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-   Checkpoints and Borders Policy Debate (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate-687/)
-   -   Requirement for speaking your name? (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate/1398391-requirement-speaking-your-name.html)

Bear4Asian Dec 12, 2013 11:35 am

In other news: JFK airport operations announced today that they will create a special room in each terminal to allow TSA personnel and DYKWIA passengers to have pissing contests. Common sense and basic kindness not required.

FlyingUnderTheRadar Dec 12, 2013 11:45 am


Originally Posted by Dovster (Post 21953464)
The following sentence appears in your passport:

This passort is the property of the United States (Title 22, Code of Federal Regulations, Section 51.9). It must be surrendered upon demand made by an authorized representative of the United States Government.

Clearly, the TSA and its employees are representatives of the United States Government and, when acting in that capacity, are authorized to take your passport for the limited and reasonable amount of time required for the purpose of identifying you to their satisfaction.

Like everyone else I disagree.

You missed the key words surrendered and authorized representative. Surrendered means to be forced to give and implies a permanence. I may need to present identification to the TDC that is not surrendering nor is it permanent.


Passports are issued via the State Department. The TSA which is part of the Dept. of Homeland Security have no authority to force a passenger surrendered anything at the check point. One way or another if the TSA takes anything a LEO is going to be called whether by the PAX as in this case or if the TSA thinks a law has been broken.

When a court order someone to surrender their passport there are specific steps they must go through.

cynicAAl Dec 12, 2013 11:46 am


Originally Posted by hoth300 (Post 21948789)
He asks for my documents and I hand them to him. “She doesn’t have a problem matching them up but we’re required to ask you to say your name,” he explains.

it's been a while since I've played NameGame, but my usual response was "yes, I realize you're required to ask my name, and we both acknowledge that you've done that. But I'm not required by law to respond, so since you've completed your required duties, and you can see that my name matches on my BP and ID, I guess we're done here"

It has always resulted with a "have a nice flight" without further escalation.

BlueStreak17 Dec 12, 2013 11:50 am

1)I wonder what the people in line behind you were thinking/saying during this entire episode. I for one would have been livid.
2) you actually called 911 for a non-emergency such as this? You are lucky they were so polite with you.
3) it's not unconstitutional to ask you for your name. I hardly think it would constitute and unreasonable search since the passport and boarding pass already have your name on it. And you don't have a constitutional right to fly on an airplane. You could have simply turned around, left and driven to your destination.
4) the passport is certainly not your property and the TSA agent is an officer of the US government and is certainly entitled to confiscate it. They probably couldn't if you were flying domestic and didn't present it, but if you willingly gave it to them as means of identification, then why would they not have the ability to keep it for a short period?
5) Do you really derive pleasure from abusing TSA employees who are just following their instructions? Whatever you think of these people, they are not likely compensated enough for dealing with air travelers. Abusing people like this when you would never dream of behaving this way in front of a congressman or high level Homeland security official (who is certainly more to blame for these rules than a TSA agent) is likely a sign of poor character.
If mouthing off in a security line is what is seen as courage and civil disobedience, then this country is doomed.
I'm sure Patrick Henry and Martin Luther King would be proud...

SeriouslyLost Dec 12, 2013 12:02 pm


Originally Posted by theddo (Post 21953289)
Your freedom of movement hasn't been taken away by someone walking 20m away with your passport, which also isn't what OP claimed. He claimed they stole his passport which in my jurisdiction would require intent to keep. Since a police officer can take your driver's license and go back to his car I'm going to assume this is okay, even if I dislike it.

In common law theft is unlawful taking, not "intent to keep". Is it not theft in your world if someone takes something with the intent to immediately fence it? I'd e interested to know what jurisdiction you're in where the common law interpretation has been overturned.




