Description of document:

US Department of Justice, Federal Bureau of
Investigation documents related to “No Fly Lists”

Released date:

06-September-2007

Posted date:

02-October-2007

Date/date range of document:

All documents range between 19-December-2001 and
12-May-2003

Source of document:

Department of Justice, Federal Bureau of Investigation
Requests to:
Federal Bureau of Investigation
Record Information/Dissemination Section
170 Marcel Drive
Winchester, VA 22602-4843
FOIA Requester Service Center (RSC):
(540) 868-4591
FOIPA Public Information Officer (PIO):
(540) 868-4593
FOIPA Public Liaison Officer (PLO): (540) 868-4516

The governmentattic.org web site (“the site”) is noncommercial and free to the public. The site and
materials made available on the site, such as this file, are for reference only. The governmentattic.org
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U.S. Department of Justice

Federal Bureau of Investigation

Washington. DC. 2U535
September 6, 2007

Request No.: 1087793- 000
Subject: NO FLY LIST
Dear Requester:
The records that you have requested were previously processed under the provisions of the
Freedom of Information Act for another requester.
Enclosed are 248 pages of documents pertaining to your request and a copy of the explanation of
exemptions.
You may submit an appeal from any denial contained herein by writing to the Office of Information
and Privacy. U.S. Department of Justice. 1425 New York Ave.. NW. Suite 11050. Washington. DC 205300001, within sixty days from the date of this letter. The envelope and the letter should be clearly marked
"Freedom of Information Appeal" or "Information Appeal" Please cite the FOIPA number assigned to your
request so that it may be easily identified.

Sincerely yours.

David M. Hardy
Section Chief.
Recordllnformation
Dissemination Section
Records Management Division

Enclosure( s)

EXPLANATION OF EXEMPTIONS
SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION 552
(b)( I)

(A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign
policy and (B) are in fact properly classified to such Executive order;

(b )(2)

related solely to the internal personnel rules and practices of an agency;

(b)(3)

specifically exempted from disclosure by statute (other than section 552b of this title), provided that such statute(A) requires that the
matters be withheld from the public in such a manner as to leave no discretion on issue, or (B) establishes particular criteria for
withholding or refers to particular types of matters to be withheld;

(b)( 4)

trade secrets and commercial or financial information obtained from a person and privileged or confidential;

(b)( 5)

inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation
with the agency;

(b)( 6)

personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;

(b)(7)

records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement
records or information ( A ) could be reasonably be expected to interfere with enforcement proceedings, ( B ) would deprive a person
of a right to a fair trial or an impartial adjudication, ( C ) could be reasonably expected to constitute an unwarranted invasion of personal
privacy, ( 0 ) could reasonably be expected to disclose the identity of confidential source, including a State, local, or foreign agency or
authority or any private institution which furnished information on a confidential basis, and, in the case of record or information compiled
by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security
intelligence investigation, information furnished by a confidential source, ( E) would disclose techniques and procedures for law
enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such
disclosure could reasonably be expected to risk circumvention of the law, or ( F) could reasonably be expected to endanger the life or
physical safety of any individual;

(b)(8)

contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for
the regulation or supervision of financial institutions; or

(b)(9)

geological and geophysical information and data, including maps, concerning wells.

SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION 552a
(d)(5)

information compiled in reasonable anticipation of a civil action proceeding;

0)(2)

material reporting investigative efforts pertaining to the enforcement of criminal law including efforts to prevent, control, or reduce
crime or apprehend criminals;

(k)( I )

information which is currently and properly classified pursuant to an Executive order in the interest of the national defense or foreign
policy, for example, information involving intelligence sources or methods;

(k)(2)

investigatory material compiled for law enforcement purposes, other than criminal, which did not result in loss of a right, benefit or
privilege under Federal programs, or which would identify a source who furnished information pursuant to a promise that his/her identity
would be held in confidence;

(k)(3 )

material maintained in connection with providing protective services to the President of the United States or any other individual pursuant
to the authority of Title 18, United States Code, Section 3056;

(k)(4)

required by statute to be maintained and used solely as statistical records;

(k)(5)

investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian
employment or for access to classified information, the disclosure of which would reveal the identity of the person who furnished
information pursuant to a promise that his/her identity would be held in confidence;

(k)(6)

testing or examination material used to determine individual qualifications for appointment or promotion in Federal Government service
the release of which would compromise the testing or examination process;

(k)(7)

material used to determine potential for promotion in the armed services, the disclosure of which would reveal the identity of the person
who furnished the material pursuant to a promise that his/her identity would be held in confidence.
FBI/~O]

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From:
To:
Date:
Subject:

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Aviation-Field-30
Wed. Dec 19,2001 4:36 PM
FBI Response to FAA Name List - NEW PROCEDURES

Airport Agents - Please ensure that this message is forwarded to your supervisors, command post and
any other personnel who miqht respond to name list matches at airports. The attached FAA documents
have also been uploaded to L

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There are two name lists for which the FBI may now have to respond, instead of one - the "No Fly" list
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(threats to aviation) and the "Selectee" Iis~
The names are the same and some
additional ones from the previous FAA name lists, and they continue to originate from other agenciesc:=J
c:Jrom the FBI. However, there are new procedures to reduce unnecessary FBI response. The FBI
and the FAA coordinated these procedures based on feedback from the field about the utility of FBI
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resnonse to ticket counters to identify passengers when the lists now contain more identifying information,

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NEW PROCEDURES

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L...,o_--1' Please read the attached FAA Security Directives (SO 108-01·20 and 108-01-21) for exact
language.

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I expect questions, so please ask. If something doesn't work as you expected. please let me know. '11 try
to do an EC as soon as possible, but since the list and changes are "ouf', I wanted you to have them as
soon as possible.

SS~

I<fax)
Civil Aviation Security Program, Room 11795
Domestic Terrorism Counterterrorism Planning Section
Counterterrorism Division
1..-._----JJleo.gov

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cc:

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ALL INFORMATION CONTAINED

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1500 Southwest 1st Avenue

The Honorable Earl Blumenauer
The Weatherly Building
516 S.E. Morrison Street
Suite 250
Portland, OR 97214

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Dear Representative Blumenauer:
J This letter i'l in response to your request for additional information
concerniny
Jand the policies and procedures surrounding the
Transportation Security Administration's (TSA) watch list. Nationwide policies and
procedures regarding the TSA watch list are established jointly by the FBI and TSA at
the headquarters level. Your concerns have been forwarded to FBI Headquarters,
Counterterrorism Division, and the Office of Public and Congressional Affairs.

. Additionally, on August 12,2002, this office contactedl
land
explained, in general terms, the procedures used by the TSA, FBI, and commercial air
carriers upon discovery of a name list match.

SUSSMAN-2

The Honorable Earl Blumenauer
The Weatherly Building
516 S.E. Morrison Street
BQft~~e Box 709
Portland, OR 97214
Dear Representative Blumenauer:
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This letter is in res anse to
your inquiry on behalf of
I
lis n~o=-=a~l=s=e""""'"
person on the Transportation Security
Administration's (TSA) watch list.
However, the watch list does contain a
person with the same last name.
Therefore, commerci I air carriers are
required to chec
identification aga'lri---r"'7T""--r"-_...I
identification of th
TSA watch fist. Un-~o~u--n""'a~e""y,
commercial air carriers cannot confirm
I
Itrue identity until such time
as his Identification is checked at the
ticket counter.
Historically TSA
procedures have required that
identification checks be performed by law
enforcement officers. Recent changes to
TSA procedures allow commercial air
carriers to conduct these checks under
certain circumstances. This procedure
must be completed every time Mr.
I
land all others with the same last
name, travel via commercial aviation.
I

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While I fully appreciate Mr.
~rustration, I am sure he can

~un::'::d:r:e=-=rs~ta=ind

the importance of the
enhanced security requirements.
Sincerely,

SUSSMAN-3

.

D5-30-2002

02:26pm

From-SFPD AIRPORT

P~TROL

6508217594

T-44 I

P.DOI/DDI

F-952

San Francisco Police Department
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To:

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From:

Date:

IIPPROIlE:O

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Commanding Officer
Airport Bureau - Day Watch

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Airport Bureau - Day Watch
Friday, May 24, 2002

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SUbject: Selectee and No Fly list Names
ISSUE
Airport Bureau police response to the Transportation Security Administration's
air-carriers No Fly and Selectee names lists.
DISCUSSION

On Fri

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May 24, 2002, I met with
leT.S.A) and I spoke with
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(F.B.I.), regarding police procedures when dealing With individuals
~w~o~s~e~n~a~m~e~s~ave been entered on the Transportation Security Administration's NOFLY and SELECTEE names lists and the air-carriers reservation data banks.
I

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This new change in procedure, will allow airport officers to minimize the amount
of time required to initially detain individuals with names thatl
I
Dnames on federal NO-FI.Y or SELECTEE lists.
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RECOMMENDATION
I recommend that this new change take place to reduce time spent by officers

on-scene, when responding to names on federal NO·FLY and SELECTEE lists.

.
All INFORM~I!ON CONTAINED
HEREIN IS UNCLASSIFI~ laC) ~

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202 324 0235

p.el/06

FOMI (Rev. 6-1-97l

FBI FACSIMILE

COVER SHEET

PRECEDENCE

CLASSIFICATION

o Immediate

o Top Secret
o Seeret
o Cen fidential
o Sensitive

o Priority
r&J

Routine

Time Tl1lnsmitted:
Sender', Initials:
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Number of Pages:
....._ _
(including cover sheet)

Ii] Unclassified

Attn

From:

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FBIHQ, Domestic Terrorism Section, Rm 11795
Name of Office

Lf~ ~rt: /krfHlTSR4..1c£V

Subjea:

Special

Handl1n~ lnstruetions:

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Brief Description of Communication FaKed:

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WARNlNG

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InfomUlIOR attllched co the cover sl1eet 15 U.S. Government Property.

All INroRMATION CONTAINED

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If you 11ft nOI the ,"rended reclplenr of triis

infom'lldiun. dillClosure, reproductioll, di!llribution. or use or chis infornllltion is ?rohibited t IS.use. § 64 \ \.
originator or the ICIC:l1 FBI Office immediately to artlln~e for proper dispolOition. 5USSMAN-S

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APPLICATION OF THE FOURm AMENDMENt

TO

.

AIRPORT SEARCHES
Airplane ~8cking or skyjacking escalated dramatically during and after the 19608 until its
climax with the attacks on the World Trade Center buildings and the Pentagon. Consequently.
airport security has always been a matter ofvcry senous concern, and presently, it is a matter of
paramount importance. Once the security of an aixplane is compromised. it is very difficult to
respond effi:lCtivety to the problem. As was so dramatically illustrated by lastyear~s tragic events,
the potential for great and immediate hann to the passengers on the airplane and to the public at
large is tremendous. Additionally, the hig)1jackers are extremely difficult to detect.. and in order to
avoid the extreme danger highjackers can create. the highjacker must be detected before he boards
the aircraft. The importLnce ofairport/airplane security, the need to deteot the highjacker, and the
need to protect the public and the airline passengers have been recognized by the ooUI1s in
considering how to analyze polite conduct at aiIports under the Fourth Amendment.
In 1968, a Task Force was appointed. to develop an on-the-ground higbjacker detection
system. This system was adopted by the FAA and continues to be employed today to provide
secwity for an air travel. As its most prominent componcm. the system employs pre-flight sc~_
through the use of notices to the public. identification checks, application of a bighjack~
magnetOMeters, K-rays, interviews with selected passengers, and frisks or searches of cC:rtain
suspicious passengers. The employment of these measures has been approved by the courts as
reasonable; however, questions concerning the constitutionality ofother searches and seizures at the
airport continue to arise. This presentation and paper is designed to deal primarily with those issues.

