The Department of
Homeland security has announced a new program, "Secure Flight,"
designed to screen flight passenger data and flag possible
terrorists before they board an airplane. Congress should support
testing and implementation of Secure Flight and move this
initiative forward quickly. Failure to do so will leave one of the
most glaring gaps in America's post-9/11 defense unaddressed.
The 9/11
Commission's final report proposed over three dozen recommendations
for fighting the war on terrorism. Among them, the Commission found
that we still lack an adequate means to screen all passengers of
commercial flight against watch lists that identify known or
suspected terrorists. Today, airlines still rely primarily on the
Computer-Assisted Prescreening Passenger System (CAPPS), a program
created long before 9/11 that tries to identify suspicious
passengers for further screening based on certain criteria, such as
the form of payment and travel itinerary information. CAPPS failed
to keep any of the 19 hijackers of 9/11 off a plane.
The Transportation
Security Administration (TSA) planned to replace this system with
CAPPS II, which would have had the capability not only to check
passenger data against terrorist watch lists, but also to identify
individuals who might have links to terrorist groups, based on
government
intelligence and other information, rather than the arbitrary
models in CAPPS. Unfortunately, a contentious debate over how best
to use the data and protect civil liberties hamstrung TSA's
efforts. Congressional restrictions bogged down the implementation
of CAPPS II, preventing TSA from rapidly testing and deploying the
system.
Rather than remaining
embroiled in a protracted debate over what would be a perfect
program, TSA wisely chose to restructure CAPPS II into an
initiative, Secure Flight, that will accomplish the most immediate
and essential task, watch list screening. TSA has proposed to test
Secure Flight and, if successful, to move forward to implementation
of the program.
Under Secure Flight, TSA
will check passenger information against identifying information in
the database of the Terrorist Screening Center. The Center, created
by the President to integrate the information available on all the
terrorist watch lists maintained by federal agencies, will be able
to tell TSA accurately which passengers require further screening.
In addition, since the system will be operated by TSA rather than
the airlines, the costs of implementation will be borne by the
government and not the air carriers, reducing their long-term
costs. More significantly, Secure Flight resolves a number of
security and privacy concerns. Because the watch-list checking will
be done by TSA, Secure Flight will be able to use a classified
list, rather than the unclassified list now shared with
airlines.
Some say that Secure
Flight is just a warmed over version of CAPPS II. They are wrong.
In addition to changing who is responsible for cross-checking
passenger flight information with the watch list, Secure Flight
makes other changes:
-
Secure Flight will not apply to international
travel;
-
Secure Flight will be limited to terrorism
threats and will not apply to traditional criminal offenses;
and
-
In the test phase, only historical data will
be used, and the utility of commercial data as a source of accuracy
will be examined and tested.
Congress should
appropriate funds for the rapid testing and implementation of
Secure Flight without imposing cumbersome restrictions. To be sure,
as the program is developed, additional civil liberties protections
will need to be added-for example, a redress mechanism has yet to
be determined. But, on balance, the Department of Homeland Security
is to be commended for providing leadership to ensure that Secure
Flight is implemented efficiently and with due regard for security,
privacy, and civil liberties.
Most importantly, Secure
Flight is likely to become a "spiral development" program that
allows for adding new features and technologies to improve our
capacity to find possible terrorists and protect the rights and
privacy of individuals. Secure Flight should represent the
baseline, not the end state of our efforts to
use technology to thwart the threat of global
terrorism.
Paul
Rosenzweig is Senior Legal Research Fellow in the Center for Legal
and Judicial Studies, James Jay Carafano, Ph.D., is Senior Research
Fellow in Defense and Homeland Security in the Kathryn and Shelby
Cullom Davis Institute for International Studies, and Alane Kochems
is a Research Assistant in the Kathryn and Shelby Cullom Davis
Institute for International Studies, at The Heritage
Foundation.