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Collecting of Details on Travelers Documented
The DHS database generally includes "passenger name record" (PNR) information, as well as notes taken during secondary screenings of travelers. PNR data -- often provided to airlines and other companies when reservations are made -- routinely include names, addresses and credit-card information, as well as telephone and e-mail contact details, itineraries, hotel and rental car reservations, and even the type of bed requested in a hotel.
The records the Identity Project obtained confirmed that the government is receiving data directly from commercial reservation systems, such as Galileo and Sabre, but also showed that the data, in some cases, are more detailed than the information to which the airlines have access.
Ann Harrison, the communications director for a technology firm in Silicon Valley who was among those who obtained their personal files and provided them to The Post, said she was taken aback to see that her dossier contained data on her race and on a European flight that did not begin or end in the United States or connect to a U.S.-bound flight.
"It was surprising that they were gathering so much information without my knowledge on my travel activities, and it was distressing to me that this information was being gathered in violation of the law," she said.
James P. Harrison, director of the Identity Project and Ann Harrison's brother, obtained government records that contained another sister's phone number in Tokyo as an emergency contact. "So my sister's phone number ends up being in a government database," he said. "This is a lot more than just saying who you are, your date of birth."
Edward Hasbrouck, a civil liberties activist who was a travel agent for more than 15 years, said that his file contained coding that reflected his plan to fly with another individual. In fact, Hasbrouck wound up not flying with that person, but the record, which can be linked to the other passenger's name, remained in the system. "The Automated Targeting System," Hasbrouck alleged, "is the largest system of government dossiers of individual Americans' personal activities that the government has ever created."
He said that travel records are among the most potentially invasive of records because they can suggest links: They show who a traveler sat next to, where they stayed, when they left. "It's that lifetime log of everywhere you go that can be correlated with other people's movements that's most dangerous," he said. "If you sat next to someone once, that's a coincidence. If you sat next to them twice, that's a relationship."
Stewart Verdery, former first assistant secretary for policy and planning at DHS, said the data collected for ATS should be considered "an investigative tool, just the way we do with law enforcement, who take records of things for future purposes when they need to figure out where people came from, what they were carrying and who they are associated with. That type of information is extremely valuable when you're trying to thread together a plot or you're trying to clean up after an attack."
Homeland Security Secretary Michael Chertoff in August 2006 said that "if we learned anything from Sept. 11, 2001, it is that we need to be better at connecting the dots of terrorist-related information. After Sept. 11, we used credit-card and telephone records to identify those linked with the hijackers. But wouldn't it be better to identify such connections before a hijacker boards a plane?" Chertoff said that comparing PNR data with intelligence on terrorists lets the government "identify unknown threats for additional screening" and helps avoid "inconvenient screening of low-risk travelers."
Knocke, the DHS spokesman, added that the program is not used to determine "guilt by association." He said the DHS has created a program called DHS Trip to provide redress for travelers who faced screening problems at ports of entry.
But DHS Trip does not allow a traveler to challenge an agency decision in court, said David Sobel, senior counsel with the Electronic Frontier Foundation, which has sued the DHS over information concerning the policy underlying the ATS. Because the system is exempted from certain Privacy Act requirements, including the right to "contest the content of the record," a traveler has no ability to correct erroneous information, Sobel said.
Zakariya Reed, a Toledo firefighter, said in an interview that he has been detained at least seven times at the Michigan border since fall 2006. Twice, he said, he was questioned by border officials about "politically charged" opinion pieces he had published in his local newspaper. The essays were critical of U.S. policy in the Middle East, he said. Once, during a secondary interview, he said, "they had them printed out on the table in front of me."
Researcher Julie Tate contributed to this report.