The Fourth Amendment docs not prohibit all wammtless searches and seizures; instead. it
prohibits only unreasonable ones. The reasonableness of wammtless searches and seizures at
airports or on airplanes will be determined. in part, by balancing the imrusion itselfagainst the need
for security at airports and the difficulty in ferreting out the highjacker from the throngs ofmembers
of the public in airpoIts and boarding the airlines.
Because the courts have determined that airport screeoing procedures arc searches, they must
be justified under an exception to the warrant requirement. Five exceptions have been applied by
the couns: (1) the border search exception; (2) a Teny stop and frisk; (3) the administrative search
exception; (4) consent; (S) thecriticalWllC"theoT)'.
Border Search Exception Because many airports have both intematioDa.1 and domestic
flights, different standards for searches or seizures may be applicable at the same airport, depending
on whether the flights being selViced at domestic or international. For international flights, under
the border search exception. mutine searches of persons and their effects may be conducted under
the same perameters as those $cBlCnes are conducted at the international borders. Those seeking
admission to or exit from the United States on an international flight win be subject to a routine
inspection of his person and his belongings. Any non-routine search (e.g., strip searches) must be
based on reasonable suspicion. For passengers on domestic flights, the border search exception
cannot be used to justify the search of a person or his belongings.
All INFORMATION CONTAINED
HE~ IS. tJ1'ICLASSIFI£D

~~~S.{)J By(1CloQ~~'l
CA.lJ 03- I '11 q

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reny Stop and Frisk: Application of this exception is discussed in further detail below.
Administrative Searches: Courts have justified the airport security screening procedures
under the administrative selICh exception. The courts have held that when all passengen are
subjected to secwity screening procedures in order to provide greater protection and security to the
airport and departing aircraft, the routine screening procedures are considered administrative
searches and not violative of the Fourth Amendment. When these screening procedures are used
only on selected passengers, they fall outside the coverage ofthe administrative search exception.
When these screening procedures are used improperly to detect the possession of contraband, the
administrative search exception may not be used to justify the search.
Consent: Any search or sei%ure can be justified on the basis ofa defendant's knowing and
volUntary consent. Consent should be express, rather than implied. Agents should not rely entirely
upon warnings airlines generally give to passengers that their luggage or person may be searched;
the court's have been divided on the issue ofwhether these gen.eml warnings can constitute at least
implied consent to search.
Critical Zone: The Fifth and Eleventh Circuits have held that airports are to be considered
"critical zones'" in which special Fourth Amendment considerations apply because they conSiderthe
airport the one channel through which all highjackers must pass before being in a position to
commit their crime and the one point where airport security officials can marshal their resources to
thwart airplane violence before the lives ofan airplane's passengers are endangered. These cowts,
therefore, deem reasonable more intrusive security measures if specifically tailored to increase
aiIport security and to detect highjackers.
The Stop ofa Person in· the Airport (prior to presenting himself for boarding):

I',.-------(~ CYn.vv..i-eA- ~

The Fourth Amendment applies to an airport stop only when a seizure occurs.
If1here is no detention. there is no seizure, and the Fourth Amendment is not implicated.
A person has been seized only if, in view of all of the circumstances surrounding the
incident. a reasonable person would have believed that he was not free to leave. Whether an aiIport
encounter between the police and a suspect aD10Wlt to a seizure requires a review ofall relevant
circumstances, including psychological factors. Ifa reasonable person would fee free to disregard
the police and to go about his business, the enoounter is consensual.

Asking for an individual's airline ticket and his identification was pennissible and will not be
considered a sei':::J..re, Afkh~g rOl.r'J.m~ questions concerning the reason for and destination oftravel
does not implic.:::e i11~ ';:::t;illtt~" mendment. Generally, there is no sejzure when a law enforcement
agent merely approaches an individual at the airport, and after identifying himself, begins to ask
routine questions related to the person's identification, travel plans, and ticket information. A nonthreatening request to search will not convent the encounter into a seizure.

SUSSMAN-7

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Faeters considered in determining whether a seizure has occurred include: (1) location ofthe
encounter; (2) physical contact with the person; (3) appearance and clothing of the o~cers; (4)
number of the officers~ (5) displa.y or presence ofweapons; (6) demeanor and tone ofVOice ofthe
officers; (7) length oftime in which documents are retained~ (8) any advise ofright to tenninate the
encounter or refuse consent; (9) infonnation that the person was suspected ofcriminal activity; (l0)
the length of the encounter, among others.
When a narcotics officer identifies himself as such and advises the person that he is
suspected of tnmsporting DaICotiCS, the courts willlike.ly fin.d that a seizure has occurred. If the
officer retains the traveler's identification or travel documents, the encounter may be considered a
seizure.
.. An~ves~ve m:tg:tti~n mus: be based on reB.Sonab~e ~usp~ci~n ~~h mus! ~e based on
factors that'Wfi1il VIewed In tJielr totality amount to reasonable and arttculable SuspiCIon tlmt the
pe
. . A subsequent frisk ofthe person must be based on voluntary
.J.L....'OPV••sent or reasonable SUSPI •
t the individual might be armed.
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An lIIl'est must be based on probable cause. If a suspect is arrested and his luggage or
personal: items are removed with the suspect. those items may be searched only on the basis of
consent or probable cause, with a warrant

Air Tenninal Security Scre.ening
As set forth above, routine airport tenninal..entry security screening has been approved by the
courts as .dministrative searches because their purpose is to provide security and safety ratherthan
to detect crime. In order for these procedures to continue to be justifiable as administrative
searches, the emphasis ofthe search must continue to be for purposes of det.ennining the presence of
dangerous persons or articles rather than the presence of contraband or for other gencrallaw
enforcement purposes.
Courts have held that the placement ofitems on the x-ray conveyer belt constitutes at least
implied consent to a visual and limited hand search of the items if the x-ray examination is
inconclusive. Absent consent or probable cause, the scope ofthe hand search must be limited to that
which will reveal an object that could be used to effect a highjacking or endanger other passengers
or members ofthe public entering the terminal. (Caveat: this does Dot extend to searchfor money or
drugs seen on x-ray examination; although a search therefore may be based upon probable cause or
oonsent).
Strip searches must be conducted. only on reasonable suspicion.

Passengers Presenting Thems:,::xves for Boarding on the Aircraft
The Fifth and Eleventh Circuits have held that it is pennissibJe to request a search of
passenger presenting himself for boarding on an airplane. The officer may indicate that if the
passenger refuses. he will not be permitted into the gateway or the airplane. ff a passenger is
SUSSMAN-8

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ticketed and presents himselffor boarding on the airplane, he may be subjected to a search.on mere
or unsU)?ported suspiciop. Scope of search can be of sufficient scope to reveal any object or
""""instrumentality that could reasonably have been used to effect an act ofair pinlcy. Again. the search
cannot be one designed merely to detect contraband.
Checked Luggage:
Passengers have a reasonable expectation ofprivacy in checked luggage. Generally, searches
of checked luggage can be conducted on with consent or a warrant based. on probable cause.
Where. however, there is evidence that luggage contains explosives or some other item ofa similarly
dangerous nature. exigent circumstances may justify a warrantless search. but the search must be
based on probable cause.

Checked luggage may be x-rayed. A subsequent search can be conducted to dispel
suspicions ofdanger. but a general search for contraband cannot be conducted absent a warrant or

consent.
Because a dog sniff ofluggage is not considered a search. luggage may be subjected to a dog
sniff without any suspicion whatsoever. However. if a dog alerts to the presence ofcontraband. the
subsequent search may be conducted only with consent or a warrant. A dog's alert to the presence
of explosives may provide probable CfWSC for a warrantless search condllcted under exigent
circumstances. (A dog sniffof a person is a search and cannot be conducted)
If a person disavows ownership of luggage when presented with an opportunity to claim
ownership of it, it will be considered abandoned and can then be searched.

A person's luggage can be seized for a reasonable period oftime on the basis of reasonable
suspicion. It should not prevent passenger's continuation of travel. Luggage can be seized on the
basis of probable cause pending the issuance ofa warrant to search; however~ ~e agents should be
actively taking steps toward obtaining the warrant.
Private v. Governmental Searcbes

Airport security measures were~ in the Past. largely employed by private security
companies employed by the airlines or by airline employees themselves. Purely private searches
are not subject to Fourth Amendment protections~ therefore. where these searches or seizureS
were conducted entirely by airline personnel without governmental intrusion or prompting, the
Fourth Amendment was not implicated. However, governmental agencies became increasingly
involved in airline security, and most ofthe searches. even where conducted by airline
employees or security personnel, were instigated by government agents or gvvcmment agents
participated in them. In those cases, the Fourth Amendment controlled the appropriateness of
the conduct. As you know. the law now requires that airport security be provided by the
govermnent, and the Air Marshal program has been revived~ consequently. a Fourth Amendment
analysis; wiU rarely be avoidable. Nevertheless. when airline employees are acting entirely
independently. the cowts will find that a private llearch was conducted. and that the Fourth

SUSSMAN-9

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Amendment had no application (e.g., airline employees opening suitcases to detennine
ownership and then encountering contraband therein).

SUSSMAN-10

September 4, 2002

Mr. Michael D. Robinson
Associate Under Secretary
for Aviation Operations
Transportation Security Administration
400 Seventh Street, SW
Washington, DC 20590
Dear Mr. Robinson:
Thank you for your June 27th letter, enclosing a copy ofTSA's Delegation Order
concerning the placement of Federal Security Directors at all of the major airports nationwide.
You asked that the Order be disseminated to each of the FBI's field offices having a need for the
information.
Recognizing the FBI's investigative jurisdiction with respect to criminal violations
set forth in Chapter 465 of Title 49, and all aviation-related criminal violations set forth in
Title 18 of the U.S. Code, our field offices will be provided copies of TSA's Delegation Order
dated June 14, 2002, along with the reminder that interagency cooperation and coordination are
critically important to our respective missions and responsibilities as our agencies continue to
discuss pertinent jurisdictional considerations.
Sincerely yours,

Robert S. Mueller, III
Director
1 - Mr. Ashley (5012) - Encs.
I - Mr. D'Arnuro (5829) - Encs.
1 - 1\!r Wainstein (7427) - Encs.
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) 0 ( 5 0 9 6 ) - Encs.
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1.:_
(7326) - Encs.
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62F-HQ-l 077732
~nvestigative Law Unit, OGC.
NOTE: Reply coordinated with Attorney-Advisorl
~ Major TheftlTransportation Cnmes nit, CID.
and Unit Chie~

BHM

All INFORMATION CONTAINED

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SUSSMAN-ll

-------------------------

Attachment 1
June 13, 2002

Authorities of the Federal Security Directors (FSDs)
1. Manage Aviation Security Resources. On a day-to-day basis, manage and
provide operational guidance to the aviation security resources of the
Transportation Security Administration (TSA) screeners, field agents, andJaw
enforcement officers to which they are assigned.
2. Screen and Inspect Passengers, Property and Cargo.
A.
Passenger Aircraft. In accordance with 49 U.S.C. § 114(e) and TSA
regulations, policies and procedures, be responsible for the day-to-day
Federal security screening operations for passenger air transPOrtation
and intIastateafr transPortation. In" accordance with TSA regulatiQDS.
policies and procedures. provide for the screcnlng of aU passengers ..
and property, fncludiq United Statc8 mail, cargQy caay~~ and
checked baggage and oth~ articles, that will be canied abo8rd a
paSsenger aircnftopemted by an air carrier or foreign air canier in air
traDsportation or intmstate air"transportati.o~ in accordance with 49
U.S.C.' 44901(a). In accordance with TSA regulad.ons~".policiC8 and
proc:edures, provides for search imd detention of persons Or property
posing a suspected risk to safety and security, in accordance with 49
U.S,C, § 44903(b).
B.
CheckedBaggage. In accordance with 49·U.S,C~ § 44901(c),(d), and
(e) and TSA regulations. policies, and procedures, as explosive
detection equipment becomes available, screen all checked baggage
through such equipment In those unusual circumstances where
explosive detection equipment is not available, screen every piece of.
checked baggage through altemative means. In accordanCe with TSA
regulations, policies and procedutes, such alternative means may
include one or more ofthe fonowing:
..
(1) A bag-inatch program that ensures that no checked baggage is
placed aboard an aircraft unless the passenger who checked the
baggage is aboard the aircraft.
(2) Manual sean:h.
(3) Search by canine explosive detection units in combination with
other means..
(4) Other means or technology approved by the Under Secretary.
C.
Cargo Aim;aft. Provide for the screening and inspection of cargo that
will be cl\meli on a.\\-f.;:n-i!'{i qircraft, in accordance with 49 U.S.C. §
44901(~} !J:'$l TSA l'cguhtio;:.s. policies aJld procedures.
3. Assess and Coun~-e:rThrullts tJ'J Aviation.
A.
Liaison Functions. SelVe as a liaison for aviation security to the local
intelligence and law enforcement communities. Receive, assess,
distribute, and ensure utilization of intelligence and law enforcement
information 1lS appropriate.

2
SUSSMAN-12

ALL FBI INFORMATION CONTAINED
HE~J U..NjLASSlfIEO

OA

t

.. 0_ Byuck~"f) rJU ~6
('\

(!A~(}.~- I" (\

~
rIO/

(1) Memoranda of Understanding Concerning Data. Bnter into

memoranda of understanding with local offices of Federal
agencies and other local entities, such as state and local law
enforcement, to share or otherwise cross-check, as necessary,
data on individuals identified on Federal, State and Local agency
databases who may pose a risk to transportation or' national
security.
(2) Notification Procedures Concerning potential Threats. Establish
procedures for notifying the Federal Aviation Administration
(FAA), appropriate State and local law enforcement officials,
and airport or aircraft operator security officers of the identity of
individ~s known to pose•.or suspected of posing, a risk of air
. privacy.or teaorism or threat to aircraft operator or passenger
. safety, in accordance with 49 U~S.C. 11l4(h). .
(3) Identification of ~diyidua1sPosing a 1bmat.·.In consultatiqn. with .'
other appl'Opri~Federid state, and local.agencies'and alr caniem, and
upon notice' that an individual may be a security threat. establish
policies and 'procedures that require air cairlers to notify .aPpropdate

a

law
enforcement agencies of the individual' 8 identity~ prevent the
individual from bo8rding an aircraft, ortakc other appropriate action
wi~ respect to that individUal.
.
(4) Passenger Lists. On a case by case basis, and when warranted by
specific security considerations. req~ passenger air caniers to share
passenger lists with appropriate Federal, State, and Local agencies, for
the purPose of identifying individuals who ~y pose a threat to .
aviation safety or national securi.ty.
.
B.Security Countermeasures. Coordinate ~d implement security
countermeasute8 with appropriate departments, local offices of federal·
.agencies. state and local law enforcement agencies~_airports, and air
. ciuriers. Wort with the FAA with res'pec:;t to any actions or activities
~at may'Bffect aviation-or aviation safety or air carrier operations, in
accordance with 49 U.S.C. § 114(f}(13).
C.
Oear. close or secure ahpol1S and related facilities. If a particular
.security threat to a gate, a concOurse, a tenninal, an airport or related
facilities. cannot be addressed ina way adequate to ensure. to the extent
feasible, the safety of passengers, crew, 'or other individuals, the
affected facilities may be cleared, closed or otherwise secW'ed. After a.
security action has been taken in accoi:dance with 49 U;S.C. §'
4490S(b), provide feedback to the airport operator on el~ rensor.s f:)!
the security action.
D.
Cancel. delay. return. or divert flights. If a particular security ~at to
a flight' or series of flights, including air piracy (as defined in 49
U.S.C.§ 46502), cannot be addressed in a'way adequate to ensure, to
the extentfeasible, the safety of passengers and crew. the flight or
series of flights may be cancel~ delayed, re~ed to an airport after

3

SUSSMAN-13

Transportation Security Administration
(No Fly and Selectee Lists)

The No Fly and Selectee Lists, both administered by TSA,
often are confused with the TWL. Currently, the TWL staff is
working with TSA to develop protocols to facilitate entry and/or
removal of FBI subjects to/from the No Fly or selectee Lists. It
should be noted, TSA is the only agency which actually can make
the entries or removals.
The No Fly List is used to prevent individuals from using
commercial aviation who are deemed by TSA to be a threat to
aviation, based on information provided by various sources (such
as the FBI). If an individual is listed on the No Fly List, that
individual will not be permitted to board any commercial aircraft
within the U.S. un
such time the individual is removed from
the list b TSA.

b2 -4
b7E -1

e noted, .the air carriers
a1rport aut orities are responsible for preventing a
the No Fly List from boarding an aircraft, not the

~~
f--:"i_n_d_i_V-:l_'d_u_a_l,:;",s_W~h"":,o""",,:,,,"a_r_e---:-/
~ _ _T_h-:-e"'7":s_e~l:-e,:;",c_t_e~e_L_i_s_t_c_o_n_s_i_s_t,:;",S-:-O_

b2 - 4
J b7E

\

-1

These individuals are screened by airport authorities in
accordance with TSA Security Directives. Following the screening
procedures, these individuals can use commercial air
transportation and should not be denied boarding. Again, the
respective air carrier and/or local airport authorities will make
the final determination regarding who boards an aircraft.
b2 -4
b7E -1

5U55MAN-14

Notes and Guidance for NO FLY and SELECTEE lists
Prepared 3125/2002 by SS4

I

b7C -1
b6 -;-1

Administrative-General

b2 -4
b7E -1

Investigative
NO FLY list - Used to prevent persons from using commercial aviation who are deemed by the FAA
b2 -4
to be a threat to aviation, based on information received from various sources. Airport police are b7E -1
to perform an initiallD check and will hopefully eliminate the orson as a match. \
Airport police wi! contact the FBI in
questionable cases.

I

I

A few people have been removed from the list a~er the person convinced the FBI and the FBI
determinedl
jthat they were not a threat to aviation. The
passenger may not fly untit the FAA removes their name from the list. The air carriers, not the FBI, b2 -4
prevent the passenger from boarding the "ight. The person can travel by other means. but not b7E -1
commercial air. The FAA removes names from th Ii
n'
.
agency or a documentk,.,.,.......,..,....-~ ....----:~~-r----r~~~:-:-:7':'":--:-.....-:-::"'"":"""
----J
indicating a

I

I

SUSSMAN-1S

b7C -1
b6 -1

b2 -4
b7E -1

SELECTEE

b2 -4
b7E -1

Possible Match Passenger at the Ticket Counter" When apassenger with apossible name match
t thp. ~irnmt I FO
presents themselves at a tickpt I"nllntpr. the <2.;1 Lell it:
Ito.; ;:)l
I
for an initiallD chAcko I

b2 -4
b7E -1

b2 -4
b7E -1

Passengers who know their name is on a list requiring identification by the police can potentially
arrange with the airport police before they get to the airport that day to alert the police they have a
flight and when they plan on bein althe ai ort. Thus the alice can be there or atleast be nearb
further reducing delays.

2

SUSSMAN-16

b2 - 4
b7E -1

b2 -1
b7C -1
b6 -1

January 22, 2003

----I1 OGClILU, ExD

From:I...._ _

ro:I

b7C -1
b6 -1

. . . . . . . . - ------

b7C -3
b6 -3

la

Enclosed is your copy of a draft MOD I received. fro~
policy official in TSA.
Not sure why he faxed it to me but, in any event, it addresses respective roles in providing input
to and using the TSA's No-Fly and Selectee lists.

I am not sure who in CTD has this for action but it's got to be one of you three so here it is.

Anyway,

If you need us on this any more, let me know
bS -1,2

AllINF'ORM;inC~1 CONTAINrn

HE~ IS U~LASSIrIED
OA
~~ - .3 BY 11(" ~QC1 G,

C~*03-1'?1~

1

5U55MAN-24

. -.~.-..-.-.-.-.-."."..""'~.~--p=:~.
b7C

From:

To:
Date:
SUbject:

6/271027:32PM
Re: TSA & Local LEO inquiry of PC for Detention of No Fly List individuals

b7C

Not being a lawyer, I'm treading on common sense ground here, but I believe that "investigative
detention""" is the basis for the !ocal LEO holding individuals until the FBI shows up, same as it is for
non-terrorist criminal matters, such as potential Crime Aboard Aircraft violations. After you arrive,
however. if there is nothing in NCIC, such as an INS status problem or any arrest warrant for the person
and they want to leave, they can leave, unless you find something for which to arrest them. As a
reminder, OGC also advises that the field use the 265 TURK classification for each interview conducted
related to the lists.

(....A lot of LEO's don't seem to like using that surrogate authority, which is why we had all those
deputation issues over the last couple of years.)

E5~

b7C

16/27/02 12:40:36 PM :>>>

TSA and local LEO are inquiring as to the PC for detaining individuals that have been identified on the No
Fly or Selectee list with more than the name match. They are concerned about the legality of the
detention. They need to know the PC for which they are detaining the individuals until the FBI shows up b 7 C
to interview the individual.
.

Thanks for yoyr aST,ance

cc:
L

ARTHUR

r

~(r_----"

CUMMINGS;

IL

b2
b7C

_
b7C

b7C -1
b6 -1

From:
To:
Date:

AR IAUH M.

Subject:

COMM,NGSlr-----~

5/28/02 1:43:30 PM
Issue: TSA and No Fly Lists

b7C -1
b6 -1

------:-----lb5

1

-1

Here's some background, if you have the patience to read it:
b2 -4

Since 10/2001, when the TSA No Fly and Selectee lists came into being (aftermath of h
. l, I
b7E -1
have been attempting to make the updated lists available to the field agents
on
a timely basis, Le., when they are issued, because TSA has made the agen
, e or respon 1n9
to possible name matches. The agents need these lists in order 10 have background and 10 info.

I

TSA issues these lists to the air WiIIlilllli aOlllllllaimaa ""1i",,1

2 -4
5 -1
7E -1

L-

_

r

TSA also fails (except on one occasion) to coordinate with us when they tell the carriers whom to contact
(the FBI) or when they change the Security Directives concerning response which affects FB! offices. b2-4
Despite my best efforts. the TSA just motors along and I and the agents are being whipped around the b 5 -1
ftagpole trying '0 do the light thing.
b 7E - 1

I

Ib5

-1

---------------:---Example - today List 51 was issued; Lists 49 and 50 were issued on Friday. I believe I was here, but no
mail from TSA, and I check every hour. I have raised this issue with people in TSA and here, and told the
agents that getting the lists from me is now a luxury instead of a certainty.

IISA

( have lJied to arrange a meeting withl

~

b. ¢ tbat bas ••'""dssd 0""... 1

Again, please try to give me some time so we can meet and decide how we want to procee9.

Thank~

ss~~=~---hax)
Civil Aviation Security Program, Room 11795
Domestic Terrorism Counterterrorism Planning Section
Counterterrorism Division

I

b2 -1,2
b7C -1
b6 -1

F,ea.gov

All INFORMATION CONTAINED

H£~ 1$ U~SSIF~
~JI ~b·
BY C
.CA~03 .. (
q G,f)

NLS

I

~

A c; (~L

. SUSSMAN-29

bS -1
b6 -3
b7C -3

b7C

Page

10:
Date:
Subject:

5/29:'02 S:OS:13 PIJI
New TSA Guidanc5'-Seiectee and No Fly Lists

More to follow as I get ad.ditional information.

SS~

~fax)

Civil AViation security Program, Room 11795
Domestic Terrorism Counterterrorism Planning Section
Counterterrorism Division
L...11eo.gov

cc:

b2 -1,2
b7C -1
b6 -1

ARTHUR M. CUMMINGS; Aviation-CIRG&Training; Avia...

(J1(t
rL/lr;f4--

SUSSMAN-30

b2 -4
b7E -1

i

b7C -1
b6 -1

From:

To:
Date:
Subject:

7/2/02 7:40PM
Re: No Fly and Selectee Lists
b7C -1
b6 -1

~

r"2

F.....;.,,;;.......;.,;..;.;;.;..-------------------------------L, b5
I

Re authority to hold No Fly passengers until the FBI arrivesJ

I Wnw I r:~n't imanine that. I

If the FBI. and the TSA cannot agre~

»1

5 -1, 2

b7C -1
b6 -1

Regardsl

I

b 5 -1,2

~~
L.....-------------.....,r-

I

-1,2

/2/0211:59:21 AM>>>
.....
I The specific statutory citation for the terrorist watch Iis~

...,b5 -1,2
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b5 -1,2

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ALL INFORMATION CONTAINED

HEM'
UN . Slfl£D
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_____

...J~ Fly a~d ~el:ctee.Li~ts ..

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1b5 -1,2
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......

,....~~1b7C

My next move is to consult thel
In the_b6 -1
DAG's office--about the issue of the legal basis for No-Fly decisions after I discuss this within OGC.
b2 -1

I
lexi
I
CSL....->-::===....J==:WIO-7/01/02 07:32PM >>>

b7C -1
b6 -1

b5 -1,2
r----T:"~::-T.:':71 ....---_~~'::""!::L:""::-::;:r:.!'::-=::~::_::;_7:i'::&:::'~l':'::"::::""ii::"::"'i~i\"'i';"'A""i"i"\i";'v;:-'A"::::',...........b
7 C -1
I ask that

,go Into ad Itlona legal citations from the USA PATRIOT ACT
but the Aviation and Transportation Security Act (ATSA) of 2001. passed on
November 19, 2001, mandates in Section 101, (a), §114 (h) entitled "Management of Security
Information", that the Under SecretaI)' of Transportation for Security shall:

L..,.......--.~....le pertinent,

(1) enter into memoranda of understanding with Federal-agencies or other entities to share or
otherwise cross-check as necessary data on individuals identified on Federal agency databases who may
pose a risk to transportation or national security;
(2) establish procedures for notifying the Administrator of the Federal Aviation Administration,
appropriate State and local law enforcement officials, and airport or airline security officers of the identity
of individuals known to pose, or suspected of posing, a risk of air piracy or terrorism or a threat to airline
or passenger safety;
(3) in consultation with other appropriate Federal agencies and air carriers, establish policies
and procedures requiring air carriers-(A) to use information from government agencies to identify
individuals on passenger lists who may be a threat to civil aviation or national security; and
(8) if such an individual is identified, notify appropriate law
enforcement agencies, prevent the individual from boarding an aircraft, or take other appropriate
action with respect to that individual; and
(4) consider requiring passenger air carriers to share passenger lists with appropriate Federal
agencies for the purpose of identifying individuals who may pose a threat to aviation safety or national
security.

SUSSI"1AI\I-32

b6-1

Personally, I think that this about covers it, and hopefully, the FBI will be consulted on revisions to the
TSA Security Directives to be more clear about who is to contact whom in what situation.
f--.....,r::---:--~--~~-=---~--:-""':":":"'-~~--:-:--~--::-=":"-~--'"""":":"--------""" 2 - 4
Perhaps they need to hear a definitive statement from the FBI on these matters.
b 5 -1, 2
b7E - 1

1....-_---1

I hope this helps.

SS~

{fax)
Civil Aviation Security Program, Room 11795
Domestic Terrorism Counterterrorism Planning Section
Counterterrorism Division

' - -_ _

---l~

>>> MARTIN J KING 6/27/02 5:05:03 PM >>>
SSAI

b2 -1,2
b6 -1
b7C -1

I

b7C -1
b6 -1

b7C -1
b6 -1

As CDC of the~
have ~een asked to obtain some information for the United States
Attorney's Office
concerning the legal authority under which the FAAITSA
promulgate the No Fly and Selectee lists. Personnel from the United States Attorney's Office were
Airport Liaison
recently afforded a briefing rega~ No Fly and Selectee lists by S~
Agent. Following this briefing, S~eceived a request for additional information which has been
forwarded to the CDC for handling.

I,

l

b6 -1
b7C -1

My understanding is that the U.S. Attorney's Office would like some assistance in identifying the specific
statuteslregulations/executive orders or any other enabling provisions which grant authority to the FAA
and/or TSA to compile and disseminate the lists. There is no known agenda attached to the request other b7C -1
b6 -1
than further informing the understanding of appropriate personnel regarding the program.
I have read the "Notes and Guidance" which you prepared on 03/25/2002 and accordingly, I hope that
b2 -1
you may be of some help in responding to the request from the United States Attorney's OfficdL
......_-:--_"""":"'"--:-~f your Unit mainta,ins responsive information, please forward same to my attention. I
~~C _ ~ 1
may be reached 1

CIIMMINGS·Sr-

_

_

b7C -1
b6 -1

SUSSMAN-33

[_-----~e:NO~and ~elede~ Lis~s'

.

~.

(

..

-Page'"

··t··... ···

I

b5 -1, 2
b7C -1

J

From:

To:

L...----7/6/023:44PM
Re: No Fly and Selectee Lists

Date:
Subject:

(

b6 -1

1

seeing as how I had time today, waiting for the TSA lists, I thought I would reply to you. I know this
mail constitutes an on oin discussion which really needs to be held in person, so people can offer their
views

1. Agree.

2. Agree
3 and 5. Still not clear on your distinction.
b5 -1-,2

IbS
,--------

("S_---V/3/02
1. As far as I

-1,2

b7C -1
b6 -1

9:03:31 AM »>

am concerned1
1b5 -1,2

bS -1,2

J
2 YollJ1eard their

r

r

COlln~~1 .",,, '·",u"ants more, such

I

as'

r

BuL what TSA os enbtled to .><pocl,s aJ

~5
-------------------------All INFORMAilON CONTAlml

)

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~i;lf~~lAS~'~ffc.(e()9\<O fl ,..J L,s (A ~{(A L

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03-

11)1)(',

SUSSMAN-34

-',2

b7C -1
b6 -1

4. Maybe, at some

I

POint,S

b5
-1,2

5. In the end, even though we are dealina with lists or arouoinas of Deoole who are ioined tooether bv a
b5 -1,2

D=----_

c5

b7C -1
b6 -1

107102102 07:39PM >>>

b5 -1,2

b5 -1,2

We still need to address the legaL policy and procedureal questions as a total picture rather than

0"""",,,,"11

1

_

Re authority to hold No Fly passengers until the FBI' arrives
I..--

Wow I can't ImaClne that

b5 -1,2

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1

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bS -1,2

'-----

r

b7C -1

ls

t

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-1,2

-1,2

~

lb5

My next move is to consult th~
lin the
DAG's office--about the issue of the legal basis for No-Fly decisions after I discuss this within OGC.
.

b7C-1
,

1_ _------

ES~---'07/01/02 07:32PM >>>

b6 -1

b2 -1

bS -1,2
.........---""1'"r---r"..........-J===:::::;::=::::-::-~-:---.-:::---.-~-.--::-::---;:---::::-7':"::''':''''':~=:=-:~~
b 7C

OGC, go into additional legal citations from the USA PATRIOT ACT
L..-mtllT"TT,,",'n""rle pertinen!T,~uT"l'l:-::e~v~la=\ion and Transportation Security Act (ATSA) of 2001, passed on
November 19, 2001, mandates in Section 101, (a), §114 (h) entitled "Management of Security
Information", that the Under Secretary of Transportation for Security shall:

(1) enter into memoranda of understanding with Federal agencies or other entities to share or
otherwise cross-check as necessary data on individuals identified on Federal agency databases who may
pose a risk to transportation or national security;
(2) establish procedures for notifying the Administrator of the Federal Aviation Administration,
appropriate State and local law enforcement officials. and airport or airline security officers of the identity
of individuals known to pose, or suspected of posing, a risk of air piracy or l<:1"n::,n5m cr ~~ ~rea.: t~. airline
or passenger safety:
(3) in consultation with other appropriate Federal agencies and air carriers. establish policies
and procedures requiring air carriers(A) to use information from government agencies to identify

-1

b6-1

1

b 7C -1. SUSSMA.-,-N-'.-:3-,-7--,-=-..-..=,--,--",,---~
__"',-a_ge-,-4~J
b6 -1

individuals on passenger lists who may be a threat to civil aviation or national security; and
(B) if such an individual is identified, notify appropriate law
enforcement agencies, prevent the individual from boarding an aircraft. or take other appropriate
action with respect to that individual; and
(4) consider requiring passenger air carriers to share passenger lists with appropriate Federal
agencies for the purpose of identifying individuals who may pose a threat to aviation safety or national
security.
Personally, I think that this about covers it, and hopefully, the FBI will be consulted on rev~'
TSA Security Directives to be more clear about who is to contact whom in what situation.

1l.IoOiL.IoW..1oI.LliiIi_--,

.110'

I hope this helps.

SS~

I(fax)
Civil Aviation Security Program, Room 11795
Domestic Terrorism Counterterrorism Planning Section
Counterterrorism Division
_ _ _ _~leo.gOV

~~{;~

b2 -1,2
b7C -1
b6 -1

b7C -1
b6 -1

I

i1

16/27/025:05:03 PM >>>
b7C -1
b6 -1

I

As CDC of th
I have been asked to obtain some information for the United States
Attorney's Office
concerning the legal authority under which the FAAITSA
promulgate the No Fly and Selectee lists. Personnel from the United States Attorney's Office were
Airport Liaisorb 7 C -1
recently afforded a briefing reg~ding thj No Fly and Selectee lists by
Agent. Following this briefing, S
received a request for additional information which has been b 6 - 1
forwarded to the CDC for handling.

I

sA

I

My understanding is that the U.S. Attorney's Office would like some assistance in identifying the specific
statutes/regulations/executive orders or any other enabling provisions which grant authority to the FAA
and/or TSA to compile and disseminate the lists. There is no known agenda attached to the request other b 7 C - 1
than further informing the understanding of appropriate personnel regarding the program.
b 6 -1
I have read the "Notes and Guidance" which you prepared on 03/25/2002 and accordingly, I hope that
you may be of some help in responding to the request from the United States Attorney's OfficeJ~_ _...I
your Unit maiqtains responsive information, please forward same to my attention. I
may be reached a
J

____.....,.---"1 If
cc:

I

ARTHUR M. CUMMINGSJ
MARION Bowmanl
b7C -3
b6 -3

lL...-

b2 -1
b7C -1
b6 -1

_
b7C -1
b6 -1

___-........._ .......

From:

b

Date:
Subject:

b2 -4
5U55MAN-38
b7C -1
. - - b7E -1''--''
Pag.·e.·1.J·
.·
-----------------.J'--'---cb6 -1 .
-

I ARTHUR M. CUMMINGS;
I I

"'---

b7C -1
b6 -1
b2 -4
b7E -1

---J

(/181026'39PM

"-::===============================:::;-_b2
r

b7D -4-1
b7E -1

Thank you.

----_..._..----...-- --- ----- ._------------------......--------------------... ------...---~;~--------...Jlalstate.gov>

---

cc:t:::::::::::::::::::::::::::::::::::::::::::::::~~---.J

b7C -1,3,5
b7D -1
b6 -1,3,5

Subject: RE: TSA No Fly List
Date: Thu. 18 Jul2002 13:51:03 -0400

I

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Please advise who will attend this meeting. I may be reached

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---J1 Thanks.

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~;~~fQinal MessaQef(~-~I) [maiitol--....,~leo.govJ
Sent: July 06, 20022:51 PM ...-Tod
:JE-mail)~
Ccf
I(E=mail)l
Subject: Re: TSA No Fly L":""is":""t

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-----.....1I(E-mail)

c=Jsorry, I was looking on the wrong lists - it looks like there is al
Selectee List 44.

pn the most current
....l

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(E-mail)"

F;.L..----""1'='::-==':"':'::::'"'"------------J
ov>
L...-_r-----__.... E-mail)..IL....----~state.gov>1
(E-mat
ost.dot.gov:>
Sent: Friday, July 05, 2002 5:50 PM
Subject: Re: TSA No Fly List

-----

Hello·D
pn either of the ~o lists (No Fly 73 or Selectee 44), so Mr.
J>hould have no more problems for now. However, if another!
Ishould be put
on the list, his name would trigger something. Your advice was the best that could be given under the
circumstances. I don't know If FBI put him on the list or not.

I

It appears that th;re is no morel

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IL....--I

~upervisory Special Agent
Civil Aviation Security Program
Special Events Management Unit, Room 11795
Domestic Terrorism Counterterrorism Planning Section
Counterterrorism Division
Federal Bureau of Investigation
I
I(fax)

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faa.gov

=~===PJ:;;@~state~

