correspondence regarding the June, 2009 request.
Gauging their responses, to me it is evident that they are just stalling. Or perhaps Sharpies have been on backorder at the TSA for the last 10 months since they are no longer premitted to use grown-up tools like computer programs for redaction since SOP-gate.

Also, if they don't reject your request, you can't sue them for rejecting it. If you sue for constructive denial, they'll likely pull the SSI card-- only a Court of Appeals can compel disclosure of SSI-- and claim the District Court cannot offer any relief. Or perhaps they will masturbate with extension motions before the the court (like they have for you via email for the past 10 months) until the court wises up and then move onto a plan B.

Any legal action could easily get tied up in the courts for 2-4 years before even a partial resolution. The legal process doesn't move so fast, does it?

Here is one thing that they have on their side: Time.
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Old Jun 23, 2010, 4:32 am
  #60  
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Posts: 57,581
Originally Posted by Ari
Gauging their responses, to me it is evident that they are just stalling. Or perhaps Sharpies have been on backorder at the TSA for the last 10 months since they are no longer premitted to use grown-up tools like computer programs for redaction since SOP-gate.

Also, if they don't reject your request, you can't sue them for rejecting it. If you sue for constructive denial, they'll likely pull the SSI card-- only a Court of Appeals can compel disclosure of SSI-- and claim the District Court cannot offer any relief. Or perhaps they will masturbate with extension motions before the the court (like they have for you via email for the past 10 months) until the court wises up and then move onto a plan B.

Any legal action could easily get tied up in the courts for 2-4 years before even a partial resolution. The legal process doesn't move so fast, does it?

Here is one thing that they have on their side: Time.
So much for the promise of a new standard of conduct when it comes to FOIA requests.
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