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Old Sep 15, 2012 | 9:46 am
  #46  
 
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Originally Posted by janetdoe
And once again, TSA dodges a bullet because there will be no courtroom discovery on the law/regulations/orders that govern showing ID at a security checkpoint.
49 C.F.R. § 1540.107 Submission to screening and inspection.

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 subchapter.

[67 FR 41639, June 19, 2002]
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Old Sep 15, 2012 | 11:15 am
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Originally Posted by TSORon
49 C.F.R. § 1540.107 Submission to screening and inspection.

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 subchapter.

[67 FR 41639, June 19, 2002]
None of which is violated if you pass through the checkpoint with a ticket in your own name that you later cancel, or a gate pass.
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Old Sep 15, 2012 | 1:22 pm
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Originally Posted by GUWonder
The airline agent consents to passenger boarding the flight when the boarding pass is swiped and the passenger is allowed by the airline employees at the gate to board. An airline may have employee representations or other representations that are not consistent with one another, but somewhere in the process someone with an agency relationship for the airline may well consent to boarding the passenger.
What if the boarding pass is actually a forgery? I don't think that just because the computer beeps, and the agent let's your board, constitutes "consent" to use of a fraudulent document.
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Old Sep 16, 2012 | 4:14 am
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Originally Posted by sbrower
What if the boarding pass is actually a forgery? I don't think that just because the computer beeps, and the agent let's your board, constitutes "consent" to use of a fraudulent document.
Why present a forged boarding pass to the airline agent when that is not even necessary in order to board the plane using a ticket and boarding pass issued in another name? A fraudulent document need not be presented to the airline in order to board.
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Old Sep 16, 2012 | 8:22 am
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Originally Posted by GUWonder
Why present a forged boarding pass to the airline agent when that is not even necessary in order to board the plane using a ticket and boarding pass issued in another name? A fraudulent document need not be presented to the airline in order to board.
You must not have reread your own message, from which I was quoting. I agree (as the OP) that this thread was not about presenting a forged boarding pass, it was an original. I was challenging *only* your statement that there is some form of "consent" when the agent allows you to board the plane.
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Old Sep 16, 2012 | 10:23 am
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Originally Posted by sbrower
You must not have reread your own message, from which I was quoting. I agree (as the OP) that this thread was not about presenting a forged boarding pass, it was an original. I was challenging *only* your statement that there is some form of "consent" when the agent allows you to board the plane.
Your idea of "must" seems to be different than the general meaning of that word in application.

Absent airline agent's consent to boarding by a passenger, how does a passenger board a plane when fraudulent documents are not involved and there is no criminal trespass? Accident minus consent?
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Old Sep 16, 2012 | 4:07 pm
  #52  
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Originally Posted by TSORon
49 C.F.R. § 1540.107 Submission to screening and inspection.

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 subchapter.

[67 FR 41639, June 19, 2002]
How does that in the least govern the presentation of id at the checkpoint? (BTW, your reference to 2002 is way out of date. That section was revised in 2008.)

49 C.F.R. §1540.107(a) requires that 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. So what does that entail? 49 C.F.R. §1540.5 defines "screening function" as "the inspection of individuals and property for weapons, explosives, and incendiaries." No TDC ID requirements here. Care to try again?
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Old Sep 16, 2012 | 8:32 pm
  #53  
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Originally Posted by GUWonder
Your idea of "must" seems to be different than the general meaning of that word in application.

Absent airline agent's consent to boarding by a passenger, how does a passenger board a plane when fraudulent documents are not involved and there is no criminal trespass? Accident minus consent?
So your point was that someone with a legitimate ticket, but who avoids the "beep" and "welcome onboard," is a stowaway? Or were you implying that there was actually a significance to your argument and that there is some form of "consent" in the beep and agent beyond the legitimacy of the ticket? And if you were implying that the consent has some relevance, then is that consent different for a legitimate ticket (perhaps with someone else's name) than it is for a forged ticket?
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Old Sep 17, 2012 | 2:06 am
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Originally Posted by sbrower
So your point was that someone with a legitimate ticket, but who avoids the "beep" and "welcome onboard," is a stowaway? Or were you implying that there was actually a significance to your argument and that there is some form of "consent" in the beep and agent beyond the legitimacy of the ticket? And if you were implying that the consent has some relevance, then is that consent different for a legitimate ticket (perhaps with someone else's name) than it is for a forged ticket?
You seem to have your own idea of what was posted, despite what was posted, and despite what was not posted, in my words.
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Old Sep 17, 2012 | 9:42 am
  #55  
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Originally Posted by GUWonder
You seem to have your own idea of what was posted, despite what was posted, and despite what was not posted, in my words.
I have been here even longer than you (although I have posted less), so I am somewhat familiar with your debate style.