~~~_ _......KE-mail)" ~Ieo.gov

I (E-mail)"

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There is a specific case involving the TSA List which is a slightly bigger problem for us. The list contains
the name: I
We have a MrJ
Iwho is
continually denied access to the automated check-in and is given the third degree every time he flies.

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The problemrl'·OLl.Ilw...J.lW-.L..-

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a member o.. L..~--..,....---,--.-r---....L~~..:.:.:.::~:.::..::.:;
preparatory meetings related to th
We h;::.av.:.:e~ad:::.v:.:i:::.se~d~ou~r........
..1..::::...::.::::.::.:.:..:.:.:.::.,
ticket using his full names which match those on his passport Le.LHis travel agent has added his Frequent Flyer details to all his bookings an~ Provi~S MrL......I
..QQ.Uassport # and Country of Issue so he can checked out early throug
hen he travels to the
L-..J Still he get's hassled. Is there anyway way for you folks to verify whether you~
still a
valid name, add more details or delete it? We're still tooking forward to meeting with you folks to try and
come to grips with the TSA List issue.

----..-J

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cc:

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SUSSMAN-41

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Fro~

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ToCL....----fFBmL...@leo.gov>
Subject: RE: TSA No Fly List
Date: Tue, 18 lun 200220:46:23 -0400
HiD

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----------------------------------------------------------------------------E-mail)'1

@state.gov>

~----~(E~--m.Ja·i~l)'.!:l ===:::::;:::::--:~faa.gov>,
!====::::::II=::::!.=:E-mail)"@ost.dot.gov>,
L...J,E-mail)'1
@leo.gov>
Subject: TSA No Fly Lis~_ ..
Date: Tue, 18 JUll 2002 12:18:29 -0400

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From:

To:
Date:
Subject:

7/22/02 1:48PM
Info for TSA Legal Request

, " " "-:,_ _~I seems to believe that he is entitled to an immediate response to his issues, when the FBI has
I

been waiting since Nov 20'01 for resolution to our issues asking them fo~
land to cooperate on crafting the Security Directives. They ignore~
~anuary letter,
and have yet to act, based on discussions held at a meeting in early June to go over these issues again.
Therefore, I don't know that we should be in any rush for him, but you have to keep letting him think you're
working on "it" - same tactic they use with us.

I

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c=Jls going to write the FBI a letter about what TSAwants to know from us about detaining passengers,
etc. These are the points that I think need to be iterated, among any others we might add about how a
person gets on the list in the first place.

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S_US_S_M_A_N_-_43

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1. What does the FBI want the TSA to "do" re a "No Fly" List?

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1~~E~~l

2. What is the legal justification for what the FBI wants the TSA to do?
A. The legal justification for requiring air carriers to identify passengers on threat lists (including NCIC)
and for preventing passengers from boarding until and if identified as a "match" may be found in the
Aviation and Transportation Security Act (ATSA) of 2001, passed on November 19, 2001, mandates in
Section 101, (a), §114 (h) entitled "Management of Security Information", that the Under Secretary of
Transportation for Security shall:

(1) enter into memoranda of understanding with Federal agencies or other entities to share or
otherwise cross-check as necessary data on individuals identified on Federal agency databases who may
pose a risk to transportation or national security;
(2) establish procedures for notifying the Administrator of the Federal Aviation Administration,
appropriate State and local law enforcement officials, and airport or airline security officers of the identity
of individuals known to pose, or suspected of posing, a risk of air piracy or terrorism or a threat to airline
or passenger safety;
(3) in consultation with other appropriate Federal agencies and air carriers, establish policies and
procedures requiring air carriers-(A) to use information from government agencies to identify individuals
on passenger lists who may be a threat to civil aviation or national security; and

(B) if such an individual is identified, notify appropriate law enforcement
agencies, prevent the individual from boarding an aircraft, or take other appropriate action with respect to
that individual; and

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(4) consider requiring passenger air carriers to share passenger lists with appropriate Federal
agencies for the purpose of identifying individuals who may pose a threat to aviation safety or national
security,

sJ

ci
That's as far my legal brain will carry me, which may still not be far enough to properly address the issues.
Thanks.

I

ssAi
(fax)
Civil Aviation Security Program, Room 11795
Domestic Terrorism Counterterrorism Planning Section
Counterterrorism Division
----JF'eo.gov

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_____....~YDst~

""."" ~age,,1J
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From:
To:
Date:
SUbject:

7/23/0210:16AM
No-Fly List

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___let al: This is to confirm our understanding in OGe of yesterday's meeting. We all recognize the b6

-1

needs:

c----~---

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Obviously, eTD will have to address the last three of the four items listed above--although OGe will
certainly help wherever we can. However, we can and should play an integral role in developing criteria.
We can work on criteria in theory but we really need to learn the track record of experience so far.

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To that end. you agreed to consult with the coanizant oeoole in the TWL unit and other IT sources to
" <>nn'lO nf tho <:>,.h 1<:>11

Let me know if your understanding is different than what I have described and please let us know how you
are progressing in finding out the actual criteria used so far.
Thanks!"'---

I~C:l &.c;'"'- -

IExtl_ _

---l

e~U:=lirMINGS, ARTHUR M·!I--_ _----II I' --------"-----

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From:

To:
Date:
Subject:

NO FLY INFO
8/5/027:45PM
List Criteria

I

pe, all[ las! meetiaa I rllllIewed me

exist!n~

J

---J

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cc:
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All INFORMATION CONtAINED

HE~I
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BY c.lo C~ ~ ') r\l LS
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From:
To:

Date:

~6:52PM

Subject:

L-jissem of No Fly List

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This is probably a tricky question depending on to whom you wish to give it and why. If you have an
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FAA/TSA repl
lit might be~discuss ~ them and let me know what they say.
I've been answering this question for otherL-J but eachL-.jsituation may be different.

-1,

I think it should be disseminable to liaison contacts responsible for aViation-security matters

I

I

Hopefully. you can look at the purpose of the list. and go from there. Thanks for your question. If you run
into problems or other questions, please let me know.
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~/5/02 1:11 :06 AM »>
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eI

Can we dissseminate this list

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t~L.

_

»~

] 08/01102 05:58AM >>>
I've received acouple If questions from
labout the lists. such as whether the names are in other
databases, etc. I'll answer as I can and cc everYone, and then try to compile a comprehensive info sheet
at some point. For example,l

-_

... ...----------------- .... __ ..-------------.......------_ ... ---------------------- ..

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_------_ ..._--------------

Please forward this mail as appropriate within your offices and to CP/Duty Agent. Thank you.
- Recipients of this mail have either been designated as Airport Liaison Agents or have duties and
responsibilities which necessitate, or are enhanced by, awareness of Transportation Security
Administration (TSA - formerly FAA) security information.
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ssA

I(fax)

Civil Aviation Security Program, Room 11795
Domestic Terrorism Counterterrorism Planning Section
,.Ioo.I.u.II.I.~rterrorism Division
leo.ov

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'--

.....J~~ssemof No Fly, List,

From:
To:
Date:
Subject:

---'---"'--'-'-'-'-'--'"-'b 2 - 4 , 5
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SUSSMAN--48 ' , Page,>'J'

ARTHUR M. CUMMINGS

11.....-_ _- - - - - - - - - - - '
8/7/~PM

Re:LJissem of No Fly List
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All, the No Fl yand S electee lists are contro IIed b)v t heTA
S and as such will be dlsseminatedb>v that
organization I

I

1deas?

:;D~------"~8/05

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6:52 PM »>

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This is probably a tricky question depending on to whom you wish to give it and why. If you have an
FAAfTSA repl
lit might be best to discuss this with them and let me know what they say.
~ituation may be different.
I've been answering this question for otherc::=J but each

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I

~esponsible for aviation-security matters!

I think it should be disseminable tol

I
Hopefully, you can look at the purpose of the list, and go from there. Thanks for your question. If you run
into problems or other questions, please let me know.

6.---

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18/5/02 1:11 :06 AM >>>

Can we dissseminate this list tol"---

_

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>~

108/01/02 05:58AM »>
I've received a couple of questions fronj
jabout the lists, such as whether the names are in other
databases, etc. I'll answer as I can and cc everyone, and then try to compile a comprehensive info sheet
at some point. For example!

Please forward this m,Ji4 as appropriate within your offices and to CP/Duty Agent. Thank you.

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.... Recipients of this mail have either been designated as Airport Liaison Agents or have duties and
responsibilities which necessitate, or are enhanced by, awareness of Transportation Security
Administration (TSA - formerly FAA) security information.
These lists and general guidance for FBI response to possible name matches on TSA lists may be found

ALL INFORMATION CONTAINED

ltEm~ .U~~LASSlfILO
- f.,
DA
BY u..e.- 0« Co I)
eAj03-'')I)~

q.Pa~e2 ]

ssA

I(fax)
Civil Aviation Security Program, Room 11795
Domestic Terrorism Counterterrorism Planning Section
Counterterrorism Division
____Flea.gov

ee·

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~No Fly .~ist ,f=lr~cedures.

-----

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From:
To:
Date:

9/18/024:41PM

Subject:

No Fly list Procedures

To your knowledge, have the TSA and the FBI a reed to a chan e in res onse
matches on the No Fly List, Le" ifTS
I'm
sure that if there had been such a major ange In proce ure, you would have let me know. I've seen no
Security Directive to that effect and I can't imagine it. Anyway, I ask because I think SIOC may have
inadvertantly misadvised one field office to that effect, and that office has asked for clarification. As far as
I know, and please correct me if I'm wrong, the process, in a nutshell, is still as follows:

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,I

FBI agents get contacted bv the local nolice or air carrip.r tn

r

I

Is that still the procedure? Thanks.D

ssA
~ (fax)
civil AViatIon Security Program, Room 11795
Domestic Terrorism Counterterrorism Planning Section
Counterterrorism Division

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_ _--..l~leo.gOV

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-----~i"IT"M~~- - - SUSSMAN-61

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From:
To:
Date:
Subject:

10/10/028:07PM
Re: NO-fly List

o
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First of all, thanks to Tom Bush - I have him fooled, ell? :.,)

~O-FIY lists being maintained and

1. Q. We
have
found out that there are POSSiblityl
utilized
at the
airport.

A. There is only one No Fly List - it is capable of being printed and the TSA maintains it, based on
info from FBI, CIA and other intel sources. The current list is #115, and it is about 41 pages long b2-4
right now.
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"_0.

