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Question re: Name Game
I searched, I really did, but I couldn't find the answer. Since the name game now seems to have made it to JFK, my question is (and again, I'm sure it's been answered many times): What are the consequences if I refuse to say my name out loud and say "It's right there on my boarding pass and my ID"?
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I did that 2 weeks ago, honestly wasnt thinking about it. Wasn't rude, but just said "Um, you have it in your hands?". She kinda snickered and let me through. Don't know honestly if it means more to not say it??
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Originally Posted by vasantn
(Post 18450074)
I searched, I really did, but I couldn't find the answer. Since the name game now seems to have made it to JFK, my question is (and again, I'm sure it's been answered many times): What are the consequences if I refuse to say my name out loud and say "It's right there on my boarding pass and my ID"?
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Originally Posted by vasantn
(Post 18450074)
I searched, I really did, but I couldn't find the answer. Since the name game now seems to have made it to JFK, my question is (and again, I'm sure it's been answered many times): What are the consequences if I refuse to say my name out loud and say "It's right there on my boarding pass and my ID"?
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Simply put, you are not required to state your name and cannot be denied entry to the secure area if you do and you are not interfering with the screening process-no matter what the TSA says.
Simply show them a copy of this: CFR 1540.107 http://www.law.cornell.edu/cfr/text/49/1540.107 (a) No individual may enter a sterile area or board an aircraft without submitting to the screening and inspection of his or her person and accessible property in accordance with the procedures being applied to control access to that area or aircraft under this and specifically noted in subsection b1 and c (b) An individual must provide his or her full name, as defined in § 1560.3 of this chapter, date of birth, and gender when— (c) An individual may not enter a sterile area or board an aircraft if the individual does not present a verifying identity document as defined in § 1560.3 of this chapter Verifying Identity Document means one of the following documents: (1) An unexpired passport issued by a foreign government. (2) An unexpired document issued by a U.S. Federal, State, or tribal government that includes the following information for the individual: (i) Full name. (ii) Date of birth. (iii) Photograph. |
Originally Posted by goalie
(Post 18453283)
Simply put, you are not required to state your name and cannot be denied entry to the secure area if you do and you are not interfering with the screening process-no matter what the TSA says.
Simply show them a copy of this: CFR 1540.107 http://www.law.cornell.edu/cfr/text/49/1540.107 We do this by presenting our I/D and BP and specifically noted in subsection b1 and c We do this by presenting our I/D and BP and CFR 1560.3 defines a "Verifying Identity Document as So with all of that, there is nothing that says one is required to state their name Mike |
Everytime TSA does that to me (almost always at JFK) I need to suppress a laugh because I think back to the movie Animal House where the Fraternity President says to the Pledges, "I state your name do...." and the Pledges rather than actually stating their name say "I state your name do..."
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I always ask the TDC to see my travel documents, as I do not want to give a name that is different than what is on my boarding pass and identification. They never seem to understand the irony in that.
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A few weeks ago at JFK, I gave them a different first name and pronounced my last name so unintelligibly as if Vanna took all my vowels.
"Have a nice day" was her response. |
Originally Posted by vasantn
(Post 18450074)
I searched, I really did, but I couldn't find the answer. Since the name game now seems to have made it to JFK, my question is (and again, I'm sure it's been answered many times): What are the consequences if I refuse to say my name out loud and say "It's right there on my boarding pass and my ID"?
Originally Posted by goalie
(Post 18453283)
Simply put, you are not required to state your name and cannot be denied entry to the secure area if you do and you are not interfering with the screening process-no matter what the TSA says.
