KCTV Channel 5 Cites Right To Fly Without ID, Is Subjected to Investigation, Questions Secret Laws

from KCTV (Kansas City Channel 5 News)
The Transportation Security Administration investigated KCTV5 News for exposing what some experts called a serious flaw in airline security.Last year, KCTV5 News was able to board flights to Washington and Chicago using IDs the station created.Document checkers at Kansas City International Airport and Washington Dulles International Airport glossed over the homemade ID.One airline screener couldn't tell if the ID was real or not, but he let an undercover producer through anyway, and the producer headed off to Washington.

Since then, the TSA took over document checking at KCI.So earlier this year, KCTV5 News decided to try to fly again with the homemade ID.That time, a TSA screener questioned the undercover producer and said he had to have a government-issued ID to fly.Technically, that's not true.

On the TSA's Web site, the policy "recommends" that ID be carried, but there's never been a public law requiring it, and after a secondary screening, the undercover producer was able to catch a flight to Chicago and back.A month later, the president and CEO of KCTV5's parent company received a letter from the TSA informing the company that KCTV5 was being investigated for using "homemade photo identification" in an attempt to "circumvent required additional security measures and procedures."It's an accusation attorney Jim Harrison finds especially interesting given there is no rule requiring any ID whatsoever to board a plane."TSA is not necessarily looking for weapons or explosives. They're using our transportation network as a dragnet for law enforcement," Harrison.Harrison argued a lawsuit against the government that would have forced it to reveal the source of the so-called ID requirement, but that lawsuit was dismissed -- in part, Harrison said, because the regulation requiring ID is shrouded in secrecy."They designated it SSI, or sensitive security information, and said the release of which would be detrimental to the safety of transportation," Harrison said.

According to court documents, the details of the SSI shall only be disclosed on a "need to know" basis.In effect, TSA is saying people are required to abide by laws but people aren't allowed to know what those laws are."One of the problems is that TSA's own security personnel don't understand what the law is because the law seems to be so secret that TSA will keep it from their employees," Harrison said.

In fact, many people don't realize the origin of the so-call ID requirement didn't follow a terrorist attack.In 1996, 230 passengers were killed when TWA Flight 800 exploded midair.On July 18, 1996, then-President Bill Clinton said, "While we seek the cause of the disaster, let us all agree that we must not wait to alleviate the concerns of the American people about air safety and air security."To address those concerns, according to former counter-terrorism adviser Richard Clarke, new airline security measures were introduced by the Clinton administration, and the so-called requirement to present "government-issued photo ID" became a staple at U.S. airports.

More than 10 years later, the TSA says security personnel are required to request ID but government ID is not required to fly."The best form of Homeland Security is liberty and for the people to exercise that liberty, and when you start curtailing that liberty in the hopes of providing more security, then you're just asking for trouble," Harrison said.Late Wednesday afternoon, the TSA sent KCTV5 News a statement calling the station's investigation "irresponsible" and a "disservice to passengers." Nevertheless, KCTV5 News was told that the TSA completed its investigation and decided not to take action against KCTV5 for the story.The TSA said new regulations are expected to go into effect later this year.

Successfully flew without ID, No extra screening, Laguardia, Jan 17

Airport: LaGuardia (LGA)
Date: January 17, 2008
Reason given: none
Reference: Grant
Airline: ?
Result: Successful
Description: My girlfriend hasn't had a valid ID for a few months now. ... she's been using various forms of expired ID to get into bars and onto planes across the country. ...Passing through security at LaGuardia yesterday, she was prepared for the same questions. Instead however, in blatant disregard for protocol she just got waved through by the security officer. Nobody asked for ID. Anywhere.

No ID necessary says TSA, IDs to be checked with blacklight

According to TSA spokeswoman Andrea McCauley:

Do you need a photo ID to fly?
No, but you'll undergo "secondary screening," the more involved screening that some passengers find time-consuming and/or invasive. If many passengers arrive without IDs, that would add to wait times, officials said.

Also, the Transportation Security Administration, which has taken over document-ticket screening at U.S. airports, is rolling out small black lights and loupes (magnifying lenses) to 1,300 specially trained screeners who check suspicious IDs in the ticket lines.

Airline ID rejected at Reagan National

As with anything posted here, this could have been due to the whims of an individual TSA agent at Reagan National:

TSA agent checking boarding passes would not accept her airline ID as identification. Her FAA-approved, state-issued ID that allows her to walk through security gates at her own airport without even taking her shoes off. It had to be a driver’s license, she was told, and only a driver’s license. source

TSA takes on primary ID checks at airports

Here are more details about my observation that TSA is now doing the primary ID checks at airports:
September 26 was the first day that TSA took over the ID checking.
News reports suggested that the process can now take almost an hour since Transportation Security Administration agents took over the job of checking travel documents on Wednesday. Prior to the change, airlines checked passengers' identification. The TSA says it will do a more thorough job, causing longer delays at checkpoints. Passengers must still show their identification and tickets to security personnel, but the personnel are now government workers.
As I mentioned in an earlier post, this means that TSA is probably now enforcing the policies of the airlines (unless they are letting people fly without ID who haven't been approved by the airline). I worry that this may be unconstitutional.
Source 1. Source 2.

TSA now checking IDs at airports - government enforcing corporate policy

For all previous airline travel since ID checking began, IDs were checked by representatives of the airline or airport. It was these ID checkers responsibility to check for a valid government issued ID, unless the traveler had been approved by the airline for an additional security screening, in which case they either ensured that the boarding pass was appropriately marked for TSA or directed the traveler to TSA's attention. Since no ID is required by the TSA, it was these representatives who both enforced the airline's ID requirement (usually assumed to be a source of revenue control) and did the screening for ID for TSA.

Now that TSA has taken control of this process, it would appear that TSA is enforcing the airline's revenue control measures. Since TSA doesn't require an ID to fly, if a traveler cannot get the airline to let them fly without ID (e.g. Continental will not mark "SSSS"), will TSA enforce this corporate rule? At this point, it would then be easy for the TSA to suggest to each airline that they require ID, at which point they could deny the right to fly without ID despite their own rule. Is the TSA enforcing corporate policies? Corporate policies limiting free travel that are enforced by federal officers seems one step away from facism.