I saw this article in today's Union Tribune, where a judge in Oregon has ruled that people do have a right to fly on an airplane.
JUDGE RULES IN NO-FLY LIST SUIT THAT PEOPLE HAVE A RIGHT TO FLY | UTSanDiego.com I'm totally in favor of maintaining a good security system for our US transportation system(s). A no-fly list seems to be a reasonable approach to singling out suspicious individuals for special inspections of their bodies, carry-ons and luggage. I'd assume that the no-fly list also includes criminals that probably are to be held or arrested if they are caught trying to pass through a security checkpoint. However with millions of travelers, and possibly billions of records, it is likely that mistakes can be made with identity.
Over the past 12 years there have been a lot of situations where people have been stopped from flying on a plane due to mistaken identity with someone who is on the "no fly list" kept by Homeland Security. There are many other people who are on the no fly list, who don't know they are on the list, and if they do find out they are on the list they have no way of finding out why they are on the list, or have any easy, quick way of "clearing their name." They say that a form can be filled out on line, but there are no time limits. Citizens can appeal to a Judicial Review" but are not permitted a hearing where evidence can be presented.
Apparently, when this type of situation has come to courts previously, the courts have determined that the citizens didn't have a "right" to fly, and could, instead, drive, take a bus, or ride a train. So the Government was under no obligation to explain why a person is on the list, nor does the government have to provide a process to clear their name (expeditiously) This latest court ruling implies that we do have a right to fly, and maybe the Government should help provide a process for clearing names. In this case, U.S. District Judge Anna J. Brown of Portland has asked for more information about the "redress" process.
I've often thought that with the internet, there must be a clear, simple process for verifying identities and for helping people clear their name if they are on the "list" due to an error. Photos, fingerprints, face recognition and other biometrics can be sent and verified within seconds. You would think that Homeland Security officers at the airport could use that info to validate identity etc. I'm sure that the Government's argument is that if they had to provide more people to perform a redress process efficiently and quickly, it would increase the cost of their operation. That is probably true. However, to be fair to everyone, we should agree to pay that cost as part of the necessary costs for our security.
It will be interesting to see what happens based upon this ruling. Will it go up to the US Supreme Court?
JUDGE RULES IN NO-FLY LIST SUIT THAT PEOPLE HAVE A RIGHT TO FLY | UTSanDiego.com I'm totally in favor of maintaining a good security system for our US transportation system(s). A no-fly list seems to be a reasonable approach to singling out suspicious individuals for special inspections of their bodies, carry-ons and luggage. I'd assume that the no-fly list also includes criminals that probably are to be held or arrested if they are caught trying to pass through a security checkpoint. However with millions of travelers, and possibly billions of records, it is likely that mistakes can be made with identity.
Over the past 12 years there have been a lot of situations where people have been stopped from flying on a plane due to mistaken identity with someone who is on the "no fly list" kept by Homeland Security. There are many other people who are on the no fly list, who don't know they are on the list, and if they do find out they are on the list they have no way of finding out why they are on the list, or have any easy, quick way of "clearing their name." They say that a form can be filled out on line, but there are no time limits. Citizens can appeal to a Judicial Review" but are not permitted a hearing where evidence can be presented.
Apparently, when this type of situation has come to courts previously, the courts have determined that the citizens didn't have a "right" to fly, and could, instead, drive, take a bus, or ride a train. So the Government was under no obligation to explain why a person is on the list, nor does the government have to provide a process to clear their name (expeditiously) This latest court ruling implies that we do have a right to fly, and maybe the Government should help provide a process for clearing names. In this case, U.S. District Judge Anna J. Brown of Portland has asked for more information about the "redress" process.
I've often thought that with the internet, there must be a clear, simple process for verifying identities and for helping people clear their name if they are on the "list" due to an error. Photos, fingerprints, face recognition and other biometrics can be sent and verified within seconds. You would think that Homeland Security officers at the airport could use that info to validate identity etc. I'm sure that the Government's argument is that if they had to provide more people to perform a redress process efficiently and quickly, it would increase the cost of their operation. That is probably true. However, to be fair to everyone, we should agree to pay that cost as part of the necessary costs for our security.
It will be interesting to see what happens based upon this ruling. Will it go up to the US Supreme Court?
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