2. Q. The

A.I

3.

a,

-

r

WI" knn'AI nf .......

T~ 1\. FBI and thl'! ...;..I;~ ... ~

r

I

These list are not comprehensive and not centralized.

A. The lists will never be comprehensive and centralized, as they have different purposes and are
maintained by different agencies. However, one day they will all be checked simultaneously (I will
be retired by then!)

3.

a.

Some subjects appear are one list but not the others.

A. I would imagine that the No Fly List contains ~ names that are also in VGTOF, but not all
No Fly names are in VGTOF, although they should be. There will never be consistency due to
input mechanisms; etc. and purpose of "lists."

4. Q. Some of the lists are old and not current. A. Throw old lists away and ask the agencies for
new.'!sts.
entoes
I I keep you up to date as best as I c~n with the TS1\ list. VGTOF is as current as the

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5. Q. Ple::lc:ll'> .. rl\lic:.. h~...

AJ

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ASAP.

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6. Q.
EC, Dated 10/09/02, titled
i
is a
directive to field offices confirming that all SUbjects have been appropnately watchlisted. We have
contacted TSA today. 10/10/02 to verify if our subjects have been place on the list and again determine

p~evbwe

tL

oW

_

ALl INFOR:II';;iC:,; C,)NfAINED

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c=J I have to leave for the evening - I hope this helps somewhatD
»~

o

110/10/0212:12:44 PM »>
Hello from St. Louis. Our New SAC, Tom Bush spoke highly of you yesterday.

~w:] ·hwo in S:" l.ouis have a problem and are wondering if you Gould help uS out. We have found out
there are pOSSiblityj
INO-Fly lists being maintained and utilized at the airport. The
agencies having lists. as we know of are TSA, FBI and the airlines. These list are not comprehensive and
not centralized. Some subjects appear are one list but not the others. Some of the lists are old and not
current. We are realty confused.

a
SIOC an
FBIHQ attempting to place these St. Louis SUbjects on the NO-Fly lists, again
with no success.
as been the most b1ll2fyi but we have not ~et been able 10 :1 'he subjects
aced on the lists.
EC. Dated 10/09/02, titled
is a directive to field offices confirming that all subjects have been appropriately wachhsted. We.
ave contacted TSA today. 10/10/02 to verify if our subjects have been place on the list and again
determine that they have not. Please advise how we can get these people on the No-Fly List ASAP. b2--4

~

au

I

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Thanks

cc:

I

Aviation-CAS Program; THOMAS E. BUSH; TSA LIST PROCESS

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From:
To:
Date:
Subject:

~

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IAviation Field 25
10/25/02 6:37PM
TSA No Fly 123 & Selectee 80 lists

I've received some questions about how r1should handle the lists. This is my best guidance, but if
someone has something additional to off~se let us know.
If the goal is to not let identical matches board flights, and it is the air carrier's responsibility to do that, we
have to figure out ways to help the air carriers determine if a possible match is an exact match. If the rr
carrier identifies a possible match, they are supposed tal
I
don't know what optionsc=Jhave to discuss identification with air carrier personnel or if they prefer, or
have, to go to the local police at the airport to assist them, but someone is going to have to compare the
passenger's identification to the list data. That can be over the phone or in person.
TSA controls dissemination of the list and the FBI is only supposed to disseminate within its own

organ~tion

1

------ ..._---------------------------------------------------------------------

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Please forward/disseminate as appropriate
- Recipients of this mail have either been designated as Airport Liaison Agents or have duties and
responsibilities which necessitate, or are enhanced by, awareness of Transportation Security
Administration (TSA - formerly FAA) security information.

r

ese

lists ~nd genera!oujdance fur FBI rer;;.~ 19 possjble

1::'::'':''

on !SA lilWi w"" b. ~d

SUSSMAN-64

From:

To:
Date:
Subject:

10/7/024:40PM

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Re: the TSA No Fly list

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o

The question has arisen many times already. Persons are placed on the list based on a variety criteria,
including the following, which all focus being a known or suspected terrorist, planning or suspected of
lannin a terrorist act etc AND os;n a threat to aviation. When ou ask if an ersons on the list are
I don't think so,

--

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...l11017,02 10:56:33 AM »>

ou know what factor(s) are used in placing individuals names on the list? For example:

L.:::=:::---------------l

I would like to know for future reference in case the question
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Thanks,

ICC:

J~-----

SUSSMAN-65

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From:
To:

Date:
Subject:

9(30/028:01PM
Re: No-Fly Question

HiD

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I didn't see this article so thanks for sending. The TSA maintains the No Fly List, but the content is
generated by FBI, CIA and probably other intel entities. I'll read the article in depth tomorrow.

o

eJ-----..,~/30/02 9:47:51 AM »>

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Re the attached article. Who does "maintain" or is "responsible" for the no-fly list?
No-Fly Blacklist Snares Political Activists
The San Francisco Chronicle
By Alan Gathright
September 28, 2002
SAN FRAI\lCISCO, CA -- A federal uNo Fly" list, intended to keep terrorists from boarding planes, is
snaring peace activists at San Francisco International and other U. S. airports, triggering complaints that
civil liberties are being trampled.
And while several federal agencies acknowledge that they contribute names to the congressionally
mandated list, none of them, when contacted by The Chronicle, could or would say which agency is
responsible for managing the list. One detainment forced a group of 20 Wisconsin anti-war activists to
miss their flight, delaying their trip to meet with congressional representatives by a day. That case and
others are raising qu~stions about the criteria federal authorities use to place people on the list -- and
whether people who exercise their constitutional right to dissent are being lumped together with terrorists.
"What's scariest to me is that there could be this gross interruption of civil rights and nobody is really in
charge," said Sarah Backus, an organizer of the Wisconsin group. "That's really 1984-ish."
Federal law enforcement officials deny targeting dissidents. They suggested that the activists were
stopped not because their names are on the list, but because their names resemble those of suspected
criminals or terrorists. Congress mandated the list as part of last year's Aviation and Transportation
Security Act, after two Sept. 11 hijackers on a federal 'Watch list" used their real names to board the
jetliner that crashed into the Pentagon. The alerts about the two men, however, were not relayed to the
airlines. The detaining of activists has stirred concern among members of Congress and civil liberties
advocates. They want to know what safeguards exist to prevent innocent people from being branded "a
threat to civil aviation or national security."
NO ACCOUNTABILITY
And they are troubled by the bureaucratic nightmare that people stumble into as they go from one
government agency to another in a maddening search to find out who is the official keeper of the nO-fly
list. "The problem is that this list has no public accountability: People don't know why their names are put
on or how to get their names off," said Jayashri Srikantiah, an attorney with the American Civil Liberties
Union of Northern California. 'We have heard complaints from people who triggered the list a first time
and then were cleared by security to fly. But when they fly again, their name is triggered again."
Several federal agencies -- including the CIA, FBI, INS and State Department •• contribute names to the
list. But no one at those agencies could say who is responsible for managing the list or who can remove
names of people who have been cleared by authorities. Transportation Security Administration
spokesman David Steigman initially said his agency did not have a no-fly list, but after conferring with
colleagues, modified his response: His agency does not contribute to the no- fly list, he said, but simply
relays names collected by other federal agencies to airlines and airports. "We are just a funn'el," he said,
estimating that fewer than 1,000 names are on the list. "TSA has access to it. We do not maintain it." He
couldn't say who does.

Oden said a National Guardsman gral;lQ~p.!lrHAl(~~en she tried to help a security screener searching
her bags with a stuck zipper. The midatl:f-agMCfWdn¥cJ'r't, who said she was conservatively dressed and
wore no anti-war buttons, said the guardsman seemed to know her activist background. "He started
spouting this pro-war nonsense: 'Don't you understand that we have to get them before they get us? Don't
you understand what happened on Sept. 11?" Airport officials said at the time that Oden was barred from
boarding because she was uncooperative with security procedures, which she denies,
Instead, Oden pointed out that the American Airlines ticket clerk -- who marked j'i0r bOGI'~ins pas~ If);;;'] an
"S" .- had acknowledged she wasn't picked by random. "You were going to be se<;rci',ed fl{l (na\ter what.
Your name was checked on the list," he said, according to Oden. "The only reason I could come up with is
that the FBI is reactivating their old anti-war activists' files,· said Oden. who protested the Vietnam War as
a young office worker in Washington, D.C. "It is intimidation. It's just like y'ears ~go when the FBI built a
file about me and they called my landlord and my co-workers.... They did that with everyone in the
anti-war movement." A
TOOL FOR TERROR
In his testimony before Congress, Mueller described the watch list as an necessary tool for tracking
individuals who had not committed a crime but were suspected of terrorist links. "It is critically important,"
he said, "that we-have state and locals (police) identify a person has been stopped, not necessarily
detained, but get us the information that the person has been stopped at a particular place." None of this
makes the peace activists feel any safer -- about flying or about their right to disagree with their
government.
"It's probably bad for (airport) security," said Sister Virgine. "Stopping us took a lot of staff away from
checking out what else was going on in that airport." Ultimately, she said, "To not have dissent in a
country like this would be an attack on one of our most precious freedoms. This is the essence of being
an American citizen - the right to dissent."

cc:
PROCESS

I

TERRORIST WATCH LIST Unit; TSA LIST

L-

-----

b2 -4
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into VGTOF.

Tbe Terrorism Watth List

b2 -4

. . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . , b7E -1

Transportation Security Administration (TSA)
(No Fly and Selectee Lists)
The No Fly List is used to prevent indiViduals from using commercial aviation
who are deemed by TSA to be a threat to civil aviation based on infonnation provided by various
sources (such as the FBI). If an individual is listed on the No Fly List, that individual will not be
pennitted to board any commercial aircraft within the U.S. until such time as the individual is
removed from the list by TSA. If an individual on the No Fly List is identified at an airport, the
local FBl office will be contacted to cond~ct a thorough interview of the individual to make a
b2 -4
positive identification. It should be noted, the air carriers and/or local airport authorities are
responsible for preventing a passenger on the No Fly List from boarding an aircraft, not the FBI. b7E -1
The Selectee List consists of individuals who are
ese 10 IVI ua s are screened by airport authorities in accordance with TSA
Security Directives. Following the screening procedures, these individuals can use commercial
air transportation and should not be denied boarding. Again, the respective air carrier and/or
local airport authorities will make the final detennination regarding who boards an aircraft.

b2 -4
b7E -1

Additions to the No Fly and Selectee lists are based on recommendations from the
lthe FBI and CIA). Removals are based on

u.s. Intelligence Communityl

AllINFOrfMATlO" CONTAINED

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recommendations from the originators of the information.

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lb = = = = = = = = = = = = = = = = = = : : L 1
DEPARTMENT OF STATE (DOS)

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b2 -4
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SUSSMAN-68

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The Terrorism Watch List

b2 -4
b7E -1

Transportation Security Administration
(No Fly and Seledee Lists)
The No Fly List is used to prevent individuals from using commercial aviation
who are deemed by TSA to be a threat to aviation, based on information provided by various
sources (such as the FBI). If an individual is listed on the No Fly List, that individual will not be
permitted to board any commercial aircraft within the U.S. until such time as the individual is
removed from the list by TSA. If an individual on the No Fly List is identified at an airport, the
local FBI office will be contacted to conduct a thorough interview of the individual to make a
positive identification. It should be noted, the air carriers and/or local airport authorities are
responsible for preventing a passenger on the No Fly List from boarding an aircraft, not the FBI. b2 - 4
The Selectee List consists of individuals
ese In IVI ua s are screene y atrport aut onttes In accor ance WIt T A
Security Directives. Following the screening procedures, these individuals can use commercial
air transportation and should not be denied boarding. Again, the respeCtive air carrier and/or
local airport authorities will make the final determination regarding who boards an aircraft.

b2 -4
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The Terrorism Watch List

b2 -4

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Transportation Security Administration
(No Fly and Selectee Lists)
The No Fly List is used to prevent individuals from using commercial aviation
who are deemed by TSA to be a threat to aviation, based on information provided by various
sources (such as the FBI). If an individual is listed on the No Fly List, that individual will not be
penniUed to board any commercial aircraft within the U.S. until such time as the individual is
removed from the list by TSA. If an individual on the No Fly List is identified at an airport, the
local FBI office will be contacted to conduct a thorough interview of the individual to make a
positive identification. It should be noted, the air carriers and/or local airport authorities are
responsible for preventing a passenger on the No Fly List from boarding an aircraft, not the FBI.

b2 -4

b7E -1

The Selectee List consists of individuals
ese an IVI ua s are screene y airport au onties In accOf ance Wit TSA
Security Directives. Following the screening procedures, these individuals can use commercial
air transportation and should not be denied boarding. Again, the respective air carrier and/or
local airport authorities will make the final determination regarding who boards an aircraft.

b2 -4

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References:
Subject: Re:":N':"'"o-;F=:'ly~li;-st;---------------------_...J
Date: Fri, 9 Aug 2002 00:58:41 -0400
MIME-Version: 1.0
Content-Type: texUplain;
charset="iso-8859-1"
Content-Transfer-Encoding: 7bit
X-Priority: 3
X-MSMail-Priority: Normal
X-Mailer: Microsoft Outlook Express 5.50.4807.1700
Disposition-Notification-T
Jg}leo.gov>
X-MimeOLE: Produced By Microsoft MimeOLE V5.50.4801.1700

b7C -1,6

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b2 -2

01

_

Please understand that' am only one of many persons involved in this
b 6 -1, 6
process, but, as I have tried with other citizens facing the same situation,
I will try to respond to your Questions since you were referred to me by the
-""'.
FAA. For starters, let me say that the U.S. government and the airlines are
continually working to streamline the identification of passengers while
affording maximum security. Passenger cooperation plays a big role, so we
very much appreciate that you recognize the overall issue.
Even though your marketers name may match or be dose enough to a name on
the No Fly List to warrant additional scrutiny, her own identification, once
examined by airline or law enforcement pers.onnel, should be sufficient to
distinguish her from the actual person on the list. I think that the
airlines, law enforcement and the passenger all hope that this examination
process is short, but everyone also wants to be sure that the passenger is
not the person on the list. Although there is no government documentation
available at this time which a person can carry with them to say that they
are not the person on a list, I can only suggest that your marketer contact
the airline(s) with whom she deals to inquire if there is something she can
do to assist them in distinguishing herself frm'irlhe listnam,,~.in adV3:lCe
and again at the ticket counter/gate, to faci\it3:'e the PfOC:9.>~;.
I'm not at liberty to discuss how the No Fly List works, and I don't believe
that there is any public information at this time regarding the list. You
may wish to review the Aviation and Transportation Security Act passed by
Congress on 11/19/2001, for insight on the requirements for checking airline

5U55MAN-71

_ _ _ _ _ _ _ _...1

=ua,::==:==::. :

_ _......~q§tions Reply.tXt

passenger information.

I

The idea of having a database or clearing house that could be searched or to
which names could be submitted is one that has been raised by many people
and that I imagine will be the subject of debate for some time.

b2 -1

I hope I have assisted you and, again, thank you for your cooperation as we
face these challenges.

b6 -1,6

b7C -1,6

IsuperviSOry Special Agent
Civil AVlaflon Security Program, FBI Headquarters-Room 11795
935 Pennsylvania Avenue, NW. Washington, DC 20535

I

~fax)

---- 0r:.r~iL::.:.::~~=l£:::."";;';"
--,
From
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Sent: ednesday, August 07, 20024:19 PM
Subject: No Fly List

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b2 -2

j> I was given your contact information by someone at the FAA concerning the
> "no-fly" list. I manage a company that conducts background checks for
> employers. My interest stems from the experiences of one of our marketers
> who is routinely subjected to close scrutiny because her name pops up on
> this "no-fly" list. We aren't complaining, just curious about the list.
>
> Is there some type of document someone could carry showing they aren't the
> person wanted on the list? How does the list work? Is there any public
> information available regarding the list?
>
> On a side note, our industry (there are many companies that do what we
do),
> screens hundreds of thousands of people each week who are applying for
jobs
> in the US. It would be a great tool for the US to have some sort of
> database or clearing house for wanted peTsons that we could either search
or
> submit names for searches.
>
> Thanks,
>

b6 -6
b7C -6

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Bec
tsa.dot.gov
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SubJec: e:I-...
Date: Mon, 29 Jul2002 15:46:48 -0400
Deal....

_

exPlai~erience

at Jacksonville
Thank you for your email to
Airport. Please understand that it -i~ho is on the No Fly
list, but similarly named people who may pose a danger to aviation. As you
might imaginel
!experience is repeated across the country with
the more common names. both in Arabic and English. It's difficult to be too
cautious. Procedurally, when people with names similar to names on the list
present themselves at the ticket counter with their identification, airlines
are given the option of determining for themselves that the passenger is not
the person on the list. Some airlines either don't have the capability or
don't accept the option to make the determination. and therefore they must
contact the airport police for a decision. If the police were checking
databases, it's possible the didn't want to render a decision until they
were absolutely sure of wh
as, or wasn't. Unless there is a
is the same as someone on the list,
real question as to whethe
clearance should not take more an minutes.

b7C -2,6
b6 -2,6

b7C -2

~nd it sounds like a problem with
I just got off the phone wit~
ladv e e
the airlines at Jacksonville airport, becaus4
didn't have the same problem at Dulles in D.C. I provide
with
some guidance for contacting the airlines with whom he has a requent Flyer
number, and also for initiating contact himself with the airport police
prior to arrival at the airport, to give them a heads-up.

b6 -2

In the meantime, I kno~
~poke with someone today at the
Jacksonville FBI office, but I didn't recognize the name of the person he
spoke with. Therefore, I will be contacting two, experienced aviation
security agents in our Jacksonville office for follow-up at the airport to
see if there is a problem which can be easily rectified.

b7C -2
b6 -2

Sincerely,

I

ISupervisory Special Agent
Civil Aviation Security Program
Special Events Management Unit, Room 11795
Domestic Terrorism Counterterrorism Planning Section
Counterterrorism Division
Federal Bureau of Investigation

b2 -1
b7C -1
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----- O~igiQal Message ----From: I
To: 1~:..!::::==:::;;,le:-o:-QQ-:v-:--------------

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cc:1
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Subject

1,---

b6 -1,2

_

The FAA referred me to you regarding a "No Fly List" in which our Medical
Directo~
~ has inadvertently been put on. As he was
leaving Jacksonville this morning, he was detained for forty-five (45)
minutes (and almost missed his flight to New Orleans) to be run through
every computer database that was available by the local authorities. The
local authorities suggested that he call th~ FBI to have his removed from
this so-called "No Fly List". The TSA and FAA were also notified by both
'-:-_-:-----Jloffice personnel, as well as myself. After numerous calls,
transfers, etc., we were directed back to the FBI.

b7C -2
b6 -2

I

lis a very well-known and respected physician here the
Jacksonville, FL area (please refer to his website~.....--:'_~~~-­
Quite often, he is required to travel out of state for seminars, business,
personal and other hospital related issues; and it is imperative that he
not be continually detained by the authorities. After the 9/11 terrorists
attacks. we understand the need for increased security; however, we hope
th~
will not have to endure the humiliation and delay in travel
that he experienced this morning.

I

His passport number

I

iS~

His date of birth is:I.....

b7C -2
b6 -2

____

lwill

On Monday, July 29thJ
be meeting with the local FBI here in
Ji;tcksonville, FL. If there is any further light you can shed on this
incident, it would be greatly appreciated.

b7C -2,6
b6 -2,6

5U55MAN-74

:

______----JtReTNOFIY List question

From:
To:

r

l

Date:
SUbject:

.

