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-   -   Discussion: Constitutionality of BOS (Logan) BDO program (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate/1248216-discussion-constitutionality-bos-logan-bdo-program.html)

14940674 Aug 19, 2011 1:48 pm


Originally Posted by Often1 (Post 16955222)
FT has too many posts to count in which posters rant about how they want TSA to function more like Israeli aviation security. That's what this is. It's not invasive, it's not unconstitutional and is used to make judgments about whether some people need secondary inspection.

^

Thank you for providing your rational analysis of the issue.

VelvetJones Aug 19, 2011 1:50 pm


Originally Posted by 14940674 (Post 16954927)
"At Logan, about 70 agents — all with college degrees — are undergoing training by an international consulting firm that includes a four-day classroom course and 24 hours of on-the-job experience, said TSA spokeswoman Ann Davis."

http://www.bostonherald.com/news/reg...icleid=1355725

Wow, four whole days of class room training. Well, that is almost the same as a PhD. :eek:

mikeef Aug 19, 2011 1:50 pm


Originally Posted by DL_TIDE (Post 16953627)
BOS>ATL>JAX

Today as I queued, for the bottle water collection point, I was stopped and asked my final destination, reason I was in BOS, how long I was there, what company I worked for, type of work I did.

1) I'm sorry, that's between me and my spiritual advisor
2) It's personal
3) Also personal
4) I'm sorry, that's confidential
5) Also confidential

Under the TSA's rules, those are all reasonable answers that would not lead to a secondary. I'm sure, though, that it could lead to one based on "failure to show proper respect."


Originally Posted by Caradoc (Post 16954109)
It's too bad they're not modeling their professionalism and politeness after El Al's personnel, too.

Couldn't agree with you more. Just because the TSA is now doing some that the folks at TLV do doesn't mean that it's the same program.


Originally Posted by BadgerFlyer91 (Post 16953750)
Feel free to drive. If we can get more effective security measures in place that actually are aimed at identifying problems I'm all for it. Much better than invasive pat downs of toddlers.

Not a chance. I'm far more afraid of being hit by a drunk driver than I am about a terrorist on my plane. Statistics would support me. I swear, if the TSA ran the highways, we'd all be forced to drive at 20 MPH and stopped every 50 yards for an inspection.


Originally Posted by Affection (Post 16954789)
I cannot believe I just read this on FT and it wasn't sarcasm.

--Jon

Sadly, I'm not.

Mike

PTravel Aug 19, 2011 1:51 pm


Originally Posted by Often1 (Post 16955222)
It's not invasive, it's not unconstitutional and is used to make judgments about whether some people need secondary inspection.

Where did you get your law degree, and where are you licensed to practice? Because I haven't seen anything, either in statutory law or precedent that suggests, even remotely, that this process is constitutional (nor its backup, the mandatory x-ray or grope).

N965VJ Aug 19, 2011 1:53 pm


Originally Posted by Canarsie (Post 16953800)
If you had authority over airport security checkpoints, how would you design the system so that security is effective and yet the rights of passengers are preserved?

What to do with the TSA short term-


1. Stop the use and deployment of body scanning machines. They don't see into body cavities, under folds of flesh, or detect explosives. They are an intrusion into privacy and needlessly add to cumulative lifetime radiation doses, and there are no peer-reviewed studies that back up the government's claim they are safe.

Properly procured and administrated use of Explosive Trace Detection Portals (puffers) addresses the technical shortcomings of the body scanners, while at the same time are non-intrusive and pose no health risks. It’s unfortunate that the Chertoff Group and other lobbyists that profit from the deployment of body scanners have no interest in ETP technology that is being used in venues as varied as nuclear installations and the CN Tower in Toronto.

ETP, coupled with Walk Through Metal Detectors and x-ray of bags, is real security at the checkpoint, without the need for genital gropes.

2. Full accountability of TSA employees. A Citizen Review Board should be established to investigate allegations of screener abuse. Initiate a focus on customer service training for screeners, instead of barking and asking “Do you want to fly today?”


3. End the War on Liquids. The exemptions make it pointless, and even if there was such a Magic Liquid™ that could be used to create a bomb airside without laboratory conditions if you just had enough of it, just send ten guys through the checkpoint with their Kippie Bags and combine it airside.


4. End the removal of shoes. The X-Ray machine cannot detect explosives, period.


5. Eliminate the gate screenings. The fact that this is being done in MCI, where each gate area pretty much has its own checkpoint to start with, is proof that this is nothing more than security theatre and workfare.


4.
The wearing of metal “police” badges is stopped immediately, and replaced with the screener’s name and identification number that is plainly visible. Phase out the “police” uniform and replace it with something that reflects the fact that screeners have no law enforcement powers. Eliminate the TSA Honor Guard as there is no need for screeners to dress up in costumes and parade around. Stop trying to cash in on the respect that people that serve in the military have earned.


