----- Original Message ----- From: "Declan McCullagh" <declan@well.com> To: <politech@politechbot.com> Sent: Saturday, February 02, 2002 3:04 AM Subject: FC: Canada's proposed system for profiling air travelers > > > ---------- Forwarded message ---------- > Date: Fri, 01 Feb 2002 11:33:03 -0500 > From: Mychelle Tremblay <myt@cyberie.qc.ca> > To: declan@well.com > Subject: Re: FC: Feds will begin testing massive system to profile air > travelers > > Declan, > > This Notice of Intent was published in the Canada Gazette on December 29, > 2000. > > > http://canada.gc.ca/gazette/part1/ascII/g1-13552_e.txt > > DEPARTMENT OF TRANSPORT > > AERONAUTICS ACT > > Notice of Intent > > This notice is to advise the public of Transport Canada's intention, > pursuant to section 4.83 of the Aeronautics Act, as amended by Bill C-44, > An Act to amend the Aeronautics Act, to develop regulations that would > identify the information that an operator of an aircraft may provide to the > competent authority of a foreign state (for example, the United States) if > the laws of that foreign state require this information. > > Subsection 4.83(3) of the Aeronautics Act authorizes the making of > regulations respecting the type or classes of information that may be > provided and specifying the foreign states to which the information may be > given. An outline of the proposal is presented in the schedule of this notice. > > Proposals to regulate two classes of information about flight crew and > passengers are being considered. The first would consist of basic > information while the second would consist of additional information. An > operator of an aircraft could give the additional information only if the > competent authority of a foreign state specifically requested it. At > present, the only foreign state to which the regulations would apply is the > United States (U.S.). > > Basic information about the passengers and crew members would include the > name, birth date, citizenship, gender, number of the passport and, if > applicable, U.S. visa or resident alien card. Individual passengers now > provide this information to U.S. customs officials when they land in the > United States or when being examined at preclearance inspection facilities > at major airports prior to the departure of their flight from Canada. > > Additional information about the passengers that might be requested by the > competent authority includes the name of the travel agency that made the > arrangements, the date of ticket issue, itinerary cities, the destination > in the foreign state, seat assignment on the flight, the number of pieces > of baggage checked by the passenger, class of service and passenger > telephone numbers and addresses. > > The President of the United States signed the Aviation and Transportation > Security Act into law on November 19, 2001. The American Act requires that > basic passenger information be provided in advance in respect of all > flights entering the United States and that, upon request, additional > information also be provided. The requirements under the American Act come > into force on January 18, 2002. > > The U.S. Customs Service has not yet identified a definitive list of the > additional passenger information that must be provided to the United States > under the U.S. Aviation Security and Transportation Security Act. As a > result, only the proposal to provide the information contained in the > passenger name record and referred to in the Agreement on Air Transport > Preclearance between The Government of Canada and The Government of the > United States of America, signed January 18, 2001, is being considered at > present. Preliminary consultations with the U.S. Customs Service, carried > out through the U.S. Embassy, did not identify additional information that > would be required. > > The American legislation may impose a burden on air carriers, depending on > the current method of data retention. If air carriers are required to > provide a subset of the data elements making up their passenger name > records, the cost of changing hardware and programming to be able to do > this in real time could be substantial. > > Interested persons may obtain more information or make representations with > respect to this Notice of Intent to the Minister of Transport within seven > days after the date of publication of this notice. All such representations > should cite the Canada Gazette, Part I, and the date of publication of this > notice. Each representation must be in writing and be sent to Mr. Jim > Marriott, Director, Security Policy and Legislation (ABA), Security and > Emergency Preparedness, Safety and Security Group, Department of Transport, > Place de Ville, Tower C, 330 Sparks Street, Ottawa, Ontario K1A 0N8, (613) > 996-6381 (Facsimile). > > Persons making representations should identify any of those representations > the disclosure of which should be refused under the Access to Information > Act, in particular under sections 19 and 20 of that Act, and should > indicate the reasons why and the period during which the representations > should not be disclosed. They should also identify any representations for > which there is consent to disclosure for the purposes of that Act. > > December 20, 2001 > > DAVID M. COLLENETTE > > Minister of Transport > > SCHEDULE > > An operator of an aircraft departing from Canada or of a Canadian aircraft > departing from any place outside Canada may provide basic information about > the passengers and crew members to the competent authority in a listed > foreign state. Information in the passenger name record may be provided > only at the request of the competent authority. > > INFORMATION ABOUT THE PASSENGERS AND CREW MEMBERS > > - The surname, first name and initial or initials > > - The date of birth > > - The citizenship or nationality or, failing these, the country that > issued the travel documents for the flight > > - The gender > > - The number of the passport and, if applicable, visa or resident alien card > > INFORMATION FROM THE PASSENGER NAME RECORD > > - The date on which the passenger name record was created > > - If applicable, a notation that the passenger arrived at the departure > gate with a ticket but without a reservation for the flight > > - If applicable, the names of the travel agency and travel agent that made > the travel arrangements > > - The date on which the passenger's ticket for the flight was issued > > - If applicable, a notation that the passenger exchanged their ticket for > the flight > > - The date, if any, by which the ticket for the flight had to be paid for > to avoid cancellation of the reservation or the date, if any, on which the > request for a reservation was queued from the operator of the aircraft to > the ticketing office > > - The number assigned to the ticket for the flight > > - If applicable, a notation that the ticket for the flight is a one-way > ticket > > - If applicable, a notation that the ticket for the flight is valid for > one year and that is issued for travel between specified points with no > dates or flight numbers assigned > > - The city or country in which the travel included in the passenger name > record begins > > - The itinerary cities, being all points where the person will embark or > disembark > > - The name of the operator of the aircraft > > - The code of the operator of the aircraft and the identification number > for the flight > > - The destination in the foreign state > > - The travel date for the flight > > - Any seat assignment on the flight that was selected for the passenger > prior to departure > > - The number of pieces of baggage checked by the person to be carried in > the aircraft's cargo compartment on the flight > > - The baggage tag numbers > > - The class of service in respect of the flight > > - Any stated seat request in respect of the flight > > - The passenger name record number > > - The telephone numbers of the person and, if applicable, the telephone > number of the travel agency that made the travel arrangements > > - The address of the person and, if applicable, of the travel agency that > made the travel arrangements > > - The manner in which the ticket was paid for > > - If applicable, a notation that the ticket was paid for by a person other > than the ticket holder > > - If applicable, a notation that there are gaps in the itinerary included > in the passenger name record that necessitate travel by an undetermined method > > - Routing information in respect of the travel included in the passenger > name record, being the departure and arrival points, codes of the operators > of the aircraft, stops and surface segments > > - If applicable, a notation that the ticket is in electronic form and > stored electronically in the reservation system of the operator of the > aircraft > > LIST OF FOREIGN STATES AND COMPETENT AUTHORITIES > > United States, Commissioner of Customs > > > > > ------------------------------------------------------------------------- > POLITECH -- Declan McCullagh's politics and technology mailing list > You may redistribute this message freely if you include this notice. > Declan McCullagh's photographs are at http://www.mccullagh.org/ > To subscribe to Politech: http://www.politechbot.com/info/subscribe.html > This message is archived at http://www.politechbot.com/ > ------------------------------------------------------------------------- > Events: Congreso Nacional de Periodismo Digital in Huesca, Spain from > Jan. 17-18 (http://www.congresoperiodismo.com) and the Second > International Conference on Web-Management in Diplomacy in Malta from > Feb. 1-3. 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