.

b7C -1

b 6 -1

Fri, Jan 31, 2003 4:56 PM
Re: No Fly List question

~

- not SSA anything .. )
No, not at this point as I can't see the formica pattem on my desk due to paper gluttage.
I trust the ec is worthy and appropriate. However, please remember the following if you wish to proceed:
As a guide - If a CIA wishes to place a person on the No Fly List, the person
•At

L.".""I"II"I'!lrr-rrl~~=~"II':":"'"==-:===~='E""""----------------b2

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If the CIA still feels that strongly, then ...with the concurrence and assistance of your HQ Substantive Desk
SSA, prepare:
erson. This will need to be at the FOUO for official use

b2 -4

[

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b2 -4

L..-r:!:============================r b7E

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Or---------------5. Once obtained, this information is forwarded to the TSA for placement on the NO Fly list. Once this
person is on the list. he will not fly within the US, nor will he be able to fly out of the US or from any airport

I

I

dl.....--

_

b2 -4
b7E -1

I hope this helps. Please call me if you need further gUidance/assistance.

SS~

Coun~t-ert"":"e-r-r'01-,":'"';s-n-l~D-!v":'"is"':'"ic-":1--

b2 -1

Civil Aviation Security Program
m1179
BIHQ
Desk
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AtllNFORMATION CONTAINED
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Re: selectee list

Right on ..
Sorry about the attachments - the computer gremlins were at work aaain..

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103/2710:10AM»>

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From how I understand it the Selectee List is

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103/26 6:49 AM >>>

I know what the procedures are for the No Flv. but what are the Drocedures for Dlacina an indivirh J~I
the Selectee List.

I

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SUSSMAN-76

- - - - - -

-----

,

~--

(Rev. 08-28-2000)

FEDERAL BUREAU OF INVESTIGATION
To: crimina"nvestjQlive From: Office of the General Counsel

Re:1

08/23/2002

b2 -3

Precedence: ROUTINE
To:

Date: 08/23/2002

Criminal Investigative

Attn: VCMOS

Counter Terrorism

Attn: DTICPS
SC Tom Carey
SEMU

1

58

ITOS-I/II
SC Andrew Arena

_

b6 -1

SC Charles Frahm

b7C -1

From: Office of the General Counsel

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By: Steele Charles M
Drafted By~:_~I=======;-__

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Approved

Case 10

#1

Title:

I(Pending)

b7C -1

b2 - 3

CRIMES INVOLVING CIVIL AVIATION;
FBI INVESTIGATIVE JURISDICTION

Synops.is: To oroyjde a lenal oDjnion from the Office of the General CallOsel (oqC)

b5 -1. 2

JI-------------------J

concernlngl

Administrative: This document is a privileged FBI attorney

communication and may not be disseminated outside the FBI without
Also, to read the footnotes in this document, it
may be required to download and print the document in
WordPerfect.

aGe approval.
Details:

b5 -1,2

I

2

All INFORMATION CONTAINED
HERE~ I~NCLASSIFltD

DAle •

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\J3BY(lCI'~<01NLSI
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..

(Rev. O~-2~-2000)

FEDERAL BUREAU OF INVESTIGATION
To: Criminal Investigative From: Office of thA r,eneral Counsel

Rei

b2-3

r8/23/2002

f
f,

b5 -1,2

The TSA was created by the Aviation and Transportation Security Act of
2001 (ATSA) following the September 11, 2001 terrorist attacks and the resultant
conclusion that security at the Nation's airports needed to be improved. ATSA amends
various sections of Title 49 of the United States Code to assign responsibility to the
TSA to provide security for civil aviation and to conduct airport screening operations.

b5 -1,2
t

TSA Statutory Authority
ATSA created the TSA as an entity within the Department of
Transportation and designated an Under Secretary of Transportation for Security as the
responsible official in charge of the new agency.2 The Under Secretary's statutory
responsibilities that most pertain to the issue at hand include:
(1) Carrying out the provisions in Chapter 449 of Title 49 of the U.S. Code,
relating to civil aviation security, and related research and development activities;
(2) Airport screening operations; and

(3) Receiving, assessing, and distributing intelligence information related

b5 -1,2

~--""-I-

- -

lAt this writing, TSA is likely to become part of the proposed
Department of Homeland Security when legislation to that effect is assed
by the Congress and signed by the ~resident.

3

~~JUri~:~p:d. •.. ,.
----.....

b7C-1
--_._~_._~----~~~~-------------------,

b6 -1
(Rev. 08-28.20(0)

FEDERAL BUREAU OF INVESTIGATION
To: Criminal Investigative From: Office of the General Counsel
Re:
108/23/2002

I

b2 -3
to transportation security.
Chapter 449 of Title 49, entitled "Security," addresses all aspects of
aviation security, including: screening passengers and cargo; receiving and evaluating
threats to aviation; research and development of modem security systems and facilities;
and regulation of security of foreign carriers and foreign airports that serve passengers
bound for the U.S.
In addition, ATSA grants the Under Secretary permissive (as opposed to
mandatory) authority to designate federal law enforcement officers (LEOs) and
empowers these LEOs to exercise standard law enforcement powers when engaged in
"official duties of the Administration as required to fulfill the responsibilities under
[ATSAJ." These powers include authority to carry firearms, make arrests without warrant
for any federal offense committed in their presence or for which they have probable
cause, and seek and execute federal warrants for arrest or search and seizure of
evidence. ATSA also requires the Under Secretary to provide guidelines by which to
exercise these law enforcement powers in consultation with the Attorney General. The
proposed guidelines have been submitted to the Department of Justice for review.
Finally, ATSA continues the Federal Air Marshal (FAM) program (formerly
part of the Federal Aviation Administration) by authorizing the TSA to deploy FAMs
aboard aircraft for what are clearly reactive law enforcement functions.
FBI Statutory Authority
The FBI's general enabling statute, 28 U.S.C. § 533, grants the agency
the authority to investigate any violation of the criminal laws of the United States. As
noted previously, 28 U.S.C. § 538 specifically empowers the FBI to investigate the
primary crimes-aboard-aircraft violations in Title 49, which are set forth in Chapter 465,
entitled: ·Speclal Aircraft Jurisdiction of the United States." These include Section
46502, Aircraft piracy; Section 46504, Interference with flight crew members and
attendants; Section 46505, Carrying a weapon or explosive on an aircraft; Section
46505 which lists a variety of common-law crimes (e.g., murder, robbery) committed
within the special aircraft jurisdiction of the United States~ and Section 46507, False
information and threats. Finally, 28 U.S.C. § 538 also grants the FBI specific
investigative jurisdiction for the offense listed at 49 U.S.C. § 46314, Entering aircraft or
airport area in violation of security requirements.
The FBI's general investigative authority also includes the aviation-related

J The special aircraft jurisdiction of the United States is defined
in 18 U.S.C. § 7 (5) as any aircraft belonging in whole or 1n part to the
United States or any citizen or corporation thereof while fi·,C!-:. a i.:ccT.i\':t
is in flight over U.S. territory or over the high seas.

4

SUSSMAN-79

b7C -1
----._-----------

b6 -1

-----_.

__

._---

(Rev. 08-28-2000)

FEDERAL BUREAU OF INVESTIGATION
To: Criminal Investigative From: Office of the General Counsel

Re:1

I08/23/2002

b2 -3
authority for any offense for which a LEO is granted the power to arrest, then virtually
every federal LEO would have investiaative iurisdiction over everv federal felonv. s

b5 -1,2

Federal Air Marshals

The Federal Air Marshal (FAM) program is also part of the TSA's statutory
authority. FAMs, however, are primarily a reactive and a deterrent force whose
members are LEOs and are armed and placed on selected flights to react to in-flight
incidents of air piracy and other violent acts that threaten th i n '
the lives of those aboard.

b5 -1,2

Analysis

b5 -1,2

the lawful ability to react promptly and respond appropriately to a
report of emergent criminal activity without concern for jurisdictional
distinctions or civil liability.
6

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(Rev_ 08-28-2000)

FEDERAL BUREAU OF INVESTIGATION
To: criminallnvestiaajiVe From: Office of the General Counsel

Re:1

08/23/2002

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OGC is available to assist in these efforts and in any other capacity to
resolve l'UriSdictional issues with the TSA. Point of ~ontact at 0Ge is tssistant General
Investigative Law Unit, at
Counse

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Page 34 of 41

part 108 of title 14, Code of Federal Regulations. Not later than 18 months after the date of enactment of this Act, the
Secretary of Transportation shall conduct a review of reductions in unauthorized access at these airports.

'(2) Computer-assisted passenger prescreening system'(A) IN GENERAL- The Secretary of Transportation shall ensure that the Computer-Assisted Passenger
Prescreening System, or any successor system-'(i) is used to evaluate all passengers before they board an aircraft; and
'(ii) includes procedures to ensure that individuals selected by the system and their carry-on and checked
baggage are adequately screened.

'(B) MODIFICAnONS- The Secretary of Transportation may modify any requirement under the
Computer-Assisted Passenger Prescreening System for flights that originate and tenninate within the same State, if the
Secretary detennines that-'(i) the State has extraordinary air transportation needs or concerns due to its isolation and dependence on air
transportation; and
'(ii) the routine characteristics of passengers, given the nature of the market, regularly triggers primary selectee
status.'.
SEC. 137. RESEARCH AND DEVELOPMENT OF AVIAnON SECURITY TECHNOLOGY.
(a) FUNDING- To augment the programs authorized in section 44912(a)(I) of title 49, United States Code, there is
authorized to be appropriated an additional $50,000,000 for each of fiscal years 2002 through 2006 and such swns as are
necessary for each fiscal year thereafter to the Transportation Security Administration, for research, development" testing,
and evaluation of the following technologies which may enhance aviation security in the future. Grants to industry,
academia, and Government entities to carry out the provisions of this section shall be available for fiscal years 2002 and 2003
for-(l) the acceleration of research, development, testing, and evaluation of explosives detection technology for checked
baggage, specifically, technology that is-(A) more cost-effective for deployment for explosives detection in checked baggage at small- to medium-sized
airports, and is currently under development as part of the Argus research program at the Transportation Security
Administration;

(B) faster, to facilitate screening of all checked baggage at larger airports; or
(C) more accurate, to reduce the number offalse positives requiring additional security measures;
(2) acceleration of research, development, testing, and evaluation of Dew screening technology for carry-on items to
provide more effective means of detecting and identifying weapons, explosives, and components of weapons of mass
destruction, including advanced x-ray technology;
(3) acceleration of research, development, testing, and evaluation of threat screening technology for other categories of
items being loaded onto aircraft, including cargo, catering, and duty-free items;
(4) acceleration of research, development, testing, and evaluation of threats carried on persons boarding aircraft or
entering secure areas, including detection of weapons, explosives, and components of weapons of mass destruction;
(5) acceleration of research, development, testing and evaluation of integrated systems of airport security enhancement.
including quantitative methods of assessing security factors at airports selected for testing such systems;

(6) expansion of the existing program of research, development, testing, and evaluation of improved methods of
education, training, and testing of key airport security personnel; and
(7) acceleration of research, development, testing, and evaluation of aircraft hardening materials, and techniques to
reduce the vulnerability of aircraft to terrorist attack.
All INFORf,AAY'''' . '.• "
VI

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Date:
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L-..------Thu. Dec 12. 2002 2:20 PM
Re: No Fly List Issue

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ASAC Pisterzi writes of a situation which I've brou ht t
namel that we need t

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Domestic Terrorism Counterterrorism Planning Section
Counterterrorism Division
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OVERVIEW OF TERRORISM WATCH LISTS
Various federal government agencies maintain lists of individuals of investigative interest or
national security interest. These lists, as they pertain to terrorism matters, are often referred to as
"watch lists". The following are databases containing lists of individuals which have been commonly
referred to as "watch lists".

FBI
National Crime Information Center
Violent Gang and Terrorist Organization File
(VGTOF)

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The Terrorism Watch List

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Transportation Security Administration (TSA)
(No Fly and Selectee lists)

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TSA's No Fly list is designed to prevent terrorists who pose a threat to civil aviation
from boarding aircraft flying in U.S. airspace. Air carriers and/or local airport authorities are
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responsible for preventing a passenger on the No Fly list from boarding an aircraft, however, the
A Security Directivesll..-

(rlines are required by

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TSA's Selectee list consists of individuals
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Followin the screenin rocedures these individuals c us

Additions to the No Fly and Selectee lists are based on recommendations from the
U.S. Intelligence Community
Ithe FBI and CIA). Removals are bas~d on recommendations
from the originators of the information..

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DEPARTMENT OF STATE

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HANDLING CALLS TO THE TWL:

There are 3 main objectives when handling phone calls to the TWL:

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To Place an individual on the NO-Fly or Selectee Lists

All
Here is what I need to place an individual that is believed to be a threat to Civil Aviation Security on the
TSA No-Fly list or to place an individual who may possibly be a threat to Civil Aviation Security on the
Selectee list. An EC is probablv the best vehicle to do thisl
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1. All the bio info you can put together on this oerson. This will need to be at the Faua (for nffir.j:;tIIlSA

only) level, it goes to the airlines.

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list. If this person is placed on the NO-Fly list. he will not fly within the US, nor will he be able to fly out of
the US or from any airpo
Those placed on th,e Selectee list will b 7E - 1
receive additional screening before being allowed to board the aircraft.
HOPi that this is of assistance.

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No-Fly List Talking Points
Q.

What is the No-Fly list and who maintains it?

A.

The Federal Aviation Administration (FAA) had in place for a number of
years security directives that prohibited aircraft operators from
transporting persons who were either a potential or known threat to civil
aviation or national security. Immediately following the terrorist attacks of
September 11, 2001 , the FAA began adrni nistering a "watch list" or "NoFly List" for the Federal Bureau of Investigation (FBI). Individuals on the
FBI Watch List were prohibited from traveling in the United States.
In November 2001, with passage of the Aviation and Transportation
Security Act (ATSA), TSA assumed control of the No-Fly List. TSA
compiles the NO-Fly List based upon recommendations and information
from Federal government intelligence and law enforcement agencies.
Individuals on the No-Fly List pose, or are suspected of posing, a threat to
civil aviation or national security.

Q.

How many names are

A.

The No-Fly List is a routinely updated, dynamic list with names of
individuals being added or removed, based on information from Federal
government intelligence and law enforcement agencies. Any other
information pertaining to the list is considered Sensitive Security
Information and therefore will not be released to the public.

Q.

What are the criteria for getting on the list?

A.

The individuals pose, or are suspected of posing, a threat to civil aviation
or national security.

011

the No-Fly List?

'~.

1
These Talking Points are being created to answer questions from the public., media, and Congress. It is not,
however, to be copied and distributed to any public venue or distributed outside the govt. Any questions. please
contact TSA Public Affairs at 571-227-2749.

SUSSMAN-91

a.

Who can I talk to about finding out if my name is on the No-Fly list?

A.

For national security reasons, the No-Fly List is not available to the public.
The release of such information could endanger intelligence sources both
in this country and abroad. In addition, please note that the airlines will
not give a boarding pass to individuals who are on the No-Fly List.
Therefore, if you have a boarding pass, you are not on the No-Fly List.
For persons who are constantly delayed when trying to get a boarding
pass, TSA has developed protocols in the hopes of addressing this issue.
As such, the TSA Office of Ombudsman is available for questions or
concerns from individuals who believe they are being mistaken for
persons on the No-Fly List. The individual must submit a written request
describing what has happened in the past that leads him or her to seek
relief. Should circumstances warrant it, the Office of Ombudsman will
then send out a form requesting personal information. This information is
then compared against the No-Fly List. The individual will then receive a
reply from TSA stating either that TSA has taken appropriate action to
provide some relief or TSA does not, at this time, have information that
prohibits the individual from flying.
The entire process could take a few weeks.

a.

Every time I fly, I get flagged for additional screening, does this
mean that my name is on the No-Fly List?

A.

Those individuals who are identified on the No-Fly List are not permitted to
receive a boarding pass. Therefore, if you are issued a boarding pass,
you are not on the No-Fly List.

2
These Talking Points are being created to answer questions from the public, media. and Congress. It is not.
however, to be copied and distributed to any public venue or distributed outside the govt. Any questions, please
contact TSA Public A.tlairs at 571-227-2749.

SUSSMAN-92

There are several reasons why persons may be subjected to additional
screening. These could include: resolving alarms on either the
Magnetometer or X-Ray, random selection of passengers or being flagged
by a computer system known as CAPPS (Computer Assisted Passenger
Prescreening System). The CAPPS was developed by the airline industry
prior to September 11, 2001. The criteria used by CAPPS to flag a person
are considered Sensitive Security Information, and therefore, cannot be
released to the public.
.

TSA is currently developing protocols for a new CAPPS system, known as
CAPPS II. The purpose of CAPPS II is to: 1) authenticate identity and 2)
perform a risk assessment of airline passengers. It will dramatically
reduce the number of passengers required to undergo additional
screening at airports as "selectees."

Q.

The last time I flew, I saw an "S" on my boarding pass. Does this
mean that I am on a government watch list?

A.

Persons on the No-Fly List are not issued boarding passes by the airlines.
There are several reasons why persons could have an "S" on their
boarding pass and would be selected for additional screening at either the
checkpoint or the gate. Having an "S" on a boarding pass does not mean
that a person is on the "No-Fly List."
The "S" is placed on the ticket by the airlines and could mean that the
person was chosen at random or flagged by a computer system known as
CAPPS (Computer Assisted Passenger Prescreening System). This
system was developed by the airline industry in 1997. While it does not
use race, religion, or physical characteristic as criteria, what is used to flag
a person is considered Sensitive Security Information, and cannot be
released to the public.

3
These Talking Points are being created to answer questions from the public. media, and Congress. It is not.
however, to be copied and distributed to any public venue or distributed outside the govt. :tny questions. please
contact TSA Public Affairs at 571-227-2749.

SUSSMAN-93

-

Q.

The last several times I have flown, there has been a flurry of activity
at the ticket counter and calls are made to headquarters before I am
allowed to get a boarding pass. Does this mean I am on the No-Fly
List?

A.

The air carriers (or law enforcement officer) are required by TSA to
establish the identity of a person(s) whose name is the same as, or similar
to, a name on the No-Fly List. TSA hopes that passengers will
understand the importance of a secure transportation system and bring
their patience with them.
For persons who are constantly delayed when trying to get a boarding
pass, TSA has developed protocols in the hopes of addressing this issue.
As such, the TSA Office of Ombudsman is available for questions or
concerns from individuals who believe they are being mistaken for
persons on the No-Fly List. The individual must submit a written request
describing what has happened in the past that leads him or her to seek
.relief. Should circumstances warrant it, the Office of Ombudsman will
then send out a form requesting personal information. This information is
then compared against the No-Fly List. The individual will then receive a
reply from TSA stating either that TSA has taken appropriate action to
provide some relief or TSA does not, at this time, have information that
prohibits the individual1rom flying.
The entire process could take a few weeks.

Q.

Is it true that TSA has an additional list of peace activists and does
not allow them to fly?

A.

No one gets on the No-Fly List by being a peace activist nor does TSA
m~intain an additional list of peace activists.

Q.

Some critics have cla.imed that TSA has mismanaged the list by not
allowing innocent people to fly. What is TSA's response?

!./A.