It most certainly is a reasonable request, as is "where will you be staying while you are here?" and many other simple questions that shows if your calm and relaxed (as most people are) or not. Your state of mind is relevant during a security check.
You're missing three important points: 1, it isn't relevant in the slightest other than from a "direct threat" POV (TSA checkpoints aren't war zones and statistically have zero threat, so get over that one) and, 2. TSA has no role in being interested in whether someone is "calm and relaxed" for any given pax in and airport as they try to reach their gate, and 3. TSA has no role in law other than to screen for WEI. Matching pax names is a revenue exercise for airlines and nothing more. Asking pax to say their names is a waste of everyone's time as it contributes nothing to the screening of WEI.

TSA has one and only one remit under law and they have spent the past ~12 years busily trying to expand past it.

Spiff Dec 12, 2013 12:16 pm


Originally Posted by roachjl (Post 21954576)
1)I wonder what the people in line behind you were thinking/saying during this entire episode. I for one would have been livid.

If I was having the interaction the OP was having with the TSA employees and you were behind me getting livid, I really wouldn't give a damn.



Originally Posted by roachjl (Post 21954576)
2) you actually called 911 for a non-emergency such as this? You are lucky they were so polite with you.

I'm also pleasantly surprised they did not get annoyed.


Originally Posted by roachjl (Post 21954576)
3) it's not unconstitutional to ask you for your name. I hardly think it would constitute and unreasonable search since the passport and boarding pass already have your name on it. And you don't have a constitutional right to fly on an airplane. You could have simply turned around, left and driven to your destination.

It's not Unconstitutional to ask, but it would be Unconstitutional to require an answer. It is none of the TSA's business. There is no amendment to the Constitution ceding the right to freely travel to the government. Get your facts straight.


Originally Posted by roachjl (Post 21954576)
4) the passport is certainly not your property and the TSA agent is an officer of the US government and is certainly entitled to confiscate it. They probably couldn't if you were flying domestic and didn't present it, but if you willingly gave it to them as means of identification, then why would they not have the ability to keep it for a short period.

The passport is not up for grabs for anyone who cares to take it. The TSA employee is no officer of the government, regardless of what made-up titles this disgusting, un-American agency has given itself. Regardless, while they may inspect it if voluntarily presented, they may not abscond with it, without the owner's permission.


Originally Posted by roachjl (Post 21954576)
) Do you really derive pleasure from abusing TSA employees who are just following their instructions.

"I was only following orders." Where have we heard that before? Compared to the crimes committed by TSA employees, the OP's response is hardly that of abuse.


Originally Posted by roachjl (Post 21954576)
Whatever you think of these people, they are not likely compensated enough for dealing with air travelers.

They are over-compensated. They should not have the "jobs" that they do, nor should they be permitted to execute them in the manner that they do. Firing all of them would be a kindness; many, if not most of them belong in prison.


Originally Posted by roachjl (Post 21954576)
Abusing people like this when you would never dream of behaving this way in front of a congressman or high level Homeland security official (who is certainly more to blame for these rules than a TSA agent) is likely a sign of poor character.

I would dearly love Pissant to present himself at a TSA "security" checkpoint and attempt to execute the disgusting actions of his subordinates. @:-)


Originally Posted by roachjl (Post 21954576)
If mouthing off in a security line is what is seen as courage and civil disobedience, the this country is doomed.
I'm sure Patrick Henry and Martin Luther King would be proud...

I think they would encourage mass civil disobedience, not just the sporadic acts such as the one the OP bravely committed. Patrick Henry might encourage behavior that would be considered "unlawful", not merely civil disobedience.

BlueStreak17 Dec 12, 2013 12:38 pm


Originally Posted by Spiff (Post 21954723)
If I was having the interaction the OP was having with the TSA employees and you were behind me getting livid, I really wouldn't give a damn.

I really didnt think the OP would care either, he doesn't strike me as the considerate type. I also doubt he would have engaged in this behaior if it was only 20 minutes prior to his flight, either.