For the record, having considered your non-response, I will allow the other readers of this post to make their own decision about the merit of your ORIGINAL statement, which I accurately quoted and questioned.
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Old Sep 17, 2012 | 6:49 pm
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Originally Posted by sbrower
I have been here even longer than you (although I have posted less), so I am somewhat familiar with your debate style.

For the record, having considered your non-response, I will allow the other readers of this post to make their own decision about the merit of your ORIGINAL statement, which I accurately quoted and questioned.
So this line of "questioning" was more based on an issue with personalities than with the actual content of the posts itself, posts which you seem to have (mis-)understood differently than I (i.e., the maker of the posts)? Not a surprise, but that is not a game I am interested in playing.

I won't go into who has been here longer, as it's not relevant even when built on misinformation.

As a practical matter, it is possible to fly on someone else's ticket without there being any criminal violation. Airline agent consent to board such passengers too helps to make that happen.
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Old Sep 22, 2012 | 6:34 am
  #57  
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Originally Posted by janetdoe
And once again, TSA dodges a bullet because there will be no courtroom discovery on the law/regulations/orders that govern showing ID at a security checkpoint.
Originally Posted by TSORon
49 C.F.R. § 1540.107 Submission to screening and inspection.

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 subchapter.

[67 FR 41639, June 19, 2002]
Originally Posted by ND Sol
How does that in the least govern the presentation of id at the checkpoint? (BTW, your reference to 2002 is way out of date. That section was revised in 2008.)

49 C.F.R. §1540.107(a) requires that 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. So what does that entail? 49 C.F.R. §1540.5 defines "screening function" as "the inspection of individuals and property for weapons, explosives, and incendiaries." No TDC ID requirements here. Care to try again?
Ron, don't want to try again or admit your practice of law leaves something to be desired?
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Old Sep 27, 2012 | 11:37 pm
  #58  
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No one answered the question of "Why."

Why does it matter if someone's name matches their boarding pass?

Someone with malicious intent could easily make a fake name and fake ID. They'd still need to go through security which presumably would remove anything dangerous from them.

So why do we need a name in the first place? Sure, the airline might want the name for record-keeping purposes, but from a safety and privacy perspective, there's no real reason we need people's names.
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Old Sep 28, 2012 | 5:31 am
  #59  
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The main reason is airlines' revenue protection and to enable them to verify that people have valid documents for their destination.
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Old Sep 28, 2012 | 6:23 pm
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The OP asked:
Originally Posted by sbrower
Am I correct that it is still easy to use somone else's ticket for domestic travel? I am not posting the method here, but it seems to me that it would be really easy, unless I am missing something. (I am not talking about using any fake id.)
I answered:
... will get you arrested more than likely. There are 2 ID checks between the main airport doors and the aircraft, failing at either will get the local police called.
To which you state:
Originally Posted by studentff
What crime? It's been established that for 99% of domestic USA flights, a passenger who is not on the blacklist could present a *real* BP (refundable ticket) or gate pass with their *real* ID at TSA's TDC, and then get on the plane using the other person's BP without a second look as long as the gender matches the perceived gender of the other person.
Which of course has nothing to do with my answer to the OP’s question.

And the second question in the thread directed to me is:
Originally Posted by NY-FLA
Arrested and charged with what?
For which another poster provides the answer:
Originally Posted by janetdoe
18 U.S.C. 1036(a)(4),(b)(1): ATTEMPTED ENTRY BY FALSE PRETENSE TO SECURE AREA OF AIRPORT.
But for which I provide:
49 C.F.R. § 1540.107 Submission to screening and inspection.

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 subchapter.

[67 FR 41639, June 19, 2002]
When another poster jumps in with:
Originally Posted by marklyon
None of which is violated if you pass through the checkpoint with a ticket in your own name that you later cancel, or a gate pass.
Which is again off topic of the original post and something for which I did not provide any information nor was asked about.

With which another poster replies:
Originally Posted by ND Sol
How does that in the least govern the presentation of id at the checkpoint? (BTW, your reference to 2002 is way out of date. That section was revised in 2008.)

49 C.F.R. §1540.107(a) requires that 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. So what does that entail? 49 C.F.R. §1540.5 defines "screening function" as "the inspection of individuals and property for weapons, explosives, and incendiaries." No TDC ID requirements here. Care to try again?
But you missed 49 C.F.R. 1540.107 Sub-part B (c) which states:
“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.”

Which is current as of 9/26/2012. http://ecfr.gpoaccess.gov/cgi/t/text...2.10.4&idno=49

Originally Posted by ND Sol
Ron, don't want to try again or admit your practice of law leaves something to be desired?
Good enough? And I have never said I practice law, only that I can read it and understand what I read. Better than some here that's for sure.

Last edited by TSORon; Sep 28, 2012 at 6:32 pm
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