TSA's first .·'8~,:)pons;~.Jiii{~( is ensuring the security of the traveling public.
TSA cannot and will not compromise that goal by allowing individuals who
pose a threat to civil aviation to fly. TSA rigorously attempts to minimize
4

These Talking Points are being created to answer questions from the public, media, and Congress. It is not,
howevel", to be copied and distl"ibuted to any public venue or distributed outside the gO\·t. Any questions, please
contact TSA Public Affairs at 571-227-2749.

SUSSMAI'J-94

-~

the dissemination of inaccurate information and to resolve any
discrepancy as quickly as possible so that persons who are not on the NoFly List can get to their destination with the knowledge that TSA has made
every effort to ensure their security.

Q.

Has TSA ever found an individual who was on the No-Fly List or
been' able to foil a terrorist attack?

A.

TSA will not release any details regarding the success of the program;
however, we can state that both the Secretary of Transportation and the
Secretary of the Department of Homeland Security are pleased with the
progress made by the program.

Q.

Does the No-Fly List apply to any other modes of transportation
such as Amtrak or cruise ships?

A.

The No-Fly List is one of the products generated from information
gathered by Federal government intelligence and law enforcement
agencies. I Threat and intelligence information may be shared regularly
with a range of government and industry partners in all modes of
transportation.

5
These Talking Points are being created to answer questions from the public, media, and Congress. It is not,
however, to be copied and distributed to any public venue or distributed outside the govt. Any questions, please
contact TSA Public Affairs at 571-227-2749.

SUSSMAN-95

f\QrnlmSlrau ve-veneral

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NO FLY list - Used to prevent persons from using commercial aviation who are deemed by the TSA to
tie--a threat to aviation, based on information received from various sources. Airport police are to
perform an initial 10 check and will hopefully eliminate the person as a match·1
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IAirport police will contact the FBI in
questionable cases.

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A few peo Ie have been removed from the list after the person convinced the FBI and the FBI b 7 E - 1
determined
hat they were not a threat to aviation. The passenger
may not fly un I e
removes elf name rom the list. The air carriers, not the FBI, prevent the
passenger from boarding the flight. The person can travel by other means, but not commercial air.
The TSA removes names from the Ii t
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5USSMAN-96

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flight boarding. These persons can use commercial air transportation - they need not be denied
boarding.

~esponsibilities of FBI office in HQ city of air carrier: I

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~S.'.~5~PONSETO TSA.~AME LISTS _ Message sent by email on 12/1912001

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There are two name lists for whl'ch t~~ FBI
no~ h:1ye to respond; instead of one - the "No Fly" list (threats to
_ _ _ The names are the same and some additional ones from b2 _ 4
aviation) and the "Selectee" list _ __
the previous TSA name lists, and ey con ,"-ue 0 originate from ather agencies.!
!from the FBI.
However, there are new procedures to reduce unnecessary FBI response. The FBI and the FAA coordinated b 7 E -1
these procedures based on feedback from the field about the utility of FBI res onse to ticket counters to identi
passengers when the lists now contain more identi in information

NEW PROCEDURES ~

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Domestic Terrorism Counterterrorism Planning Section
Counte~!..rrorismDivision

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_ THE W~ §TK~ET JOURNAL.

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Engineering the flow
01 communlc'lltion

April 22, 2003

SPECIAL PAGE

Why a 'No Fly List' Aimed
At Terrorists Delays Others

For conlinuing coverage. see War on

Terro~.

ByANN DAVIS
s,"rfll.florl~r

of THE \\'.... LL STREE.T JOllRNAl

JUNEAU, Alaska -- There are abollt 300 people world-wide the U.S. considers so dangerous to civil :l\'iation it has them on a

"No Fly List."
Larry Musarra, retired Coast Guard commander and rather of three. isn't one of them. A pilot and a\'id outdoorsman, he is
a local hero for his daring helicopter rescues of §tranded fbhermen and mourltainters. He now runs a visitor center
overlooking Juneau's §pectacular Mendenhall Glacier.
But Alaska Airlines' computers haven't figured that out. Its reservations system, designed by travel-software gianlSabre
Holdings Corp., nags Mr. Musarra wllenever he checks in, which is about cIRce a month, when he visits a
developmentally-disabled son in Oregon. At the ticket counter, Mr. Musarra has often watched tbe color drain from agents'
face$ as they read a warning that he might be on the terrorist watch list. After a criminal.background check, he eventually
geu to ny but faces extra luggage and body searches.
The No Fly List, quieti)' introduced after the Sept. 11 terror attacks, is designed to keep suspected violent types off airliners.
[t includes terrorism suspects thought to pose an imminent danger to flights. Some people who present a general threat to
air safety because of \'iolent behavior also make the list. The new Transportation Security Agency, orTSA, compiles names
from intelligence and law enforcement and sends the No Fly List to airlines. Their job is to see that nobody on the list gets
abo:Jrd.
NAME GAME

Renderings of an Arabic name using the Roman
alphabet vary by country -- a challenge for airlines
as they apply the No Fly List

HaJi Mohamed Uthman Il,bd AI Ragib

It sounds simple, but it's proving tricky to execute.
Many entries on the list lack details that could make it
easy to know if a traveler is really the person named.
And the TSA gives airlines little guidance on just
when a passenger's name is close enough to one on
the list to warrant flagging the person for a
law-enforcement check.

Iraq
Muhamad U!iman Abdel Raqeeb
Syria. Lebanon. Jordan
Haj Mohd Othman Abdul Rajeeb
Kuwail. Bahrain, Qatar, Saud; Arabia. Oman,
Yemen, United Arab Emirates
Hag Muhammad Osman Abdurra' ib
EgvQ'.. 3!Jd211

The result is that carriers are checking the No Fly List
a multitude of ways and coming up with vexing
numbers of false positives" -- innocent passengers
subjected again and again to law-enforcement
reviews. The flagging of some fliers who were
political activists has even led to suspicions the
govemm;,:nt was grilling rhem beC1l!Se of their <:icws.
II

l!;~; Imhemd
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~.i~v2,

Otmane Abderaqib
r'Jnisi.d, Morocco. A.lgeria, Mauri\ania

These inconvemences may seem like a small price to
pay if the system Improves security. But the Federal
Bureau of Investigatlon, which contributes to the No
Fly List, says the \lst has helped catch very few terrorism suspects. While that might simply be
because the terrorists haven't tried to fly lately, linguistics expens say that if they did -- and
S·otJ,-r.e: Language Analysis Systems

All INFORMATION CONTAINED
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particularly if they had Arabic names -- it's far from certain that cnrrent methods would flag them.
One reason: In checking passengers against the No Fly List. some airlines use techniques that were
designed lkcadcs ago, and for an entirely dillercnt task~ to kt agents lind passenger record:;
quickly witbout baving a full name or a name's precise spelling.
These "name matching" systems also help airlines spot abusive bookings, in which travelers
reserve a bunch of flights under slightly varying names. The idea is to cast a wide net. But when
applied to a watch list, they have the perverse effect of flagging nUll1erous travelers whose names
are merely similar to one of those on the list.
One name-matching technique that airlines have used, called Soundex, dates back more than 100
years, to when it was invented to analyze names from the 1890 census. In its simplest foml, it
takes a name, strips out vowels and assigns codes to somewhat-similar-sounding consonants, such
as "e" and "z."
The result can be bizarre. Hencke and Hamza, for examp Ie, [lave the same code, HS20. If there's a
Hamza on the No Fly List, a traveler named Hencke could be pulled aside for a background check
before being allowed to board.
A 40-year-old method designed specifically for airlines does something
similar, stripping names down to consonants and pulling up names that have
the same consonants in the same order. A third technique sometimes used by
airlines hunts for matches based on the first few letters of surnames.
Hence Mr. Musarra's troubles in Juneau. In an algorithm used by Sabre,
whose software runs Alaska Airlines' reservations system and many others,
"Musarra" appears to pop up as a match for any name starting with "Mus." A
fair number of names from the Mideast and Central Asia begin that way,
including at least one on the No Fly List.

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passengers against the list is impossible to know. They won't identify their
Larry Musarra
fonnulas, and the government doesn't want them to. But some current and fonner industry
executives say most airlines -- while making periodic refinements, including since Sept. 11 -- still
use roughly the same name-matching tools as they have for decades.
Why not just match names precisely, and'question only people whose names exactly fit an entry on
the No Fly List? That wouldn't do, either. Many people's names have a number of variations, such
as William or Bill. Many are spelled either with a middle initial or without one. And non-Western
names can be rendered in the Roman alphabet in a host of ways.

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A name written as "Haj Imhemed Otmane Abderaqib" in Algeria might be "Hajj Mohamed
Uthman Abd al Ragib" in Iraq, and as "Hag Muhammad Osman Abdurra'ib" in Sudan, according
ili LJ!!guJ.);·;· .Li:aL·.si~~ Systems Inc.. 'l H'~m<k,:;, Va.. c'.mpal:y :11<.1; does namc-an:.:dy:;is '.\'IJrk for
many federal agencies.
One wanteclterronsm ~l\5pect, Adnan G. EI Shukrijumah, uses ii'v'e aliases. The six names can be
translated J total i:lf more than 500 ways, says Language Analysis Systems. The firm adds that
foreign words can also be mistaken for first or last names. such as "EfTendi," which is an honorifl,c
for "Sir" or "Mister" in some Mideastern languages.

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a 'No Fly List' Aimed At Terrorists Delays Others

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Another quirk of airlines' systems is that groups that purchase their tickets together end up in a
single travel record. I f one member triggers a hit on the watch list. computers lock lip on them all.
A year ago in Milwaukee, Midwest Express pulled aside \9 members of a group called Peace
Action Wisconsin headed to Washington for a "teach-in" about U.S. military involvement in
Colombia. The group, which included a nun and a grandmother, had to wait for sheriffs deputies
to run immigration and FBI background checks, according to records of the incident. The delay
caused them to miss their event.
Four months later in San Francisco, Jan Adams and Rebecca Gordon, co-founders ofan antiwar
newsletter called War Times, were pulled aside for police questioning when they arrived at the
ATAAirlines counter. An FBI search turned up nothing, and tbe women, both in their fifties, were
allowed to fly.
In both cases, the groups were told they had matched the No Fly List. But these incidents and
others fed the notion among activists that the government was targeting them. "When is a nun
considered too dangerous to get on board a plane? When she's a peace activist," said one of
numerous critiques, this one in the newspaper Socialist Worker.
But three months after the Milwaukee incident, a report by the county sheriffs office said the
incident was due to use of Soundex in Midwest Express's reservations system, which uses Sabre
software. A security official for the airline says that a group member with the last name of "Laden"
might have helped trip up the group.
As for Jan Adams in San Francisco, she was one of a number of Adamses with the first initial J
who were stopped last year. They included 23-year-old Jarrett Adams on June 5, 55-year-old John
Adams and his wife on June 16, and 34-year-old John Christian Adams, who complained to the
TSA last July.
The apparent trigger: A Joseph Adams on the No Fly List, whose entry gives little data besides a
birth date. Officials at ATA, the airline Ms. Adams flew, and some other carriers say they are
frustrated that the watch list doesn't have better data to eliminate mismatches.
One needn't be an activist to get caught in this web. Last April, two San
Francisco lirport police officers cornered David L Nelson, a 56-year-old
bank executive, as he checked in at ALaska Airlines. "They had hands on
their guns. They asked was I an American citizen and who am I," Mr.
Nelson says. After a half-hour of questions and database checks, they
cleared him. He says his son, named David C. Nelson, also has been stopped
as a No Fly List match.
At Oakland International Airport, Police Sgt; Larry Krupp says he has
cleared so many 11U1ocent "David Nelsons" to board that one of them ne\\'
buys hUll ·.;otTee rhere!s a ttCllne very Similar to iheirs (,;;t t~~e No ;;~.y List.
F'Jr ~very ;.:heck, Sgt. Krupp ;nust thumb through an 86-page,
nonalphabetized list of illtmes. "The vast majority of times we go there, they're not.even on the
list," he says. Sgt. Krupp says he has had only one true match, a man he describes as an Afghan
drug dealer.

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WSJ.com - Why a 'No Fly List' Aimed At Terrorists Delays Others

wyslwyg:/I 17/http://online.wsj.comiartic:le_printlO,,SB I0509592886)05 1300,OO.hl

Newer methods exist, which take into account names' cultural origins in order to come up with
more-relevant name variations. Some government agencies are starting to use them. But travel
consultants say hard-pressed airlines have been reluctant to spend money to improve a screening
function they believe should be done by the government -. and that the TSA has said it eventually
will assume. Airlines would rather leave it to the government to rule a passenger in or out. No Fly
List entries can include subjective notations like "is sickly with asthma, uses a lot of hand
gestures," as one did on a recent copy of the list reviewed by The Wall Street Journal.
A wlde variety of reservations systems have their genesis in the Sabre system. which
International Business Machines Corp. designed for American Airlines in the 1960s. IBM later
built similar systems for other airlines.
Lightning fast in basic reservations chores, the mainframe-based systems are less well suited for
other tasks, such as clearing a frequent traveler to fly once and for all. In most airline systems, the
No Fly checks are set up in such a way that the computer treats each passenger as a brand new
name, even ifhe or she has flown recently and was cleared in another flight record.
The TSA is considering a way to put fliers who've repeatedly been mistakenly flagged on a "Fly
List." But even if this proved technically feasible, security officials at airlines and the TSA would
still have the challenge of making sure they weren't vulnerable to letting a dangerous person of the
same name slip through.
Records obtained in a Freedom of Information Act suit brought by the Electronic Privacy
Information Center show that the TSA has received complaints from mistakenly flagged customers
of all major carriers, which use a variety 0 f software to process passengers.
One reservation system used by several airlines, Shares, uses "the same type oflname] matching
that has gone on for lO to 15 years .- actually longer," says Michael Hulley, an executive of Shares
owner Electronic Data Systems Corp. He will identify only one method Shares uses: matching
the first few letters of a name.
Another competitor of Sabre, Galileo, says it looks for exact matches on names or strings of
letters. But Galileo officials try to spot No Fly List matches in advance of a flight and pre-clear
passengers who clearly aren't the person on the list, says Chuck Barnhart, an official of Galileo.
Sabre \.Ven't disclcs\: its current name-matching methods, but a spokeswoman, Kathryn Hayden,
says: "Algorithms are not static -- they change, they are updated." Sabre says different airlines can
use its software in different ways. "It's up to each airline to determine how they implement the
government requirements for the No Fly Lists," Ms. Hayden says.
One carrier that uses Sabre software, Alaska Airlines, has more than its share of false No Fly List
matches, judging by the records obtained by the Electronic Privacy Information Center. Of 34
complaints to the TSA where the airline was identified. 11 cited Alaska. Ms. Hayden says such
!ll~,~d'Jt:o.I.~"ide~lce~oe5n't proVf~ ')abre's soft'Nare ",:al":f~~: ~\ gre2.tE~· numher of false hits_"
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3arbara ;lOt.! Dennis Musante. a California cuuple. took the:!" c.omplaint up the Alaska Airlines
chain of '::-Ol11Inand after being delayed tWIce. Ms. Musantt says an airline supervisor finaily told
her the first foul' [ett~rs ofthelr last namt:: malcheJ a suspect. though they ~hemselves weren't on
the list. The TSA canfinned they weren't. lr.. a letter, the TSA add ell . i;:". n '_.; , ·;~w. '~he benefits
of such measures tar outweigh the inconvenience."

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Mr. Musarra, the Alaska man who has faced many delays, has tried everything he can think of to
clear his name once and for all. He got Sen. Ted Stevens to contact the FBI. He told local TSA
people of how their boss in Wasl1ington, retired Admiral James Loy, once honored him for his
work 011 an oil-spill cleanup exercise.
For his monthly flights, Mr. Musarra has developed a routine: Try to check via the lntemet the
night before the flight; get rejected. Arrive at the airport hours early, go to the self-,serve kiosk; get
rejected again. Go to the counter, wait while an agent calls a supervisor, wait more while officials
take his 1.0. to a back room to phone security officials.
Invariably cleared, he boards, but the clearance lasts just through the end of his round trip. Often
he is bringing his son Tim home for a visit. Tim Musarra, 12, also sets off No Fly List alarms.
A college-age son, Aren, has the same problems, Mr. Musarra says.
Then there's Mr. Musarra's adopted son, Jonathan Paul Sung Ho Musarra, 15. A high-school
wrestler, "Sungie" is the reason his teammates have to get up at 3 or 4 a.m. for morning flights to
their meets. Because they buy group tickets, the 20-plus wrestlers, chaperones and coaches show
up on the computer screen as No Fly List hits.
A spokesman for Alaska Airlines, Lou Cancelmi, says, "All of these false positive issues concern
us greatly. We're absolutely committed to working toward mitigating all ofthem to the maximum
extent possible." Recently, the airline began having employees scrutinize alanns generated by its
computers in advance of flights, in hopes of clearing misflagged passengers.
That seemed to help Mr. Musarra on his last flight. The computer still flagged him; he found
himself unable to check in via the Web. An error message told him he needed manual assistance.
But when he got to the airport this time, Mr. Musarra received a boarding pass without the security
revIew.
The TSA has been trying to get the message to airlines that they should focus on matches of full
nanles, not just the last name, says James R. Owen, a TSA official in Juneau. Longer term, the
agency is working on an advanced passenger pre-screening system known by the acronym of
CAPPS II.
rt will scour not only watch lists such as No Fly but also criminal records, credit-card transactions
and identifiers such as address and date of birth to detect suspicious patterns, The TSA envisions it
as "dramatically reducing" the number of people flagged. Privacy and civil-liberties advocates fear
just the opposite -- that the increased ways to attract suspicion will result in even more passengers
being wrongly tagged.
Write to Ann Davis at al1ll.davis@wsj.colll l
URL for this article:
http://orlline.ws.i.com!artid~IO
.. SB105095928863051300.OO.htm I

Hyperlinks in this Article:
(1 ) m~l!lfJ·3nn:davls,q)w~: ..:orn
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Updated April 22, ]003

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Date:
Subject:

Fri, Feb 28, 2003 10:40 AM
TSA Lists

I thought it might be useful to ex lain a little further wh t

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Inclusion on the Selectee list means someon~
be given secondary
screening, that is, an extra search of their pers6o~n-::a~n':l'd"l::b"=lelr::o=-ng:::'!i~ng:::s~."iI-;::b~err:lie::'v:::e"'iithis usually happens after the
TSA screening at the metal detector.
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One issue with the Selectee list which has caused confusion is that the same or similar secondary
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screening can happen based on a program TSA runs calied CAPPS (I believe this stands for Computer
Aided Passenger Program Screening). CAPPS criteria are confidential but involve things passengers
might do which also might be things a terrorist would do, e.g., pray to Allah right before the flight that you
might have 90 virgins in heaven. Also, the same or similar screening can happen based on random
selection ( the searches at the gate of 79 year old grandmothers).
So, passengers' names pop up in the airlines' computers for searches and screenings at airpo(ts and
sometimes the passengers or even law enforcement officers think the passengers are on the "Watch List".
Often. the passenger is being selected for an extra search for reasons other than the Selectee list.

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All INFORMATION COmA1NED

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Tue. Jan 28, 2003 3:53 PM
Ann Davis Questions

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II ran all the names provided by Ann Davis through the TSA listsI and VGTOFfTWL.1"'----_ _

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4) As far as inclusion and removal from the TSA lists.!