Originally Posted by Spiff (Post 21954723)
It's not Unconstitutional to ask, but it would be Unconstitutional to require an answer. It is none of the TSA's business. There is no amendment to the Constitution ceding the right to freely travel to the government. Get your facts straight.


I do have my facts straight. I am certain you do not have the constitutional right to travel to your destination by plane. If you dont accept the TSA as agents of the govenment, then they are agents of the airline. They certainly have no obligation to fly you anywhere.
I stand by my original statement: OP's travel was not restricted at all. He had every right to not say another word, leave the area and find alternative means of transport to his destination.




Originally Posted by Spiff (Post 21954723)
The passport is not up for grabs for anyone who cares to take it. The TSA employee is no officer of the government, regardless of what made-up titles this disgusting, un-American agency has given itself. Regardless, while they may inspect it if voluntarily presented, they may not abscond with it, without the owner's permission.


The OP voluntarily gave it to the TSA staff and was in plain sight during the encounter. This is not absconding with it and it is certainly not theft. This is an example of someone who wants to continue his pissing match with TSA.



Originally Posted by Spiff (Post 21954723)
"I was only following orders." Where have we heard that before? Compared to the crimes committed by TSA employees, the OP's response is hardly that of abuse.

Are we really comparing this to the Nazis? Seriously?


Originally Posted by Spiff (Post 21954723)
They are over-compensated. They should not have the "jobs" that they do, nor should they be permitted to execute them in the manner that they do. Firing all of them would be a kindness; many, if not most of them belong in prison.

I would dearly love Pissant to present himself at a TSA "security" checkpoint and attempt to execute the disgusting actions of his subordinates. @:-)

The fact of the matter is that most people who behave in this manner view the TSA employees as inferior, uneducated, whatever. All I was pointing out that treating these people badly is a sign of poor character. It's like the guy who yells at the cashier in Burger King. Sure you might have a an actual complaint, but why?



Originally Posted by Spiff (Post 21954723)
I think they would encourage mass civil disobedience, not just the sporadic acts such as the one the OP bravely committed. Patrick Henry might encourage behavior that would be considered "unlawful", not merely civil disobedience.

Firefighters are brave, the woman who was shot by the Taliban for going to school was brave. This guy is an overzealous DYKWIA. In fact, I have my doubts as to whether this actually happened.

petaluma1 Dec 12, 2013 12:40 pm


Originally Posted by theddo (Post 21953289)
Of course it's a silly game. The TSA is a silly game. That's still no reason to pick fights with random TSA employees simply because you can. Change something, make something happen or do anything constructive. This isn't about complaining or changing the TSA this is about wanting to piss people off. Simply because you have the right to do something (which the OP does have) doesn't mean it's the smart thing to do.

Perhaps if more people harassed screeners change could be effected.



You people in this context was a term for those members of FT who regularly pick fights with TSA employees who follow their orders instead of actually doing something to change the fundamental structures of the TSA by calling their representatives and trying to disband it.
You have no idea whether or not the either the OP or any of us have contacted our MOCs. I, for one, do so on a regular basis and I know there are others who do the same while still "picking fights" at checkpoints.




It most certainly is a reasonable request, as is "where will you be staying while you are here?" and many other simple questions that shows if your calm and relaxed (as most people are) or not. Your state of mind is relevant during a security check.
Are you a BDO? I imagine that most people going through a TSA checkpoint are NOT "calm and relaxed."

gj83 Dec 12, 2013 12:55 pm

I just stand there like I can't hear and eventually they wave me through.

biostatistician Dec 12, 2013 12:55 pm

So I am curious, did OP follow up with any sort of formal written complaint, or just walk away when all this was said and done? If you're going to go through all this to prove a point and follow through with an official complaint, then fine. If not, then the entire episode is a waste of effort on all sides.

theddo Dec 12, 2013 1:09 pm


Originally Posted by SeriouslyLost (Post 21954630)
In common law theft is unlawful taking, not "intent to keep". Is it not theft in your world if someone takes something with the intent to immediately fence it? I'd e interested to know what jurisdiction you're in where the common law interpretation has been overturned.