5. Get rid of the No Fly List. There’s no effective means of redress or oversight how the list is managed. If the people on these lists are so dangerous, arrest them.


6. Stop trying to encroach on privately owned aircraft and kill LASP dead in its tracks. The Inspector General has determined that private aircraft are not a threat. Personal Liberties — For the first time, the TSA’s regulatory activities would be extended to personal GA aircraft, historic and vintage aircraft, and operators, passengers, and pilots flying for personal and business use. As such, the LASP is a radical departure from anything the TSA has enacted to date. It would, in effect, require governmental review and authority before you could operate your own personal vehicle.


7. Stop the ID checks. The TSA has no need to know who I am or where I’m flying. This is nothing more than revenue protection on behalf of the airlines. The thought that I must “present my papers” to travel within the border of my own country is disgusting. Stop using the checkpoint as a dragnet. College kids with fake IDs, illegal aliens, or some common criminal wanted on a drug charge somewhere are not a threat to commercial aviation. We have other government agencies tasked for this.


8. End the mission creep. No more TSA appearances at sporting events, bus and train stations, or highways. Let the real law enforcement professionals tasked with these venues handle things without interference from the TSA. Why is the TSA showing up at thousands of non-airport venues every year when the own Red Team test score failures are "off the charts" according to Rep. Mica?


9. The junk science SPOT program gets the boot.


10. Stop any consideration of having screeners armed with firearms, or having any law enforcement powers. We hear of continuous cases where airport LEOs are the last line of defense against abuse by TSA screeners.



What to do with the TSA long term-

The TSA should become a part of the DOT. Actual screening should be done by private contractors with oversight by the FAA. Funny how we never heard the constant stories of mistreatment and harassment of PAX, organized rings of theft and general thuggery when this was being done by private sector firms.





Originally Posted by 14940674 (Post 16954259)
We can only hope the TSA approaches this in similar fashion.

If wishes and dreams were candy and nuts, it would be Christmas all year long.




Originally Posted by 14940674 (Post 16954927)
"At Logan, about 70 agents — all with college degrees — are undergoing training by an international consulting firm that includes a four-day classroom course and 24 hours of on-the-job experience, said TSA spokeswoman Ann Davis."


Originally Posted by neko (Post 16954383)
"college-educated" or "has a 4-year degree from an accredited university"?

Would auto body classes at Cuyahoga Community College count? :p




Originally Posted by 14940674 (Post 16955059)
Would you support the program if the TSA hired employees of Israeli-caliber?

Of course not, for many reasons; first of all, have you seen the people that do the questioning in TLV? They are smokin' hawt, and that's not a coincidence. Even with over an $8 billion dollar budget this year, the most the TSA can attract is of this caliber.

vvortex1 Aug 19, 2011 1:57 pm


Originally Posted by PTravel (Post 16955084)
Absolutely not. Unlike Israel, (1) we have a constitutional prohibition against this kind of interrogation, (2) we are not in a state of constant war with hostile powers. Because of the skill of our intelligence services (post-9/11) there has not been a terrorist attack on American soil -- interdiction works here and, rather than sacrifice the Constitutional guarantees of freedom of liberty that have worked for this country for more than 200 years, I'd rather put my faith and trust in the FBI, CIA, NSA and real police agencies, than the Kafka-esque incompetent nightmare that is TSA.

While the TSA can't prosecute you for refusing to answer their questions, they can keep you off the plane. While some have argued that things like the "no fly" list constitute an unconstitutional abrogation of freedom of movement, existing legal doctrine unfortunately seems to support it.

Also, it's not clear that those other three-letter agencies are categorically more competent and less intrusive than the TSA. (Look up the NSA's warrantless wiretapping program, for instance. Or look at the Christmas bomber, who evaded the FBI and might have succeeded if it were easy to get a better bomb through the checkpoint.) The TSA is just more transparent and visible to the public.

FliesWay2Much Aug 19, 2011 1:57 pm


Originally Posted by 14940674 (Post 16955202)
I was referring to the qualifications required in Boston. In there is no need for personal attacks on this forum. The TSA is not my agency.

I agree with PTravel and Always Flyin that the US does not need this level of airport security, even if it is conducted competently.

Let's take this one point at a time --

1. By law and OPM rules, one location for the federal government cannot have different qualifications than any other location for the same grade and series of job. All federal jobs are classified by series (i.e.: expertise and skills) and grade (salary). Educational requirements are one of those qualifications that are standard. If you look at the 1801 or 1802 series, which are the ones the TSA seems to use for SPOTNiks, you will see standard qualifications.

Although I only pulled from the PHL vacancy, there were seven others from seven other airports. Some expanded the experience requirements for some reason to include experience as a prison guard (no joke).

