TSA is keeping tabs on those who OPT OUT

Discussion in 'Aviation Passenger Security in the USA' started by Monica47, Nov 5, 2012.

  1. Monica47

    Monica47 Original Member

    http://www.tennesseesonsofliberty.com/2012/11/tsa-is-keeping-tabs-on-those-who-opt-out.html?m=1

    Last weekend, Liberty Activist Kristen Meghan attended Music City Liberty Fest in Nashville, TN on November 3, 2012. While attempting to fly home she was harassed by the TSA at the Nashville International Airport. She refused the irradiating bodyscanners and submitted to a patdown. Due to a medical condition, she asked for a private screening. She was taken to a private area and noticed a form was being filled out.

    Kristen was told this form records your name, gender, where you came from, where your going, your airline, flight # and as much information as they can obtain from you and your boarding pass. This mysterious form is then placed in a binder. Kristen was not allowed to see the form or have a copy of the form.

    It seems like the TSA in Nashville, TN are keeping detailed records of those free human beings who treasure their privacy and dare to question authority.
     
    Elizabeth Conley likes this.
  2. Elizabeth Conley

    Elizabeth Conley Original Member

    It's just confirmation of what we've always known. The extra harassment meted out to those who opt out is why the most helpful thing any citizen can do is to opt out themselves.

    The more citizens opt out, the harder it will be to keep track of so-called "dissidents."

    The goal of opt-out protests is to make it so it's more efficient to fill out a form for those who opt-in.
     
    DeafBlonde likes this.
  3. FliesWay2Much

    FliesWay2Much Original Member

    Please contact DOJ Office of Civil Rights and copy the DHS IG hotline. If this database (binder) contains personally identifiable information (PII) and is not part of an established TSA system of records, this data base is illegal according to the Privacy Act. The individuals who created and maintain this illegal data base can face felony charges, jail time, and fines.
     
    KrazyKat and phoebepontiac like this.
  4. Mike

    Mike Founding Member Coach

    From TSA's own web site (not that they follow their own guidelines :rolleyes: ):

    Are TSA's Privacy Act Systems of Records exempt from certain provisions of the Act?
    The Privacy Act, 5 U.S.C. § 552a(j) and (k), does allow agencies to exempt portions of systems of records from specific provisions of the Privacy Act. In order to do this, agencies must issue a Notice of Proposed Rulemaking (NPRM) in the Federal Register and the public has an opportunity to comment on the NPRM. TSA has claimed exemptions from specific provisions of the Privacy Act for some of its systems of records. See Privacy Act of 1974: Implementation of Exemptions, 71 FR 44223. For example, TSA has exempted portions of its enforcement system of records, DHS/TSA 001 Transportation Security Enforcement Record System (TSERS) from the access provisions of the Privacy Act pursuant to 5 U.S.C. § 552a(k)(1), (k)(2) and (j)(2). We've claimed these exemptions because some of these records relate to criminal investigations and access to the records could inform the subject of the records of the investigation or could permit the individual to impede the investigation or avoid detection or apprehension, which undermines the entire system.​

    This does not mean that every record in the system is exempt from access. For example, if you have been involved in an incident at a TSA checkpoint and you believe a report has been made by TSA, you can make a Privacy Act request to ascertain whether any records exist and, if so, obtain a copy of the records. Requests for records can be made to the TSA FOIA Office at Transportation Security Administration, Freedom of Information Act Office, TSA-20, 601 South 12th Street, Arlington, VA 20598-4220 or FOIA.TSA@dhs.gov.

    I'd suggest that everyone who opts out and notices any paperwork being filled out as a result (this behavior has been observed about as long as people have been opting out) immediately file an FOIA request for the a copy of the information.

    Information on filing a FOIA request with DHS is here:


    If your request is denied, pass a copy of the request & denial on to EPIC.

    If everyone who opts out & observes the report being written follows with an FOIA request, their system will quickly bog down.
     
    phoebepontiac likes this.
  5. Fisher1949

    Fisher1949 Original Member Coach

    I suspect this is just another intimidation tactic, otherwise they could just note the pax information without the theatrics.
     
