TSA Has Been Compiling A Shitlist Of Travelers It Just Doesn't Like

from the this-time-it's-personal dept

Fri, Jun 1st 2018 11:59am — Tim Cushing

The TSA is the worst. Super-secret watchlists can keep people from flying -- people deemed too dangerous to travel but not dangerous enough to arrest. This isn't the TSA's fault. Not these lists. Those are maintained by agencies who could possibly cobble together enough intel to build a flimsy case against these "dangerous" would-be travelers.

The TSA, however, maintains its own database of travelers. It can't necessarily keep them from boarding airplanes, but it can give agents a heads up that the person in the queue probably needs to be detained and hassled. [via Boing Boing]

The Transportation Security Administration has created a new secret watch list to monitor people who may be targeted as potential threats at airport checkpoints simply because they have swatted away security screeners’ hands or otherwise appeared unruly.

A five-page directive obtained by The New York Times said actions that pose physical danger to security screeners — or other contact that the agency described as “offensive and without legal justification” — could land travelers on the watch list, which was created in February and is also known as a “95 list.”

It's an agency shitlist, and only the TSA knows who's on it. This list doesn't contain people who've actually assaulted agents, but people who've expressed their displeasure with intrusive gropings through words or non-violent deeds. The agency's official statements make it clear this is an arbitrary way to punish travelers who make agents unhappy, noting that it neither requires "injury" to a TSA employee nor the intent to do so. Instead, the list contains anyone who presents a "challenge" to the "safe and effective completion of screening."

That's about the end of the TSA's honesty on the matter, however.

So far, the names of fewer than 50 people have been put on the watch list, said Kelly Wheaton, a T.S.A. deputy chief counsel.

But two other government security officials who are familiar with the new watch list, describing it on the condition of anonymity because they were not authorized to discuss it, said that the number of names on the list could be higher, with travelers added daily.

Without evidence, the TSA claims a whole 34 of its screeners were "assaulted" last year. Keep in mind this number pales in comparison to the millions of travelers screened every year. The fact that this happened eight more times last year than it did the year before (26 in 2016) does not demonstrate the need for a special list of argumentative travelers. Also keep in mind the TSA's definition of "assault" -- much like law enforcement's -- covers actions or words that do cause "injury" and may have been committed with zero intent to cause harm.

On top of the seemingly punitive motivations for creating the "95 list", there's the fact that once you're on this list -- like other government lists targeting travelers -- you may never come off.

The directive obtained by The Times does not specify how members of the public can appeal being included on the list.

Just like all the other travel-related watchlists, then. Great. So, the TSA can freely antagonize travelers and slap them on a watchlist if they respond antagonistically. I guess we can mark this down as a win for terrorists because it sure doesn't feel like a win for Americans.

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Filed Under: 95 list, list, tsa

40 Comments

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Anonymous Coward, 1 Jun 2018 @ 12:42pm

Assaults statistics
So 34 assaults on TSA employees, some of which were verbal only, and likely 0 of the 34 would qualify as a "sexual assault."

Millions of assaults on law-abiding travelers, almost everyone one of which involved non-consensual physical contact, and a substantial number of which would readily qualify as "sexual assault" if the assailant were not hiding behind a badge.

Yet the 34 assaults merit a secret harass-list and the millions go unredressed.
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That One Guy (profile), 1 Jun 2018 @ 12:47pm

'SUBMIT!'
The Transportation Security Administration has created a new secret watch list to monitor people who may be targeted as potential threats at airport checkpoints simply because they have swatted away security screeners’ hands or otherwise appeared unruly.

So people who are unhappy with being groped in public are now being added to a list for extra attention to punish them and cow others into being good little victims. Charming.

As if people needed more reasons to avoid air travel unless you absolutely must engage in it.
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That One Guy (profile), 1 Jun 2018 @ 12:50pm

'All animals are equal. Some are more equal than others.'
Of course. The 34 'victims' on the side of the TSA are special, deserving of the highest respect and deference, and therefore anything less than instant grovelling obedience is a terrible crime.

The peons though? Please, they had it coming, their betters know what's good for them and they need to shut up and accept it.
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Anonymous Coward, 1 Jun 2018 @ 1:05pm

...secret, non-judicial government "lists" of 'non-cooperative' or suspicious citizens are a hallmark of a police state.

No Americans worry about that when they actually vote for their rulers.