Simply show them a copy of this: CFR 1540.107 http://www.law.cornell.edu/cfr/text/49/1540.107 We do this by presenting our I/D and BP and specifically noted in subsection b1 and c (c) An individual may not enter a sterile area or board an aircraft if the individual does not present a verifying identity document as defined in § 1560.3 of this chapter Gilmore also suggests that the identification policy did not present a meaningful choice, but rather a "Hobson's Choice," in violation of the unconstitutional conditions doctrine. We have held, as a matter of constitutional law, that an airline passenger has a choice regarding searches: [H]e may submit to a search of his person and immediate possessions as a condition to boarding; or he may turn around and leave. If he chooses to proceed, that choice, whether viewed as a relinquishment of an option to leave or an election to submit to the search, is essentially a "consent," granting the government a license to do what it would otherwise be barred from doing by the Fourth Amendment. Davis, 482 F.2d at 913. Gilmore had a meaningful choice. He could have presented identification, submitted to a search, or left the airport. That he chose the latter does not detract from the fact that he could have boarded the airplane had he chosen one of the other two options. Thus, we reject Gilmore's Fourth Amendment arguments. ETA: The full text of goalie's CFR is (c) An individual may not enter a sterile area or board an aircraft if the individual does not present a verifying identity document as defined in § 1560.3 of this chapter, when requested for purposes of watch list matching under § 1560.105(c), unless otherwise authorized by TSA on a case-by-case basis. |
The only place I have consistently gotten the name game is Houston (IAH). One reason I have seen on this site they do this is that it is a penalty for failing some standard. I don't know if that is true or not.
At IAH, they refused to let me pass the TDC without saying my name. I tried for about 5 minutes then called a supervisor. Supervisor said same thing. At this point, I gave up, pulled out my DL (I use a passport card for the TDC). Looked at it, pulled out another copy of my BP, compared the two very contemplatively, then read the name incorrectly, but close. They let me pass. I took my BP from the TDC and tossed it in the garbage (which I always do after they write on it). last I tried to say "your name" when they said say your name. It didn't fly. Even better, my traveling companion replied, "No, he's on second" when asked, "What is your name." Didn't work either. |
After much introspection and consideration, I have determined that the asking of my name is a trivial matter as much as I hate answering. It is trivial as they already have my name and a verbal confirmation is worthless to them and requires little effort on my part. Likewise is the question about where I am going as long as the destination airport on my boarding pass is a sufficient answer. Once again they already have this information and attempting to withhold it in a verbal manner is insignificant.
It is my opinion only and you are welcome to yours. However the game changes when they ask me where I will be working, where I am staying, what I will be doing and any number of other questions. These questions are not trivial. I will ask for a supervisor and ask one question, well rehearsed: "What properly codified regulation or public law requires that I submit to a personal interrogation of a confidential nature to board an aircraft for domestic travel?" I may miss my flight. I may not be allowed into the sterile area. However, there are some battles that must be fought. This is one hill that I will try to take. Fortunately, none of the airports I use have made me test this, but I am firm in my resolve that I will not submit to this type of interrogation just to get on a plane. BTW, it has been a long time since we heard of one of these, except from BDO's, here on FT. Did the PIPI's end? |
Originally Posted by InkUnderNails
(Post 18489314)
After much introspection and consideration, I have determined that the asking of my name is a trivial matter as much as I hate answering.
However, what if we went back to before there were TDCs? What if all of a sudden, we now have to give ID, give a BP, state our name, give our destination, when before, all we did was go through the WTMD? My only point, is that little battles lead to little victories, that are winnable and that add up over time. Not fighting these battles means that each additional intrusion by the TSA eventually becomes a monumental intrusion. Just a thought(s). |
Originally Posted by cparekh
(Post 18493539)
This is a rational and agreeable approach. My only concern is the "slippery slope" argument. Simply put, each intrusion, legal or illegal, warranted or unwarranted, is marginally only a little worse than the last one. They require ID already, so saying my name is not that big a deal. They require my BP already, so that stating my destination is not a big deal. This is entirely rational and true (IMHO).
However, what if we went back to before there were TDCs? What if all of a sudden, we now have to give ID, give a BP, state our name, give our destination, when before, all we did was go through the WTMD? My only point, is that little battles lead to little victories, that are winnable and that add up over time. Not fighting these battles means that each additional intrusion by the TSA eventually becomes a monumental intrusion. Just a thought(s). |
I just play mute and make some hand gestures.
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