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5) As we discussed earlier,

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Alia Kat'!, ~ixteen. d "i~h school student in Mllwauv.p'fI, wdllLed to qo to W:ashlngton. OC. fnr the u,u[~sts
S~turdav. Apnl 20 .I:\hfoo waS 100kinQ forw3rd to I1QmMst'r:\T'lny csgalnst: tl\e Sc:ftool of the A"'(In..:.~ and
learning how to IObD)' C1!Fun"L U.S. aid for Co\ombia.
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Melthpr dbJ Inany other Wi~tl)nsin ac::ti\ltsts wtU'I were sU\luosed to be on boare!. 'l/lllwaUl(pp. County sherIff's
deputlc!s ,,"I1P-C3 asldt! dud QucstlOf'(:d twenty ot the ttll:Ty-,,~v':ll memberS of the Pa~ce Action Milwaukee
group-Indudlng ~ pnest "nu a "un. The t~...,eler5 were Mr rlp.itrw ill tIme for ~kcl)f'f and h~d [0 ,pave thl!
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What tripped them up wa~ 3 (omf'lutt:1 iLed "No rly W3tc::t'I List- the f~t1f"r~' gUOft:mment now ~upplies to all
the aIrline" The:: cxl!:tencQ of thIs N('I .=/, l!:Il \"f~S conflrmed by mCtmbers of t"P. r",ltwauk~ County ~hcriff'==
Dt:lIaftment, the FBI, the U.S. r"ars."t'lc, MIQWest eXLJr~5S. th~ I~e\" Vork Port AucnClflr.", allY the Oc.oortmcnt
(If TriS,tlloUIlIUtlon. The 3irflnC!s today are r~t'fllirl!a tD crun-,h~ck their p\l!l~enger 11m 1!]4!ln"f Utili. No FlY'

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go"c:rnment ana IE prolllr1Pd fa. eyel"one who "ie" U ~ays ~QI'9!ant Chllr:k COUQhll/\ of the MHwaukt4t
sh~r\ff's dep3ftment. ", he comrlllflf' d,(:ck$·for cxact m3t,he~, ,Imilar ~~llIn9!:, and lflidSoC!S."

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h~.m in &lle~c severol month!;, and it'r r.l1~trn:lIIrp!d to all dlnJIIIt$. It's the rc;pQn~lbllltv of ~os, whn hd'l~
S'~('ur1tv cJulll;S at the aIrport to check thllt lin J!PllnU passen~l!' \llanffe~t'. Wh(.n ~ml!OnQ" n3mq l:ums
lip nn r"e Watch U:al, Ule sheriff or the M~r!:hal~ Co an 1""l?'~r'9i1'tllm, Gild we1rc notified."

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1M. He referred 311 qUQstlons to the: Trlln3Po!'t;)tiol\ SecurIty MlTIltll:lotcation (T~A), a' new wing of rll@
Op.,""rllllent of TrOln:portal101'1,

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law on November 19. ",'!rtltl coverillJt: focused on fllder3l1Z1ng ell.. o;lll.ulitv personnel'at airportc. BI.1t nlht:l
aSllect!l of tnc law receivl!t1 klfl& scrulhlY. Tl1i, la... c::tabli'hlK a Mill Jl0sllioll. the Undcr Secrotary OT
TranSDQllcltlon for ~~C\Jrlty,:aM lIut~ til", 1I"15C1n in dlilr9~ of alrtlnl!! !:I!Cl,Irttv. Today, tl'le Under Socreury nf
I ranspnrrifLlulJ (or Security I!: John VJ M~;l.w. whu ~rC"iou~IV !:r:r/od a, dlrl!(1'l1r or the Sl:<.l-et ServIce: :»nd
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pa5'Qnger U~~ whu may be e threot to civil aviar.ll;ln ~n(1, SUUI an IndlvlduOlII:: Il1entlrlld, to nnl1fy
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thDt ·coml'utecs will "reel' p;\~I;l!noe~..' alld "the new :x:tunty sy;te'm will hl! rubust lind redundant,"
DennIs KULiu;':h. Democrat of 01110, IS; OIJtr~,r1 alluur the: tref)tmc:nt of tile MIIWaulcll'p.lIo.i~'St$.'DatabOl::e~
a"'" n!'lnll orgllllitti:d, Including the flanlGI: of totllly fl1llUll,nt 'ndll"ldu;)l~ who l/'Cl being fLrhJAct to aUQlloo
buoCl on [nelr 1'I""L1l.dl ...lew"ln 01 democracy, that I~ nnr <t(;Leateble," he s:lV:;. Kudnr,". ttle ",nltlng
Demllc:rat on a nar.tnn;!) s~r..u ..lty 5ubeommlttce, VOINC to In\l~crtgare. hI lokr: tills \rcry ,erloul:ly,~ hi ,av~,

Senator Ruz Feingold. O'.!mnr~r..l iJ( WI:st:O"~ln, ~I!;o ll: c:oncomer.l. ", Il,an to a~k Fe1 Dlree:tor l\obelt !"uollor
about the erc:)tlol\ and imllll!!m~nr.nllln of lhc so-colled No Fly lI!lu,· Fcllngola say!lO. on ili Import.."t th3t
l>etuJity meuur~~ do not un4uIV Infnngl! on Dllr Livilllbertiell."
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In ene case tlr U,,: lo1l1waukee 3ttlvll:~, about five nr ~Il( illljivld\lDI~ alm': up on rhowiltcn liSt," Sergeant
C"u!Jlllln Sill'S, ·AILllvllqfl it WIU time-consuming, l!lrl" ?llthnul/l, th~y ...,ere flight·· delayed, tile ~~rp.m
actuallV lIOork!!C1 "
"

'~ith lle3CI ACtiOn. Hpnlrlt I,. tile pel'5on wno org3nized tho trip, "\N~ were very u~~et," shc '0"".
"!'tere we were, going out to IObbV. to II~" Uur "'~mOtrlltlC: ri!lh~, to tall-. to our 1e!J'sl"rnl'5. to usC! OUI'
r..:-:dom 01 :llleeclt 3nd dl::sel1t. and men "VII'"" Oe/ng dl!lGjl1etJ a",d not told why. WQlNllI'e Cakln!) VnulIlI
l'f',Qple and tl!lIillLt them if yOIl usc lT1Cans lI\at are nt.lllulnlpnL 1/11'" peaceful, vour mc!:~gl INIII bo 1\@i1rrt I'lul
tl\... flla (nat WI! Wt:IC hampered. that we ",ere dotalned.
]USLI/ lut/lrlIY dlHerer>t me=!:~ge." ,

A lIoluntel:f

w"..

Henke CloeS:II'C Dlamp. rhl! ,.hellffs
gc~t1n9 tnl an;wers tI1ev \"";tnLI!CI

It was ne"c:r nl3de clear to herellllrtly wily Uu:v were beIng det3lned.

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dellutles.:"They werl \ICIlY symplItht>rlr.lu Ufo, but they lust weren't
rlom the ot"er Irnd of the tlllep"one,· sill!' UY!:.

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'We wcr~ qetting all these cmrorent

"1:'' ' 0; from lollc: dolputies, One po=bllity W:Ie
that" UWtoI (ImlVtrsltv or
tcrrDfl~t's nama [U$lIlT\Cll1ln

WiiGOn:oln-,.,ilw8ukc:c:! !;tuclent l1ad ,name ,1ll1'nl) laden, trllll wiJS $/milor fO

il

l/ttlrmJ, "'.~" another 9b1lIY W3~ that comeone 11M .. foreign lIaml: that was c"llnged to m,k. It sound mol".!
Amp.nr.llll. Alia I(ii\~ ... hoJ u5ed to be "liOJ TOl"3bian, IiGf father W>lo; PerSidll ".. IrDnian.l've known her all mv
lIte,· 5aY:i HenltP, who luuk~ Uo Kate" !'lumber In an old MontesSl)rt flhBnl! l.Iuo:.k.

"1 was one of me nr'OI Ill!UlIle in our- qrOUp to ttY 10 c:heelr. lI'," says K;l\rC'!. "Wllel' 1 _nt uo to get my
bo3rdl"~ pas;" U1e "('IV ~ltllhl:lC:: were some :aroblc:",~, Sh& £ald her COmllllrer lOcked \III "'ld $he hlld to
wOlt for ~meQn. elCe, ,A ltd I rnuIIll uu[ thDt tne .omc:on:: clse ",u one 0' tn,. 'i;fll'flfl" 5 deauUa on dutv. And

http://global.factlvaxrJrnje n/arc:h/displ<JY .a!ip

1//103

SUSSMAN-107

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14:48

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IIJALL STREET JOURt'IAL

212 274 7'3'34

P.06

~"~Iirrs dCllutv ~:I,,"e ana totEf m~ TII.IIJ t.. grab m', D3!JS and followl'U>r ror furLller C1~3tIoning.

'I was: a (lUll:: $.:ll.. ~d. E\'Oil':; :I little ,on"J~,,(l t <1lulI'C \cno...

\'fh~t It ....as about. ll!la,~ alonl' 1I1lU \"IllS token to
, tlUlldlnlJ n""rtl\l, Th~., SIlt me do.....n in a e!\alr, ;l\nlll just wllited for "!'tean ortllleru:y mlnuteli, TI,,~'( hillS
my drlvllr'$ IIc@n<:p. llll':V its"'cd me \"Ih3t my P"OM nlll11Der WC!) <It'd Dddrells Y/I~ J tUl11'll rn.m milking
phone Colli" ri1dinIJ nff' ':ome lilurr UI1 mf \,cen::;c, Then tne" ~~k"P<1 lilt: whot mv n<ltJonality wu,

'I sold I'm

~all

Persliln and luli.an

·'TII.:Y' asked wt11J

Y/;)::

all1~

"

Gl:/ll1an,

Persian, my rnn,n~r or my rathel',

.:.....

"I ~11I. mv ("ther. mv blologlc:l1 'atJHIr, I C!/)n'r pven lentlw hlrn.
,
1'1 told thQm 1 IN as

°They o1::l\ed me If I \III!: trRm around 'I~II!:,

"I sold yes,"
'Tlluugl, O(1e of the :ihcrlff's d'W\Jt.ies SaI(I "IT was JU,~ ~ IIlUUne procedure," Kat. says Ull!Y 9itll11: h\!lf Se-<ere'
dU'I'Pl'!Inl t:~otllnDtian, for wh3t lNac 11Ippenln!! '(My salrJ IL mlqht hove to do witn IncreueQ ~,"rurlly in tile:
Wasnln~rnn, O.C.. ilU:O, Clr It ml9ht have: to do wltn .Ftllllnp,<:lan It:rrOI15b.'' she rcc,,\l~,

.'.

,"

She cays therl! !TI~y "~ve bet;!ll olllliement of raci:ll profiling lnvolv~, l:llU, "I ~ue,' we're 1001<lng for
11l,penic ni2me~,,' one of the tll'f'IIr1\!1li lillld, according to K3te. She CU~PIlC1:~ tht!'f thought her first n3m. waG
HispaniC. and ~he ~VS tnn tI'IIl) <>tl\pr-; c1t!lClille<l ell"" Oil, f'Ql1uel Sallthe:z antll(~Dlllla HOr(lill~. may hIve
lH::C:1I selected for the,r namK. 'M eMrll'f.. d>I\JGll:1l1tnt denIes ~ deputy m~de tnac l'nmment ablJul
Hbp"'lic.s. "That dId not'h:lPflen," saye Oepllt.y In!':peaor S"ell"'~ Weber, "f believe tho lleputle!; (l1"n'l 1t!~"'1

s<,y "nv u r Ulis stuff."

FlnallV, tMv "'",Iked Kat~ Ilolk to the ticket cCJunter, but the compll,,,r flULe Ill) 11981n, so Kate and lOanttleZ
and Hornin" we~ rl\I/, I'D go sIt thJWl1 ilnd wOit 101 the cleputl~ to dellvttr T11ti!1r l:J<iaro1nl;l OIllSseS.
"They 93"~ us

bo;JtOI"!J roa~~I!S, Y/f\Il,./, hod a bQld·'eced S wlt" IItlHI OIEter1SkS" !)r1 hUlh ~des, circled wIth
Munr ttl"l "'''1:11 ... e v<ent to the g:lte our carry-on D~'J~ wl:IulJ ha'le to be
nllmJ-Seal'd1ed Ol\cl they'd h:lve to walld uS,'
OUI

ai' Il1k marker,·

K~te: ~a'lE, -Ttl'S:

lIur J:ttA III!I/uli.::> [l;Iolc so

much time: gQing ttlrougt'l trill wllnl"! \/IUUP thllt not eltllryone ... 011: rll<ldy

00 by

tJ)

b:S5.
MldwKC t:::l'..,r~s " ..Id lilt! Riwhc I';pr 01 long i1:l it could but
:1l:t;lv'Cf$.

ttl." lett,

~Imn~t emplV, IOfllJluul most

onhc

"I w,,:; :;hoclt~: Kat. nYl:. "l ~n\lll\n'[ Otllevl! wlcCl~ .. a$ happening, tflOit they coutO aealn IJS Inn9 1lllUUllh
for US to mise cur flight III an apparent "'tp.mpt to kl:lO\I u~ ill Mil....aukee. It ''':Ill !:Crt or Mcr.:.II'ttW·- ~tylP.- lIlI:!
wo'! Ultt have the r'tDI11CS apPc::lrlr'9 on a lIit aM r.:arIJPI'ln9 a:llaill lleople. dluenter= C!:pecially, L fele mv
rtghts hilt! "el:I' vlolotcd,"
Jlc:ob Uden, With rhl' u"rUllulllte Jnt nome, say:: tie'!: f1o",n cwo other om!;'!; s1"L~ StDCe/Tlber 11 "nd
nevlr tlaCl trQIlDI@ Ann ny tltl! lillIe: iI~ started to thc:ck in, other momberc or tn.. !Jmup wer! .,reo"., being
detained. So roe ~O'i!sn't N'llfIVt! hl~ IIdllle tl1pocd the tri§9Cl', though ho r~Vr lie 'wn!11l1 nave srav\!d
bcl11nd" if tie thought it WOllltl havp. Deen a or'JLJIt:",. lie b::liC"/es "our whole group \'lias: bel"!] ,:,,"tP,gorILt:1.I a;
iI thrcilt."

..' '. i ~

:Olster Vi!'9ine l.awin••r 01 th& RJ(lnp IJt'lmlnlClInli w,,~ "Is" l1<:t~incd. "When I lOIent thrOI/S1" e"~ IInp, the
ld"'~ at the ticket counter ::ald, . I'm corry, you n~vp m wd. d minute,' ond ltten the ::herift'c deputY elllTll'
and lU<Jk 11le Ind some othcr~ to 3n office,· the fays "All rht!v oslce,j US at that point was Qur b'~plllt;e
<lntt ""h'/ lhe;::: .,ere just rol/tlne: checkl;. Thev cald our "'Im.. ~ WArp. naQ\led.lltol:'s the rC1I1 strangc thing:
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1/7/03

5U55MAN-I08

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JAN-08-2003

14:48
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Ii/All STREET JOIJRNRl

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S\l;ter Vlrvl"c 58'!'S sne', up::c:t aboIJC ,·to51f1~ lin tlllLile dD~ of Intcm::e &ducation
And tne ~IIVS h~1 "right to dl3sent" was IMm"!!'.!" "rnl1
F~t"er

Bill i!renfliln nf Sl. Patrick's O1urch in

Mil'Na'J~~'! ill~n mlssl!l.llliS

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me ISSue ur Colombie.·

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flight, "No one was cnargeo 1Nnh "

crime or thrut of it trlmp," l\1! says. 'No one ~/O$ ~d ... l~e<I or tllf or hp.r "Ivilrlghb. My per.:otl3l1 ruction IS
fellr of the .1I'bilrary IJl:e or pl}wp.r tnls lnvlJel't ~CCl'5. Some.,,,e In was","gtDIt has tile Dower to Inspect ~
passl!rn.ael /1st drawtl up in Wiscon,,", 1]15(nv~1 lite motivc or our flight (nilmeIV." [ll!dLe orotest a90 1n!X
what !J(I,... uri <:It fort Denning, Georljl3, partlr.utMy dll it «~ ColombIa), decida whtl mIght pD)~iblv be
SUr)llertM!~. ~nd Slull our tolceoif."

Sarlh aacj(u£, 1 r.l)nrl1lnator rut 50,\ rs.:nool of th~ II.m8n<:I;1 W"trn WI3"onsln, ~.VS sh~ Will' told bV onp n(
til.:. ~tlcn'" deputies: 'YIltI're prob"tll,. b~ll'Ig 3topped becausQ you 3rl? " puc.e group end you're protll:ting

"

dQalnst your C::OUl'\try.'
l'Idc:kII:. loter osked the l:I\eritf, Oavllj (IiIlYP. duuut this. end ttc: denIed t/'lll:' was fM reason ror IJ,.:
1l@1;Pnl'nus, shes".,s.

"I t:ympatnllP wllh Lhase

,,~oole." Save

Weber. "I'm tllrP rMV belll:lYI: tl,ev \Ilcre singled out. 1 trulv 4" nnr

,,"

tJelieyG they wer@."
Elllckus elso wCf't to tn. MidweSt l:'rp~) I.i'k~ d~k to find OlJt ",hat
\'()IT\PUtcr, ilf'cl the: Inmes arne uP. snp ~;I"~ .I,,~ '/'IllS told.

was

gOlfUJ on. "T1J~ nam~ ere in tile

lIsa Bdlle.... a sllokeSll~o" for Ml(lwut t:lo!prp<:~. sa~, "As the' qroup checked In, aile ot tnp. passenll~r)
sMwRd UII till this li3t. At th~t point, tho airlil'e !1M rna TSA r~" .SfIoi MllwQukee County shenffs'. The T'iA
mad~ ttl" IlIlCISlon mdt :olnc~ this ",eS;l group. we Ohould rQSCfp.p.n ..II u( tl1em.· Mldwc:::;t Elcprecc lither
found hotlllS tnr rnose who llli:osed their fllghb or provldOo tr3lnSpllrl:;\t1all lu:....'e.
DQlIeV S3y~ that SCfUftlng tt11l nilmp.s "uaills( the: list 19 st::lndard apllralSn9 PTl)rPJ1lJ~. "Everyonc who

tnvels

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d~::Ircll

througn

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'The II$T ... a t:ulllllllatlon from Intelligence aglnclti: aM Is <:Mred wIth LI,~ ahllnes." say' 1"00ul Turk, OJ
Gpokes:pe rsol1 Inr me TSA. "Dul CIS to how yo 1.1 get 01\ It, or how It's malnrlll"l!<!. 0.. Who molntalns it, I can't
help you witrl t!'at.'
Turk "dd~ th3t hE! dOQ'r'l't know nClW l~rYI: lIl:!: list Is. '~nd If I did, I couldn't teU YOll."

Hatthcw Il.othschild ll: Editor Of \ ne "rt.l!)r~;"IIIM.
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NootJ'l /\merlcan Ccy"tries

ll.NnP.l1 tf.!rtH

I1,,,1dd Scates
11idwe:::rt u.~.

