“Flight 369 to Washington now boarding. Please line up in an orderly manner. Except you, Senator Kennedy. You’re not going anywhere, you terrorist.”
Sen. Edward “Ted” Kennedy, the best known victim of the FBI and Transportation Security Administration secret “no-fly” list, has been detained five times while attempting to board airline flights. Apparently, the list includes the name “T. Kennedy,” an alias used by a terrorist suspect. As a senator, Kennedy was able to get his name removed from the list and an apology from Secretary of Homeland Security Tom Ridge-but only after three weeks of discussions with the TSA.
Other people have shared Kennedy’s situation. According to CNN.com, “TSA spokesman Mark Hatfield said about 250 people have written to complain and said there is a process in place for those who are inconvenienced.” The process is clearly difficult to undergo, since a U.S. senator was stopped five times before being removed from the list.
Since being cleared once does not remove a person from the list, victims of the list have to keep going through the same hassle repeatedly. The American Civil Liberties Union has filed a lawsuit against the TSA and Department of Homeland Security on the behalf of seven plaintiffs, including a retired minister, ACLU employees and attorneys, a college student and an Air Force master sergeant. The lawsuit seeks a clear method to remove mistaken names from the list.
As Kennedy’s plight shows, the “no-fly” list and its counterpart “selectee” list, which singles people out for more extensive security checks, are imperfect. Master Sgt. Michelle Greene has been stopped repeatedly. She is a high-ranking noncommissioned officer in the Air Force, yet she is still on a suspected terrorist list.
According to the San Francisco Chronicle, security can also easily mistake people with similar names. For instance, at least three people were detained for having names similar to J. Adams.
The questioning, detention and extra searches that victims of such mistakes go through are not only a hassle and an embarrassment-sometimes causing passengers to miss their flights entirely-but they can also be defamatory. Since the lists supposedly contain terrorist suspects, it is natural for other passengers to wonder why someone is on the list in the first place.
In addition to being a hassle, the “no-fly” list is ineffective. According to MSNBC, no arrests have been made from the list. If known terrorists are on the list, clearly they are either not flying at all or not being caught when they do. Furthermore, the “no-fly” list is supposed to include “threats to aviation.”
Even several people, unarmed and locked in a cabin with dozens or hundreds of other passengers who will resist aggressive action, are not a “threat to aviation.” Since Sept. 11, 2001, passengers and crew will not sit by as an aircraft is hijacked. They will fight back.
Finally, the list contradicts fundamental American principles. It limits a person’s freedom to travel, a necessary requirement for a free society. The list is made up in secret by secret people for secret reasons. Limiting freedoms without due process-another basic principle of our society-prevents people from knowing their accusers or being able to defend themselves.
If a person is a suspected terrorist, he or she should be arrested. If not, he or she should not be denied air travel without a trial. If a person is required for an investigation of terrorists, it is reasonable that he or she be questioned and even searched. Otherwise, it is unfair to single one person out for special searches or deny them travel.
Secrecy also makes the list easily abused. Anyone with access to the list may abuse it by placing political opponents, journalists, activists or anyone else whom they choose on it. Keeping a list of suspected terrorists secret is reasonable. If one knew he was on the list, he would likely be more careful, but a secret list of people not suspected of crimes is unreasonable-especially given the lack of oversight and difficulty of being removed from the list.
The “no-fly” is reasonable in only one circumstance: as a list of suspected criminals to be arrested instead of being allowed to fly. Beyond that, this easily-abusable and imperfect system does little but create inconvenience and injustice for innocent passengers.
Nathan Alday is a senior aerospace engineering major. He can be reached at n[email protected].