That would be the definition of larceny, not theft. Theft it still with intent to deprive the rightful owner of his ownership, which isn't at all clear from the post anyone tried to do.



You're missing three important points: 1, it isn't relevant in the slightest other than from a "direct threat" POV (TSA checkpoints aren't war zones and statistically have zero threat, so get over that one) and, 2. TSA has no role in being interested in whether someone is "calm and relaxed" for any given pax in and airport as they try to reach their gate, and 3. TSA has no role in law other than to screen for WEI. Matching pax names is a revenue exercise for airlines and nothing more. Asking pax to say their names is a waste of everyone's time as it contributes nothing to the screening of WEI.
That's certainly your opinion and you are entitled to it.


Originally Posted by petaluma1 (Post 21954858)
Perhaps if more people harassed screeners change could be effected.

I doubt that very much.


Are you a BDO? I imagine that most people going through a TSA checkpoint are NOT "calm and relaxed."
Definitely I'm not. I can just note that El Al seem to have a procedure that in Europe at least includes more in depth questionings than do the TSA and people are required to answer them and their job is to assess people.

BlueStreak17 Dec 12, 2013 1:14 pm


Originally Posted by theddo (Post 21955052)
Definitely I'm not. I can just note that El Al seem to have a procedure that in Europe at least includes more in depth questionings than do the TSA and people are required to answer them and their job is to assess people.

People in Israel must not value their liberty like we do here...

FredAnderssen Dec 12, 2013 1:19 pm


Originally Posted by roachjl (Post 21954842)
I really didnt think the OP would care either, he doesn't strike me as the considerate type. I also doubt he would have engaged in this behaior if it was only 20 minutes prior to his flight, either.

So you think he's inconsiderate because he stands up to bullying behavior which has nothing to do with security? I think he's quite brave. Do a search for those who stand up to the TSA when it comes to traveling with breast milk, colostomy bags, are wheelchair bound, or have small children. Do you also think they're being inconsiderate for standing up to the TSA?


Originally Posted by roachjl (Post 21954842)
I do have my facts straight. I am certain you do not have the constitutional right to travel to your destination by plane.

How are you so certain? Can you quote any pertinent legal precedent for your certainty? Does one have the constitutional right to travel at all in the U.S., in your opinion? If so, by what means? Bus, car, train, bicycle, by foot?


Originally Posted by roachjl (Post 21954842)
If you dont accept the TSA as agents of the govenment, then they are agents of the airline. They certainly have no obligation to fly you anywhere.

Of course they're agents of the government, but not those with authority to do whatever they want. For example, they don't have the authority to arrest as other agents (LEOs) have.


Originally Posted by roachjl (Post 21954842)
I stand by my original statement: OP's travel was not restricted at all. He had every right to not say another word, leave the area and find alternative means of transport to his destination.

Then by the very definition, he would have been restricted. Time to destination can also be seen as a restriction, and obviously not allowing him to board a plane is restricting one possibility for him to travel. As an example, how would you get to Hawaii if you weren't allowed to board a plane? Can the government restrict boat travel as well?


Originally Posted by roachjl (Post 21954842)
The OP voluntarily gave it to the TSA staff and was in plain sight during the encounter. This is not absconding with it and it is certainly not theft. This is an example of someone who wants to continue his pissing match with TSA.

If someone walks away with something of mine, then it certainly is theft. The assumption is that the TSO is going to look at the passport, not walk away with it. You said that the OP had the right to leave the area. How was he to do this when his items were taken from him?


Originally Posted by roachjl (Post 21954842)
The fact of the matter is that most people who behave in this manner view the TSA employees as inferior, uneducated, whatever. All I was pointing out that treating these people badly is a sign of poor character. It's like the guy who yells at the cashier in Burger King. Sure you might have a an actual complaint, but why?

