ACLU Lawsuit Brings Fresh Scrutiny to TSA’s Controversial “Behavior Detection” Program

The TSA’s behavioral detection program is once again under fire as the ACLU files a lawsuit against the agency for failing to release information about the program.

The American Civil Liberties Union (ACLU) has filed a lawsuit in U.S. district court accusing the TSA of stonewalling its request for information about the agency’s Screening Passengers by Observation Techniques — a controversial “behavior detection” program.

According to The Washington Post, the ACLU has accused the TSA of failing to respond to a request for information under the Freedom of Information Act (FOIA) filed in October 2014. The request reportedly asked for “information related to the program’s justification, training, arrest rates and accountability measures.”

Federal agencies are required to respond to FOIA requests within 20 days, but often take months or even years to do so, the Post notes, especially when there is sensitive information or documents that must be redacted.

Under its Screening Passengers by Observation Techniques program, the TSA uses specially trained officers to detect suspicious behavior, which can lead to additional screening measures that include pat-downs, questioning and further investigation by law enforcement. The agency has never disclosed the factors it uses when determining “suspicious” behavior.

Critics of the program say it leads to racial profiling, an accusation denounced by former TSA Administrator John Pistole in 2014, who told a congressional panel that these agents are “critical to aviation security because they help identify intent rather than just prohibited items,” according the Post.

A 2014 report showed no evidence that the program has been effective.

The TSA declined to comment on this story, stating that the agency does not comment on pending litigation.

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