  6. FetePerfection

    FetePerfection Founding Member Coach

    I am 100% sure this is intimidation and theatrics because I opt-out every single time and they don't know me from Jane Doe, nor do they ask.
     
    worldwide and Elizabeth Conley like this.
  7. CelticWhisper

    CelticWhisper Founding Member

    Moved from "Experiment to Expose" thread:

    Ugh. That's distressingly insightful - makes me wish I had gone with my onetime plan of studying psychology. Might have had a better time cracking it open.

    Seems to me, though, like it's using fear of the unknown coupled with the intimidating impersonality of "The System" to cow people into submission. "This report is going into the system. That means it's beyond me, and you can only reach as far as me. When the system gets it, well..." And there's never a straight answer of what happens.

    Of course, the rub is that nothing happens. It sits in a drawer in some DHS office cellar in a disused lavatory with a sign...well, you know the rest...and nobody does a damn thing. The pax's imaginations fill in the details, though, and usually with a worst-case scenario. And thence comes obedience.

    Perhaps a good idea would be to mock it. I can't remember who said it, though it's probably been more than one person, but it's been said that mockery can be a powerful weapon against injustice. Remember that opting out is a RIGHT. So make sure that if they're wasting their time documenting some one-off instance of citizens exercising their rights, that they get all the details. "Earlier this month I exercised my right to peaceably assemble when I marched in a parade to support appreciation of the skills of sushi chefs. And today, at 11:43 AM I exercised my right to free speech when I criticized Obama's policy on K-12 education to my cabbie while I was en route to this airport. Oh, TUESDAY! There was a uniformed Marine who asked to come in and use the phone and I said NO WAY. I have the right to not quarter troops in my home, and while I don't think a few minutes on the phone was really what the founding fathers had in mind, I exercised that right anyway. Now, there was this time last Wednesday, shortly after lunch, when..."

    Ramble, and wear the biggest (expletive deleted)-eating grin you can possibly manage, and be loud about it. Make sure other pax hear you and make the whole thing into an impromptu comedy routine. Embarrass the dumbass smurf-clerk, assuming it has the intellectual capacity to understand and experience embarrassment, and make sure other pax realize there's nothing to this "documentation" threat.
     
    Elizabeth Conley likes this.
  8. Elizabeth Conley

    Elizabeth Conley Original Member

    ^ Hysterical. You made my morning with this.
     
  9. FliesWay2Much

    FliesWay2Much Original Member

    As Mike points out above, and as I have also written, this is serious stuff. While the clerks might view it as a method to intimidate, or, just as a nice-to-have list, the U.S. government (TSa nonwithstanding) takes this stuff seriously. Mike quoted the procedures for a Privacy Act request involving official records contained in an approved System of Records. The TSA did publish a Privacy Impact Assessment about the pofficial system of records used for "investigations." It will take me a while, but I know I have it. I seriously doubt that records containint PII on those who opt out is an official System of Records. You can cause some serious heat on these clerks if they are recording PII not contained in a System of Records. It's ILLEGAL!

    The next time a clerk attempts to record personal information when you opt out, ask them:

    1. Into which system of records (by name -- it will have one) your information will be recorded;
    2. For a copy of the Privacy Act statement* pertaining to their collection of these records;
    3. For a copy of the Privacy Impact Assessment pertaining to this System of records;
    4. If they understand the criminal penalties associated with keeping an unauthorized system of records; and,
    5. If you believe this is an unauthorized system of records, you intend to have them arrested and prosecuted.


    I guarantee you will have them baffled and back-tracking haflway through #2.

    * This is the written statement they are supposed to present before collecting information. Among other things, it states what information they propose to collect, what it will be used for, who they can share the information with, how long they will keep it, if, your compliance is mandatory or voluntary, and, impacts if you do not provide the information. (Look on any of your IRS tax forms and you'll see a version of this.)
     
    FaustsAccountant, Frank and worldwide like this.
  10. FaustsAccountant

    FaustsAccountant Original Member


    while I agree with all you say,I'd like to point out that just because something is illegal, that doesn't stop TSA screeners and employees from doing it.
     

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