There's a huge difference between being a TSA employee and being a Burger King employee: working at Burger King is an honorable profession and requires a modicum of intelligence.


Originally Posted by roachjl (Post 21954842)
Firefighters are brave, the woman who was shot by the Taliban for going to school was brave. This guy is an overzealous DYKWIA.

Being brave is not a binary proposition. There are many levels of being brave, and the OP, though not as brave as the people you mentioned, has a certain amount of bravery.


Originally Posted by roachjl (Post 21954842)
In fact, I have my doubts as to whether this actually happened.

Why would you doubt it? According to you, this person wasn't even brave. He/she could have embellished the story to impress even you, but didn't. If you don't think it happened because you believe the TSA isn't capable of such outlandish things, check out the sock puppet whose gun was confiscated on another thread here.

Caradoc Dec 12, 2013 1:27 pm


Originally Posted by FredAnderssen (Post 21955132)
If you don't think it happened because you believe the TSA isn't capable of such outlandish things, check out the sock puppet whose gun was confiscated on another thread here.

Monkey. It was a sock monkey.

The sock puppets are the ones posting in support of the TSA. ;)

BlueStreak17 Dec 12, 2013 1:38 pm


Originally Posted by FredAnderssen (Post 21955132)
So you think he's inconsiderate because he stands up to bullying behavior which has nothing to do with security? I think he's quite brave. Do a search for those who stand up to the TSA when it comes to traveling with breast milk, colostomy bags, are wheelchair bound, or have small children. Do you also think they're being inconsiderate for standing up to the TSA?

I don't. I think a guy showing his ... because he was asked to say his name is. These are not equivalent things.




Originally Posted by FredAnderssen (Post 21955132)
How are you so certain? Can you quote any pertinent legal precedent for your certainty? Does one have the constitutional right to travel at all in the U.S., in your opinion? If so, by what means? Bus, car, train, bicycle, by foot?

I am not a constituional scholar and I don't have legal precedent to cite because, well, this is an internet message board and not a courtroom.
I have the right to travel, but not the right to expect someone to take me there. Buy my own plane, I can within reason do what I want, Fly on someone esle's plane, follow their rules.



Originally Posted by FredAnderssen (Post 21955132)
Of course they're agents of the government, but not those with authority to do whatever they want. For example, they don't have the authority to arrest as other agents (LEOs) have.
Then by the very definition, he would have been restricted. Time to destination can also be seen as a restriction, and obviously not allowing him to board a plane is restricting one possibility for him to travel. As an example, how would you get to Hawaii if you weren't allowed to board a plane? Can the government restrict boat travel as well?


Buy or charter your own plane. get on a boat. Buy a boat. build a raft. You have a choice. Trade the convenience of air travel for some inconvenience at a checkpoint. It annoys me, it is security theater. i get angry just when i see the line. But a violation of my constitutional rights? No way...



Originally Posted by FredAnderssen (Post 21955132)
If someone walks away with something of mine, then it certainly is theft. The assumption is that the TSO is going to look at the passport, not walk away with it. You said that the OP had the right to leave the area. How was he to do this when his items were taken from him?


It's not theft if you willingly give it to them, they keep it in plain sight and give it back to you after a short time. In no jurisdiction would this be prosecuted.



Originally Posted by FredAnderssen (Post 21955132)
Being brave is not a binary proposition. There are many levels of being brave, and the OP, though not as brave as the people you mentioned, has a certain amount of bravery.


Everyone displays a certain amount of bravery, even getting up and going to work every day. i just don't believe this behavior reaches the threshold to be commented on as such.


Originally Posted by FredAnderssen (Post 21955132)
Why would you doubt it? According to you, this person wasn't even brave. He/she could have embellished the story to impress even you, but didn't. If you don't think it happened because you believe the TSA isn't capable of such outlandish things, check out the sock puppet whose gun was confiscated on another thread here.

I'll give you this one. why would someone make up a story that makes them look like an idiot who is behaving like a petuant child. I take it back.


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