2. Ann Davis is a TSA public affairs officer and is fair game. Unless you are really Ann Davis, I really don't care if you are personally offended. (Even if you ARE Ann Davis, I don't care if you were offended.)

We will call out public TSA officials when they lie anytime and for any reason. I have no reason to believe her for a nanosecond. If, in fact, any SPOTNik has a college degree, it's arguably more a result of the economy or the individual's marketable skills, because it's not a requirement for the job.

Boggie Dog Aug 19, 2011 2:02 pm


Originally Posted by 14940674 (Post 16954927)
"At Logan, about 70 agents — all with college degrees — are undergoing training by an international consulting firm that includes a four-day classroom course and 24 hours of on-the-job experience, said TSA spokeswoman Ann Davis."

http://www.bostonherald.com/news/reg...icleid=1355725

Thanks.

14940674 Aug 19, 2011 2:03 pm


Originally Posted by FliesWay2Much (Post 16955297)
2. Ann Davis is a TSA public affairs officer and is fair game. Unless you are really Ann Davis, I really don't care if you are personally offended. (Even if you ARE Ann Davis, I don't care if you were offended.)

We will call out public TSA officials when they lie anytime and for any reason. I have no reason to believe her for a nanosecond. If, in fact, any SPOTNik has a college degree, it's arguably more a result of the economy or the individual's marketable skills, because it's not a requirement for the job.

I thought you were addressing your comments to me, rather than Ms. Davis. I apologize for my misinterpretation.

mikeef Aug 19, 2011 2:07 pm


Originally Posted by TheGolfWidow (Post 16954638)
I'm curious as to how/if you answered.

I think this was in response to the original "How would you make the TSA better?"

I stick with my original suggestion.

Mike

mikeef Aug 19, 2011 2:11 pm


Originally Posted by steve65341 (Post 16954557)
Just went through the low B gate checkpoint here and there is no secondary interrogation yet.

I believe it is limited to the A Terminal. For now.

Mike

FliesWay2Much Aug 19, 2011 2:11 pm


Originally Posted by 14940674 (Post 16955337)
I thought you were addressing your comments to me, rather than Ms. Davis. I apologize for my misinterpretation.

No problem... It's Friday!

svenskaflicka Aug 19, 2011 2:14 pm


Originally Posted by exbayern (Post 16954201)
But that means that there will be many people selected who truly have nothing to hide.

I fear that I am one of those.

It is considered rude and intrusive in many cultures to make small talk and ask questions of a personal nature. I can grit my teeth and bear it when I am in the US or other countries where such 'small talk' is considered polite, and generally can give out noncommittal responses to strangers who ask such questions.

But for years I never understood why I became so nervous at any checkpoint, be it a border crossing, or simply a ferry ticket purchase booth or a toll booth.

In recent years I have started to come to terms with the collective history that I share with millions of others and now I understand that my fear and nevousness comes from my experiences as a small child crossing 'internal' borders. (The memorial museum at Marienborn is still something I can only take in small doses)

I tend to turn off a switch internally in these types of situations. Now I have to face speaking to someone in another language (often with a very strong regional accent), answering questions which make me uncomfortable in a setting not involving a position of authority, about subjects which are often confidential.

I fear that my response both verbal and physical will make me a target, unintended or not. And I am not alone.

I understand exactly what you are saying. I get the same way when a police car is driving behind me, even though I know I have done nothing to break the law and never have.

N965VJ Aug 19, 2011 2:41 pm


Originally Posted by vvortex1 (Post 16955296)
While the TSA can't prosecute you for refusing to answer their questions, they can keep you off the plane.

I don't see where refusing to answer questions, in and of itself, will result in being refused access to the sterile area. Additional, possibly retaliatory, secondary screening perhaps, but once someone and their belongings are screened for weapons, explosives and incendiaries they will be admitted.




Originally Posted by FliesWay2Much (Post 16955297)
If you look at the 1801 or 1802 series, which are the ones the TSA seems to use for SPOTNiks, you will see standard qualifications.


Here it is on the TSA jobs site.
Behavior Detection voodoo practitioners need to pass a drug test and read English, so at least we have that going for us. :rolleyes:

MDtR-Chicago Aug 19, 2011 2:49 pm

It's shocking to me the level of risk-aversion so many otherwise intelligent people have on FT.

0 terrorist incidents in 10 years. 2 very poor attempts.

Ok, you want more "safety" than that? And you have a multi-billion $ budget?

Why are you asking for more airport security, then? Your own personal drive to the airport is so much more dangerous.

Why not fund permanent sobriety checkpoints at high volume highway entrances instead?

So much more effective...

The suggestions for yet-more airport "security" - methods that are not scientifically proven and don't even seem effective under the lens of common sense - sounds utterly foolish.


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