Police are always good; uncooperative citizens with non-mainstream political views are inherently dangerous.
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That One Guy (profile), 1 Jun 2018 @ 1:10pm

Re:
I suspect plenty worry about it, the problem is that it's a rare time when there's an alternative, and/or even those that are elected who do start out with good intentions quickly discover that they are surrounded by other politicians who quite like the privileged position they currently enjoy so they either stick to their guns and accomplish nothing, or start giving ground just to get something done, eventually having given everything up in the name of 'political expedience'.
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Anonymous Coward, 1 Jun 2018 @ 1:40pm

re: a Shitlist Of Travelers - how about a DOG-SHIT List?
It's a shame that the TSA does not keep a shit list of dogs - and not just for those that defecate on airplanes. The sad fact is that anyone is allowed to bring even the most vicious attack dog aboard a commercial flight onto their seat with them, unmuzzled and free of charge, simply by saying that their pet is an "emotional support" animal. Unlike registered service dogs, which are carefully selected and rigorously trained for their roles, these "emotional support" animals have no requirements whatsoever. The question is whether someone needs to die from these dog attacks before something is finally done about this snowflake-coddling insanity that's infected the entire airline industry.

https://www.ajc.com/travel/delta-passenger-bitten-emotional-support-dog-couldn-escape-says- attorney/nYtlgO1rGbVMv68XekCWUL/
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anonymous me, 1 Jun 2018 @ 1:40pm

Re: 'SUBMIT!'
Yes. That.

May I please vote on this comment ten times?
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JoeCool (profile), 1 Jun 2018 @ 1:48pm

Definitions

Also keep in mind the TSA's definition of "assault" -- much like law enforcement's -- covers actions or words that do cause "injury" and may have been committed with zero intent to cause harm.

They call it assault, every child ever would call it a stern look of disapproval.
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Anonymous Coward, 1 Jun 2018 @ 1:49pm

TSA has to do something or statistics will show they are fake
The TSA is a non-regulated, unneeded agency that steals millions of hours from the public and gives us hate and secret lists in return. Remind me again how they help make anything more safe?
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That One Guy (profile), 1 Jun 2018 @ 1:51pm

Re: TSA has to do something or statistics will show they are fake
It's great for job security, other than that...
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Chris ODonnell (profile), 1 Jun 2018 @ 1:51pm

3 years from now somebody will get a copy of the list, and Techdirt readers will be unusually well represented.
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Anonymous Coward, 1 Jun 2018 @ 1:59pm

Re: Represented
Out of the Blue won't fly, it's a violation of sovereign common law natural rights to show ID.
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Anonymous Coward, 1 Jun 2018 @ 3:04pm

A list of people they want to GANG RAPE more likely
All state agents are GANG RAPISTS
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Uriel-238 (profile), 1 Jun 2018 @ 3:40pm

So the identities of all TSA employees is public record, yes?
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Anonymous Coward, 1 Jun 2018 @ 3:51pm

Re: 'SUBMIT!'
Actually this list is a win for me. You see I do t get much will8ng physical contact. So the chance to be touched by another human is actually a nice change of pace.

;p
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Anonymous Coward, 1 Jun 2018 @ 4:27pm

Fascist country is fascist.
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That Anonymous Coward (profile), 1 Jun 2018 @ 5:59pm

And yet they can't manage to provide a list of agents arrested & charged...
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Anonymous Coward, 1 Jun 2018 @ 6:06pm

Everybody, write to TSA and demand to be added to this list because you definitely disapprove of their methods! Pass this message on to friends and relatives....
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Anonymous Anonymous Coward (profile), 1 Jun 2018 @ 6:38pm

Re:
Well, they are not on the '95' list, and those agents that have been arrested and charged are part of an ongoing investigation, so they cannot release those names. Those investigations will be ongoing for the foreseeable, and the unforeseeable future. Breath holding is not recommended.
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Uriel-238 (profile), 1 Jun 2018 @ 7:14pm

To fasc: Verb
I think part of the problem is we forgot the details of exactly how the fascism fasces in a fascist state.

More and more examples pour in every day.
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Bergman (profile), 1 Jun 2018 @ 9:43pm

Re: 'All animals are equal. Some are more equal than others.'
TSA agents are supposedly prohibited from touching people in ways and places that could constitute sexual assault.

And yet, if you touch a TSA agent right back in exactly the manner they touch you and in exactly the same places, you DO get charged with sexual assault.

Some animals are just more equal than other animals.
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discordian_eris (profile), 2 Jun 2018 @ 4:13am

If their religion says be an asshole, then they're following it too closely. Probably with the intent to probe it.
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Shaun Wilson (profile), 2 Jun 2018 @ 5:30am

the TSA's definition of "assault" -- much like law enforcement's...

