See post #9 and #11 in this thread:

http://www.flyertalk.com/forum/showthread.php?t=354774

Under the current system, the airlines run pax names through the secret selectee/no-fly lists, so the TSA can with some degree of honesty, blame the airlines when the pax gets selected. Of course, the airlines are forced by the TSA to use these lists. But TSA wll tell you to take it up with the airline if you disagree with being selected. So I submit the pax should have the right to demand a refund from the airline if selected.

If/when "Secure Flight" (CAPPS II+) gets implemented, TSA will take over the selectee/no-fly check and the TSA won't be able to blame the airlines. However, the TSA has little motivation to fix persistent false positives on these lists that harass innocent pax. TSA's current track record for getting people off the selectee/no-fly list is abysmal unless the pax in question is a member of congress.