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-   Checkpoints and Borders Policy Debate (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate-687/)
-   -   TSA behavior detection program (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate/1241951-tsa-behavior-detection-program.html)

FliesWay2Much Aug 1, 2011 11:03 am


Originally Posted by RichardKenner (Post 16836450)
From a practical point of view, yes, but from a legal point of view, it's just a little murkier. The 5th Amendment can only be invoked if a truthful answer would subject you to danger. But the only way 18 USC 1001 can be violated is if what you said wasn't true. So to be able to assert the privilege, you need to be able to argue that there was an articulable danger that a true statement would be perceived to be false. That's a little harder than claiming it for other reasons.

I would argue, because there is no law prohibiting you from pronouncing your name however you wish, that there is no right (truthful) or wrong (not truthful) answer to this interrogation question.

chollie Aug 1, 2011 11:05 am

I wish the artist formerly and currently known as 'Prince' still had the symbol for his name. (Don't know if he ever changed it legally).

I don't think anyone ever knew how to pronounce it.

mikeef Aug 1, 2011 11:30 am


Originally Posted by chollie (Post 16837692)
I wish the artist formerly and currently known as 'Prince' still had the symbol for his name. (Don't know if he ever changed it legally).

I don't think anyone ever knew how to pronounce it.

At one point, Prince was the #1 frequent flyer in terms of annual mileage on NW. It could have gotten interesting.

Mike

RichardKenner Aug 1, 2011 12:08 pm


Originally Posted by clrankin (Post 16837472)
I'm thinking along the lines of burglary while they're out of town, brought on by a TSO providing information to others for possible targets. It's not too far-fetched, as I recall there was already one similar operation that TSA discovered which was doing this very thing.

Wrong kind of danger! The 5th Amendment relates to "danger of criminal prosecution".

RichardKenner Aug 1, 2011 12:09 pm


Originally Posted by FliesWay2Much (Post 16837673)
I would argue, because there is no law prohibiting you from pronouncing your name however you wish, that there is no right (truthful) or wrong (not truthful) answer to this interrogation question.

Sure there is: the only truthful way to pronounce it is the way you normally pronounce it.

FliesWay2Much Aug 1, 2011 12:12 pm


Originally Posted by RichardKenner (Post 16838155)
Sure there is: the only truthful way to pronounce it is the way you normally pronounce it.

But, there's no law stating that I can't change the way I normally pronounce it every few minutes or even every time someone asks me my name. There isn't even a law defining "normal."

Boggie Dog Aug 1, 2011 12:28 pm


Originally Posted by RichardKenner (Post 16838155)
Sure there is: the only truthful way to pronounce it is the way you normally pronounce it.

And the burden to prove how the name is pronounced falls to whom?

phoebepontiac Aug 1, 2011 12:38 pm


Originally Posted by Boggie Dog (Post 16838295)
And the burden to prove how the name is pronounced falls to whom?

My first name has a number of acceptable pronunciations and common mispronunciations (it's not the same as my username). And despite straightforward spelling, people butcher my last name in a number of creative ways. What if I say my name the way someone who would butcher it would say it?

RichardKenner Aug 1, 2011 1:10 pm


Originally Posted by FliesWay2Much (Post 16838177)
But, there's no law stating that I can't change the way I normally pronounce it every few minutes or even every time someone asks me my name. There isn't even a law defining "normal."

No, but in the highly unlikely event somebody were to persue this and they brought six witnesses into court and all said that you had pronounced your name to them the same way and it was different from the way you pronounced it to the TDC, I think it would be hard to find a jury that agreed with your theory above.

sbagdon Aug 1, 2011 1:10 pm

These are the few times that I oh so wished my name were John Doe, or Joe Smith...

halls120 Aug 1, 2011 1:32 pm


Originally Posted by RichardKenner (Post 16838600)
No, but in the highly unlikely event somebody were to persue this and they brought six witnesses into court and all said that you had pronounced your name to them the same way and it was different from the way you pronounced it to the TDC, I think it would be hard to find a jury that agreed with your theory above.

If a case like this was ever brought to a US Attorney for prosecution, I would hope that he/she would laugh in TSA's face. We have far more pressing needs facing federal law enforcement than to squander valuable court time for the sole purpose of assuaging TSA's hurt feelings.

Lurker1999 Aug 1, 2011 4:35 pm

Apparently my home airport has been chosen to have the honor of being the test subject for this colossal waste of tax money.

http://www.boston.com/Boston/busines...hOP/index.html

saulblum Aug 1, 2011 4:41 pm


Originally Posted by Lurker1999 (Post 16839852)
Apparently my home airport has been chosen to have the honor of being the test subject for this colossal waste of tax money.

http://www.boston.com/Boston/busines...hOP/index.html

As a Boston-area resident, I feel equally honored. Or embarrassed.

TheGolfWidow Aug 1, 2011 4:51 pm

Just be sure you don't sweat or fail to make eye contact. That's very suspicious.

cardiomd Aug 1, 2011 5:28 pm


Originally Posted by Lurker1999 (Post 16839852)
Apparently my home airport has been chosen to have the honor of being the test subject for this colossal waste of tax money.

http://www.boston.com/Boston/busines...hOP/index.html

I'm in and out of there really, really often. They are already doing this -- they suddenly started about two months ago. It was a distinct and annoying new security "feature."

Basically the guy comes up to you and keeps on asking you dumb questions aggressively. OF COURSE you want to ignore the dude. It is infinitely stupid. The questions they ask reflect a collossal lack of intelligence, that any sentient person would roll their eyes, a reaction I'm not convinced is different from a truly suspicious person. The guy asks me if I was on vacation when I'm dressed in a business suit. :rolleyes: Is this to "throw me off guard???" :rolleyes:

Here is a description of one of my encounters a week or so ago:

http://www.flyertalk.com/forum/trave...l#post16803029


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