It seems law enforcement's definition of assault usually involves citizens "assaulting" a (or many) police officers fists with the citizen's face - though I suppose this does make it a close matchup to the TSA's definition.
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Anonymous Coward, 2 Jun 2018 @ 6:18am

Re: Re: 'All animals are equal. Some are more equal than others.'
Double standard standard
lol
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Anonymous Coward, 2 Jun 2018 @ 6:22am

Re: 'SUBMIT!'
I suppose that is one of many things they call non violent resisting. Would a frown also be considered to be non violent resisting? Maybe the lack of a smile too, but they tell you not to smile because it screws up the facial recognition.
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Anonymous Coward, 2 Jun 2018 @ 6:24am

Re:
"No Americans worry about that when they actually vote for their rulers."

Did you possibly forget a coma after the word No?
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Anonymous Coward, 2 Jun 2018 @ 6:28am

Re: re: a Shitlist Of Travelers - how about a DOG-SHIT List?
They probably do have such a list but it would only be concerned with whether said dog did something tsa does not like.
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Anonymous Coward, 2 Jun 2018 @ 6:29am

Re: Definitions
The beatings will continue until morale improves
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Anonymous Coward, 2 Jun 2018 @ 6:31am

Re:
Dont forget bleeding upon an officers uniform
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Anonymous Coward, 2 Jun 2018 @ 3:26pm

Re: Re: 'All animals are equal. Some are more equal than others.'
They target women with large breasts. The gay TSA staff run competitions as to who can feel up the most cock in an hour.

There are THOUSANDS of paedophiles, convicted and non-convicted put in a position to fondle children away from their parents.
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Anonymous Coward, 2 Jun 2018 @ 3:27pm

Re: Re: 'SUBMIT!'
Of course you can frisk me. Please don't mind my erection, although if you brush against it one more time I'm likely to explode like a fire hydrant.
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Anonymous Coward, 2 Jun 2018 @ 3:29pm

Re: Re: re: a Shitlist Of Travelers - how about a DOG-SHIT List?
You mean if the dog objected to the TSA guy rubbing the dogs testicles and penis for 30-60seconds in a way that in ANY other place would get you charged with beastiality?
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Anonymous Coward, 2 Jun 2018 @ 7:41pm

Who is surprised about the list excluding Trump?
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Dobbie, 3 Jun 2018 @ 5:16pm

Is it constitutional?
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Uriel-238 (profile), 3 Jun 2018 @ 5:52pm

Constitutionality
I'm absolutely sure it's contrary to the <i>spirit</i> of the constitution (the words are a bit trickier) for a state agency to choose by internal list what parts of the public to serve or not.

This is certainly covered by the indictments in the Declaration of Independence, though.

The thing is, there is nothing enforcing constitutionality at this point, whether or not it actually is or isn't
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John85851 (profile), 4 Jun 2018 @ 12:05pm

Why don't the airlines weigh in on this?
I was going to ask when the airlines would weigh in on TSA's actions since it affects their customers: more TSA groping means less people flying means less customers for the airlines.
However, airlines have their own way of dealing with this issue: simply lower the price of the tickets. Then if someone can't fly due to the TSA's list, well, there's always someone else who's willing to buy the cheap ticket.
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Anonymous Coward, 4 Jun 2018 @ 2:24pm

Radical but potentially wise
Perhaps we need to make compiling lists of people as a government agency an incredibly serious crime. Since when was the last time there were ever any good results from such a listing?
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Lars, 6 Jun 2018 @ 10:19am

Re: Re: Re: 'All animals are equal. Some are more equal than others.'
Are you saying TSA is allowed to take a child from a parents line of sight and touch them?
That is messed up. America really is an unsafe shithole. Which is why I never took any of my children with me on business trips to America.
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Lars, 6 Jun 2018 @ 10:26am

Re: 'SUBMIT!'
Why have not anyone made a public website were people can submit name, picture and reason for putting the TSA agent on that public list of TSA agents that are disgusting in some way?
Could be a way to keep them inline. If they want off it they must have shown good behavior for a year without anyone reporting them again.
Of course the site should be on a non-American server.
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Lars, 6 Jun 2018 @ 10:32am

Re: re: a Shitlist Of Travelers - how about a DOG-SHIT List?
Wonder if I can get a child a free ride if you call it an "emotional support" animal?
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