Why is CLEAR legal?
#16
Moderator: Travel Safety/Security, Travel Tools, California, Los Angeles; FlyerTalk Evangelist
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#17
Join Date: Feb 2010
Location: JFK LGA PBI BOI
Posts: 914
I don't know how clear works just saw it for the first time at PBI waiting in line which is right next to the clear machines. A person would use the Clear machine then the Clear employee would walk them to the TSA ID checker passing everyone in the TSA line. Clear employee would then show her airport badge around her neck to the TSA agent and the person with clear was waved thru. Each time, same Clear Employee same TSA Agent doing this showing the ID thing and the passenger's ID was never checked by TSA.
I don't understand the showing the employee ID each time. I do know when I'm escorted with gate pass by airport employee they show the ID but they are usually passing thru to the airside with us.
The rinse and repeat for each person escorted had me chuckle, the same person showing the ID to the same person checking the ID and I have no clue why.
I don't understand the showing the employee ID each time. I do know when I'm escorted with gate pass by airport employee they show the ID but they are usually passing thru to the airside with us.
The rinse and repeat for each person escorted had me chuckle, the same person showing the ID to the same person checking the ID and I have no clue why.
#18
Join Date: Nov 2010
Location: Baltimore, MD USA
Programs: Southwest Rapid Rewards. Tha... that's about it.
Posts: 4,340
Clear always did confuse me a little.
The way I understand it, a TSA security checkpoint is federal jurisdiction. TSA controls what happens in the c/p, either directly or through regulation of authorized private security contractors. That would include regulating who gets into the c/p, and in what order, and what identity verification they're required to endure. And TSA is adamant that identity verification is part of the actual screening process, so even if it's required for entry into the c/o, it cannot be abridged or eliminated without TSA's approval.
Since TSA is in charge of the identity verification, it is within their authority to authorize third-party contractors to conduct that verification, either in whole or in part. This is done routinely as part of federal background checks when applying for work on federal installations like military bases, and when applying for a trusted traveler program. I am not certain, but I believe that all PreCheck background checks are actually conducted by contractors, not federal employees.
So, if TSA wants to authorize a private company to conduct part of their ID checks for them, utilizing the same background checking procedures that are already authorized for PreCheck (and I would assume for Global Entry as well), then Clear is perfectly legal, so long as they follow whatever rules DHS lays out for such identity and background checks.
I tell ya WHUT, though - I ain't layin' out a hundred and ninety bucks a year fer it. But then again, unlike most FTers, I'm an infrequent flyer; if I flew as much as some of you, I might reconsider the value of Clear.
The way I understand it, a TSA security checkpoint is federal jurisdiction. TSA controls what happens in the c/p, either directly or through regulation of authorized private security contractors. That would include regulating who gets into the c/p, and in what order, and what identity verification they're required to endure. And TSA is adamant that identity verification is part of the actual screening process, so even if it's required for entry into the c/o, it cannot be abridged or eliminated without TSA's approval.
Since TSA is in charge of the identity verification, it is within their authority to authorize third-party contractors to conduct that verification, either in whole or in part. This is done routinely as part of federal background checks when applying for work on federal installations like military bases, and when applying for a trusted traveler program. I am not certain, but I believe that all PreCheck background checks are actually conducted by contractors, not federal employees.
So, if TSA wants to authorize a private company to conduct part of their ID checks for them, utilizing the same background checking procedures that are already authorized for PreCheck (and I would assume for Global Entry as well), then Clear is perfectly legal, so long as they follow whatever rules DHS lays out for such identity and background checks.
I tell ya WHUT, though - I ain't layin' out a hundred and ninety bucks a year fer it. But then again, unlike most FTers, I'm an infrequent flyer; if I flew as much as some of you, I might reconsider the value of Clear.
#19
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Clear has sort of become a paid-and-paying replacement for the airlines’ (and perhaps other companies’) priority security access lines. Paid for by its users — and/or subsidizers of its users — while being in financial cahoots with the airports as an airport tenant with de facto government support and select airline support as such.
Clear’s coattails providing access for (minor) children of Clear members also make it sort of useful for some infrequent flyers who are travel party members with accompanying Clear members.
Last edited by GUWonder; May 4, 2023 at 1:51 am