ACLU seeks government data regarding no-fly list

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ACLU seeks government data regarding no-fly list

SAN FRANCISCO (AP) =97 The American Civil Liberties Union sued the FBI and=
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other government agencies Tuesday on behalf of two peace activists who say=
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they were wrongly detained at San Francisco International Airport because=20
their names popped up on a secret no-fly database. The ACLU also said that,=
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during the past two years, 339 SFO travelers' names popped up in a database=
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as they were checking into their flights, according to documents the group=
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obtained from the airport via the Freedom of Information Act. Those=20
travelers, like the ones who sued Tuesday, were allowed to continue with=20
their flights after briefly being detained and questioned by authorities.=20
The ACLU is asking a federal judge to demand that the FBI, the Justice=20
Department or the Transportation Security Administration disclose who is on=
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the list, how one gets on it and how somebody can get off it.
"If this is happening just at SFO, then thousands of passengers are likely=
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being subjected to the same sort of treatment at airports across the=20
country," said Jayashri Srikantiah, an ACLU attorney. "And the public knows=
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very little about the list."
The so-called no-fly list was introduced after the Sept. 11 terrorist=20
attacks and is meant to prevent potential terrorists from boarding planes.=
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The TSA gets names from law enforcement officials and hands the list over=20
to airlines to screen passengers.
But the ACLU wants to know the protocol by which somebody gets on the list=
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and how he can get off the list. The group also wants the government to=20
disclose to passengers who is on the list.

The lawsuit was brought by Rebecca Gordon and Janet Adams, two peace=20
activists who co-publish San Francisco-based War Times, a nationally=20
distributed newsletter critical of the Bush administration. They were=20
stopped last August while checking in  for a San Francisco flight to=20
Boston, and detained by authorities until cleared for travel. "It was very=
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distressing," Gordon said.
With the help of the ACLU, the two invoked the Freedom of Information Act=20
to demand the FBI, TSA or Justice Department explain what happened and to=20
disclose why they were stopped. The TSA, formerly the Federal Aviation=20
Administration, did not respond to their request and the FBI said no files=
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on the two existed, the ACLU said. "No records pertinent to your ...=20
request were located by a search of manual indices," wrote David M. Hardy,=
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chief of the FBI's records division, in a Jan. 6 letter to the ACLU. FBI=20
spokesman Bill Carter referred inquiries to TSA. He said the FBI and a host=
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of government and intelligence agencies forward names to TSA for inclusion=
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in the TSA-maintained no-fly database. The FBI, he said, provides names of=
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people "if they were involved in terrorist activity based on current=20
investigations." TSA spokesman Niko Melendez said those on the no-fly list=
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pose, or are suspected of posing, a threat to civil aviation and national=20
security. "We do not confirm the presence of a particular name of an=20
individual on a list," he said. "It's security information that we just=20
won't do." Meanwhile, the government is planning to assign a threat level=20
to all airline passengers.

The Computer Assisted Passenger Prescreening System was ordered by Congress=
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after the Sept. 11 attacks. The plan is to develop a nationwide computer=20
system that will check such things as credit reports and consumer=20
transactions and compare passenger names with those on government watch=20
lists. Airlines already do rudimentary checks of passenger information,=20
such as method of payment, address and date the ticket was reserved. Under=
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the developing system, which TSA officials hope to have operating=20
nationwide by the end of the year, the government will rate each=20
passenger's risk potential according to a three-color system: green,=20
yellow, red. When travelers check in, their names will be punched into the=
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system and the boarding passes encrypted with the ranking. TSA screeners=20
will check the passes at checkpoints. The vast majority of passengers will=
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be rated green and won't be subjected to anything more than normal checks,=
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while yellow will get extra screening and red won't fly. Tuesday's lawsuit=
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is Gordon v. FBI, 03-1779.


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