FlyerTalk Forums - View Single Post - Discussion: Constitutionality of BOS (Logan) BDO program
Old Aug 22, 2011 | 9:45 am
  #283  
Wally Bird
 
Join Date: Jul 2003
Location: Salish Sea
Programs: DL,AC,HH,PC
Posts: 8,972
Originally Posted by ND Sol
The law is not clear. The CFR provision that you probably relying upon is only applicable to providing that info to the airlines for purposes of Secure Flight. The TSA has no right under the CFR's to require that directly from you (except if you want to use Francine's tortured reasoning that requires the use of Google for a definition that is already contained in the CFR).
What's not clear ? We're saying the same thing - TSA requiring pronunciation of names is not a stated legal requirement of 49 CFR 1540.107.

BUT
Originally Posted by FliesWay2Much
You would think, if the SPOTNik interrogations had any basis in law at all, that Pissy would be all over it and declare that you had to truthfully answer a SPOTNik's questions "under penalty of law" and cite chapter & verse.
Originally Posted by 49 CFR 1540.105
2) Enter, or be present within, a secured area, AOA, SIDA or sterile area without complying with the systems, measures, or procedures being applied to control access to, or presence or movement in, such areas.
So if the sterile area to which passengers are admitted qualifies (and I don't see how it wouldn't), and verbal confirmation of name is defined somewhere as one of the 'systems, measures or procedures' then it does have a basis in law of some kind. A very vague administrative law; which is exactly how the TSA likes it.
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