Oon'.:;tic FolllicG

1.ll"il"" srates • Wlsconsh'

1'()litiC3I/G~II'"af

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1/7/03

SUSSMAN-lOg

14:51

I.JALL STREET JOURt,lAL

212 274 7994

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FnI~-10lICt/l"clexin9 I S"'io-.! S~:lrrl1~S I COl'llli'lIIr S':'"eenlng I Qu:lt~c

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All Riuht;i Rc,ervcd,

)lIKFA.LJ (API· Larry Ml&a~rMl'~ trouble wlrh rhl! "151 beQlln In 'lite June, when '(hI'! reOred Cuast G"IIr4
II\!\JtI)Mnt cocllInanl1er. hIs wife: Unne ;lnd melr Li·yea/"oltl :lion Tim checkcd In at ttll! JlIM'Ili AlIllolt.

ThCl'(

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<:In rh~1r Wd)'

to Pol'tlond, Ore., where TlrI. who Is dl~41J1~. would ottcnd

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At the Alal:lGI '-Irllnfl'!l: Alectronl<: tJ,t!ck-in Ido,k, MUl!l3l'r~ tyPQ<1ln hIs ~ul)flrmatlol'l tode an<l tn. machlnl!
di$pIBved.:l me;;ngo 3£IM!] him La >c:~ an atrel1d"nt.

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Fallil:t,v Mu$ar....

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cu::tomar sor"".:e I'I?pnlselltatlve dlck~d on a
\(f)llmdC\l. The derk be~",e: pu:u:ICla IIncl S~ltf she c:ouldn'r qet ~ boarding pa" elthPr. She tailed her
S:IlP~TV'''Or. Tllt:'I cllllc:d :>eilt:tle. Finally, 30 m'(llIrf'!~ larer. \1It: ~uoef\'i,or expl3Jned.

Altho:: tOllnte:r. Mu&;)rrJo anti nlC ramlly ylltllt:cJ while

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lrdlfing trouble

c;\~.. rln9

'{our namQ Ar.ruallv, we I.iln't <:Ieor your naml. You are on "n

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HUS3rr:ll. 47; is: a !'<1(hpr or tIlree """ worle for the U.S. Forait ::.:ervl('~ ile Ltce f'lc=ndeohllll CI03cler VIsitor
Ccnter. He i:; WhIte. ot Italian arvl 'rlslt 'lI ..:estry, ond W;:I:; born In New J4!~PV. He has lived In ilnd flown out
Ijf JuneBlI for se"'cn yeare. IU!CaUSf nr hl~ wUlk ...,Utl the Ccl:l:;t Guard and ttle ..nrl'~[ seIVI~. he he, had
IIItIl e federDll:llelcqraund checlcE than 11'1 ~n rl!memUl:"

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rtlllWll AlaskD AIrlines, me FRI, the FMQr<ll1 4vla[J.on AlIJ/lilliitrlltlon, 'end the newlV C~~l!lS
not
",uNlrr.,'~ I)ame, which is Sh:lIlan or ,ArabiC
thrQ2t to ;mllnl! Ql!rllrlly. Ano. at tIll$ poInt, there Ie n')

T~ntllnrT .. nnn Satetv AJIIllnlstrolion cannot or will
origin, i~ 0" .. h.~r or SUSDl!(;b who pOle II potc:nd31

,av,

w;ay for hi.!: n"me ro be rl!Jnn"I'd.

'

"I'm not the type of pllrcon 1Nh0 l1\iIle..... II ru:>s, but I 11m this :lll-Ametlcall ttov, ",,1'1 nerl! ('m lllrveted liS
t~rrolilt It I, }u3t Idnd of funny,· he ~'d, -r'JlILJcWng it', che nilmc. I-Iy name counds ~r""'c.·
Oli the way to f'ol't13nd, the Mllc~rra famIly was \JlVen 0111 uha.astivc scrf.e.ning with metal IfetlCtl'r "''1mb.
melr 5hD~~ were X-rayed, their bc~ remoyoa atltS Q1Plr hltl/l:i )ea'c.I\~d before they wer. aflowe4 on mP.
plMIl. On the WliV II<Ick, the: theCl< in c!Claran« tool( so long, ,Ill Gi/line &llc:nt hild to hand-writ. L:Irry (1M
Unne MUsArrlll' .. hOllrrJing 11_" lind II!St:Ol't them on tl\l! alrcrMl'. m!;,ulCS before tllke olf. Their ceatl: a/rl!(I.,y
had boon filled WIth ",r~lIl.1lJy lluscnc;er3 ..... 0 thell had to get orr rllA plane.
"Evarvonl! hal: be~" "",IIV "il.(" '. Slid linne Hu:~rra. 'aut If VOLI ~rp rrllvellno ."Itll (MdTen wllo h:l\'c
::llcclJI neld.., thi~ t.:lrcum~r~n(e llrollul.t:. tr~rnC'ldou3 :Inxle:t\,_,

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11/11/02

SUSSMAN-lID

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14:51

I,JALL STREET JOURt-IAL

212 274 7994
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Muslin.. helllrd from other raJatlVQ5: \~I(" rllp. sa,"e last nome '..,ho hld clmllar el(pen~ncI!5. Sante JUlle, his
brotnpr t'd~ had hl.1 bllq, se:lfttled every tim\!
"IllS. An Ulli.le, tfll\tcllng with a. 9L-VUfoQICl relllt'Vll til il
vlMaltni.llr, W4' s.:arched lind told he, too, IYU on rhP f8111St. When I\ls uncle c3lled the fBI, till wa.. rolll

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no Ilc;t e)(I'ted, Musarra sdl&.l.
Hu~rr8 called thl! 1(1('''1

neld office \,If the FBI, when: 31' age!'ll founO his nallll!! on It list. and ~:Ild theria
WIS no way to have It remov.,l1. She tolll hill' the bC3t thll1g to do wu to call ttl'" iflrlille ahelld
the time
when he is going to lIy, to prQplf\! them I"r lin: 'QmpllclltlDns, he ::aid.

or

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'I'

.....

A'lent Hllry Beth Kepner co"'lrmet.l ~P hiiO a CoovCf~lltlon with Hu~arl'll. but (Ilrp,E:h!u itll ,alb
i'll\nllt tt1e nalul\:! or the lISt to the FBI ol11ell Anr.rl1:,r~gl!.

Juneau

.;

.

'I'

Eric GClr'nlC'1., f"SI SIll!U<l1 aqent in ,,"c:h~r:lge, ~:lICl the I/'it 1I1rllnl!s Uie was controlled bV the! TAn'l'~tl~n
S:afety Admlnlsr:ratltln, ~ nlt!or( 11Clmel,nd security organlllt10n r(lrmP.l! by Ule Bv"h admlnlstratton stnOll Sellt.
11. I\laska Airlines cpOI(JW;mau Jdtk Evans IIlqre.:d the alrllno gets tM IItr/; rrom the TSA, lind sold tl\c "lrllne
I' mllnd3ted to ul:e the lis[ In rlt\! IICl~ien9~""screening prOteSl:. Ellai'll: aM C,onzalet lilll\! they c:lld not know
II WilY to r~mQ\'e Hue.rra's nil"''' rrnrn ttle "»(.
rp"'~Qn Muurr" Is on It Qre unclear, anCl mired In II wnrld uf
r~dl:'dl, Interdellllrtment:l' "ioformation ellllronl)" tIIat has caused c.onF.J5lon til\CC the Inception Of'thp, T5A

from there. the origin of tnel15t aM tllP
~:l.rllf!r tillS

.:

year,

Dave- !il:Plgman. SPOkl:!llilllllll far the T~", $/Iid rcv-:aling any of ~'" rl''''~C1n~ .. name mllor end up em the list
could jeopilrt1I'''' naUonal Sl!I.lJlil~. He denied the: TSJ\ !>ad lllle:t containIng 'nlllly iPellln!ls of Arab or I\rlb-

,oundlng namoc.

"The TSA doe!: not pronlll bveefln1t',tv. eU"li.:. orIgin, raCl! or rcll!lID"," StOlgman saId, :l.f\<1 then dlrecbed oil
mQulres about the! lI~t to tnQ ~ederal A"'i'lflnn Auroi.lIstretion or b~ck to the Flat.

TUlllmy Dame,

fA

TSA employee,

~nl:wl!rI!lI eM/! phon..

dllhe FAA office In Anchorage.

SUSSMAN-lll

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IJAL.L S1REE1 JOURnAL

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I"csge J. or

q.

Republican (ontrolJed Congress.

InTheselimes
• :-l ..,

•

r;

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::

..

\

f\

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\

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, \ . " ••~

~. ·THE NO-FLY LIST
~

F h"

I)

R F. S

Novt:!mber2

Is a federal agency systematically harassing travelers
their political beliefs?
By Dave Lindorff

Fences and Windows
By Naomi KleIn
Who l'Ire the rcal
globalizers?

A Democratic
Multitude
By David Gra~ber
Inside the EurOpeill'l Social

Forum.

Corporate Culture in
the Age of enron
By Barbara Ehrenreich,
Thomas Frank, Saskia
Sassel'l and Laura S.
Washiflgton

If anything is different after 9/11, it's
air travel. as passengers endure long

lines and extra security cheeks at
airports. For some passengers and
would-be passengers. though, air
travel has become something much
more hart'owinl;, u tbe
Transponation Security
Adrninistr:1tion targe~ political

activists for har3.SSment.
For months. the TSA, it federal

ROUNOTA.6LE: 6i!:l
BuSI('I4!SS above the law,

agency estabUshed a y~r &~o to protect the nation's transportation system from terrorism. I
it had :l blacl.:list of people to be singled out by seeurity staff for special in~pection and quest
But in mid-Nov~mber, in iln interview with this reporter, spokesman David Steigman

The No-Fly Ust

ackno",ledged that the government has -a list of about 1,000 people~ .....ho are deemed "thre.
aviation" and not allowed on airplanes under any circumstances"

By O;sve Lindorff
Are th'! feds harassing
travelers for their political
beliefs'

Steigman added that the TSA itself has no ~ide\ines defining ,,,ho is put on the list, but rat!:
reUes Gn names provided by other federal agencies. such as the FBI, Secret Setviee Or INS. 1
TSA also has no procedures for people to clear their names and get off the list.

The Slaves of

Cambodia

ey

Bill Myers
Confrol1til1g the Southe:;,st
I\sian sex tr3de,

It appear:c;, however, that this is only part oftbc~;~(!.!'Y. Mm.'t Qftho.~e .....h} have been singled r
special interrogation and searches of their lugt'l~e ilno t;'!(,;lr i>l:':-:SOl~S, at least those who Ita"·
pUblic with their ~xperienc~s, dearly are not ·ti'rrea~ to aviatiun.'" Indeed, many have been;

SUSSMAN-112

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u~c

P.02/04
L

VI "'T

advocates of nonviolence.
'II

~ws

Editorial
By Joel 81~ifuss

Consider thE! experience of John Dear, a 43-yeal'-old Jesuit priest, member of the Ca.tholic p
group Pax Christi and fonner e.xecutive director of the Fellowship of lleconcJ1iation, an intel
global peact: organiulion. "I fly JUSt about every week,· Dear says. ·Since 9/11. I've been tak
aside at the boarding g<ltc every single time and searched and questioned."

A Kinder, Gentler GOP

Back Talk
By Susan J. Daugli.ls
Patriarchy, n~w and

He describes one particularly disturbing experience. "1 got to the South\">'e!o1 Airlines gate at
San Jose airport, 00. my w:ly to Los Angeles, but as soon as the attendant saw my boarding p
shouted. 'You C"oln't be here. You have to be searched!"

improved.

Appall-o-Meter
BV Daile

Mulciltley

Save the Whales
By Christine Keyser

Enviros win round onp.
against the LFA SonClr,

Criminal Neglect
By Laurence Pantin
Death stall<s the
maquiladoras,

"Everyone's jaws dropped, and all the passengers backed away from me," he recalls. The f1ig
delayed while Dear was taken aside and minutely searched, ",oitb more than 100 passengers
looking on nelVously.

Others, like the Grl!en Party'!) Nancy Oden, ha.ve reported bein& detained by anned soldiers,
\ike Green Patty leader DouS Stuber, questioned by Secret .Service agents, sometimes at sud
length that they mis5ed their flights. In most cases, they ultimately were permitted to fly to t
destinations.
Asked if such people are considered "threats to a.viation," Steigman said no. He speculated t,
theymigbt have gotten on the list because they committed federal felonies. Some do have re
In Dear's case, he went to jail for ceremonially whaclcing an F-15 jet with a hammer in an aC1
civil disobedience.

Globalization's Dirty

Work
By M3rk Engler

How governments
5ubsld/2:e "free" t.rMe.

Don't Drink the Water
By Patrick Michael Rucker

But none of the people wbose cases In 11tese Times has examined bad any history of violenc.
would suggest they might be a threat to airline safety. Indeed many, like Dear, are ardent pil
What they seem to share is opPo3ition to the Bush administration's war policies and its atta4
civil liberties.

So ...,hat is goint on bere~

Cuban embargo hi[S new
low.

Wage War
By Kelly Candaele Zind

Asked if the TSA bas a second list, one not of the Mthreats to aviation' who would never be a1
to get On a plane, bu~ rather of political activists who are to be singled out for intense scrutin
interrog3tion. Steigman said, "I don't know. I'll have to look into that."

Peter Drelp.r

Despite;) setback,
momentum fOr a jiving

wage

incr~ilses.

A Flash of light
By Christine Keyser
ln Person; Boga1c?tch
Gebre.

Aday later, he camt back with a curiously candid, if rather alarming, answer. "I checked wit
security peoplc,q he said, "and they !;aid there is no second list." Then, after a pause, be :lddE
course, that could mean one of two things; Either there is no second list, or there is a list. an
they're not going tu talk about it for security reasoJU."
Some of those who have been stopped for special sCl'\ltiny by TSA agents in recent months b
been specifically told that their names were "on a list.' Last spring, Virgine Lawinger, a 14-y
old nun and a member of Peace Ac:1jon, was nopped at the Milwaukee airpon along with Sal
other members of the group on their ""sy to Washington to lobby the Wisconsin congressior
delegation against nlilita[)' aid to Colombia. She says tbey were told at the time by local she.

SUSSMAN-113
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INHLL

Why Hitchens Matters

~ I k'.c~

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.

I J UIJRt'lHL

deputies .mdMidwe.c;t Express titketingpersonnCll that one or several ofthem were MOil a lis
that the rSA had instructed 3.irport security to keep the group off the plane.

e,v Ian WIIHams
BOOKS: George Orwell,
where are you now?

The Undiscovered

Country
By James
BOOKS:

Uorth

Lawinger, with the help ofthe loeal ACLU, filed a Freedom oflnfonnation request with the'
early October, seeking to learn ",hy she bad been barred from her flight. A. mon.th later, WOr.
bllek that the TSA had a file on her, though all the pages were 'I\~thheld e.". cept for a copy of.
c\ippil'l~ from the local paper reporting on her experience- at the airport. It isn't known whet'
other information in Lawinger's TSA. file contains infonnation predating the airport inciden

n,e Other ls.r~el.

The Subje.ct Wu
Orchids
Bv JOSlllJ!.) Rothkopf
FIU·1: A cricky Adr.ClrilClof1.

Fantastic Voyage

Barbara Olshansky, assistant legal director of the Center for Constitutional Rights (Celt) in
York, reports that she has been stopped and searebed every time she has flown since 9/11. a
three of those occasions, she wu fOl'ced to pull down her pantS in view of other travelers. Or
those times, when she demanded to know why she W3S being singled out, the airline agent a
gate threatened to bar her from the plane ifshe raised a fuss and added brusquely, HThe con
spit you out. I don't know why, and 1 don't have time to talk to you :about it."

By Ki!lri Lvders~n
Eric Orool<er's Btoad Song.

While few would object to the TSA's maintaininr; a properly compiled list of genuine "threllt
avia.tion" or preventing such people from boarding planes, it would 2ppear that such a "no t1
is not the one.ll:ading to 1111 the harassment of political activists, who, after all, usually do gel
Nancy Chang, a senior litigation attorney at the CCa, who also has been singled out for star·
and questioning at the airport, says the government is ~Ieveraging legitimate air safety conci
into a program that targets law.abiding Americans for questioning and detention based 01'1 t
political viewpoints,•
Father Dear agrees. "I think what they are doing is harassing people who are opposing the "
publicly speakin~ out against administration policy; he says.
One hint that this ma)' be what is going on was pro..."ided to the Green Party's Stuber. When'
Secret Ser.~ce agents called in by the TSA security guards arrived Ilt. Raleigh-Durham Airpol
inturoga.te(and run a retina scan on) him, he says they came armed with aloose--leafbinde
which they left open nea.r him as he was being questioned. On an open page, he claims he Wi
to discern a long list of pro&ressive polit.ical Grganizations. Among tholle he ''laS able to makA
clearly on the list: the Creen Party, Greenpelee, Rarth First! and Amnesty International. Sir.
inttnogation ill October, Stuber, an art dealer, says he has been unable to get onto a plane.
Confirmation of a TSA travel blacklist is particularly troubling to civil-liberties advocates, b(
the names of people to be subjected to extra security investigation are being made available
private companies. Airline computers at airport boarding gates are flagging people. These Ii:
not being tlosely held within the national security or law-enforcement files. but are :l.pparen
being ",;delydisperscd.
In fact. this seems to be the ne\... privatization approach ofthe administration when it comes
Homeland SecuritY. The Wall Streer Journal reported that the fBI made its list of people w:
even remote links to terrorism-having associated, perhaps inad\rertenrly, with a terror SUS{
for e'Cample-al.'ailable to a wide range of private companies. from ban1c.s and rental-(;ar con-'
to casinos.

SUSSMAN-114

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VI

.,.

Says CCR's; Olshansky: "It's bad enough when the federal govemment has lists like this with
guideli nes on how the~"ra compiled or how to use them. But when these lists are then given
private sector, there are even less controls over how they are used or misused." Since airline
always had the right to decide whether someone can board a plane, she observes that provid
such a list to an airline represents a ""tremendous chilling of the First Amendment right to tr
and speak freely.
to

This week, th~ CCR announced tha.t it is considering R lawsuit against the TSA. A number of

whose travel has been interfered with have signed on as possible plaintiffs, and CCR i~ inviti
those with similar experiences to contact them. Mean\\lhile. the ACLU has posted a no-fly
complaint form to fiU out on its Web site for those who are harassed or prevented from flyin
Calling the existence of such travel blacklists "an obvious and egregious violation of the FirS!
AInentlment. because it permits both discrimination against a particular viewpoint and bee;:
is a prior restraint on Americans' right to travel," CCR Legal Director William Goodman sa}'
U.S. g()vunment appears to be targeting citizens because of their beliefs.".
Da,,-e Lindorff. a regular contributor to In These Times, is the author of Killing Time, a neon the case of Mumia Abu-Jamal.

Return to top of the page.

©2002 The Institute for Public Affairs I Contact webmaster.·
home

I about us I subscribe I archives' project censored

SUSSMAN-llS

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inf'"hocot-il"'\"'\oc- ,.."' ....... H_,..•• _"-y'n,., u: __ ....

TOTAL P.04

From:
To:
Date:
SUbject:

I

b7C -1,3

I

b6 -1,3

Thu. Feb 13. 2003 11 :24 AM
NO Fly/Selectee verbiage

I

......,.H;-e~re-:i-s what I need to place an individual that is believed to be a threat to Civil Aviation Security on the

b2 -4

TSA NO-Fly list or to place an individual who may possibly be a threat to Civil Aviation Security on the
Selectee list. An EC is probablv the best vehicle to do thisJ

I

b3 -1

I
1. All me 010 .nfo you can put together on this person. This will need to be at the FOUO (for official U£e
only) level it aoes to the airlines.!
II

b7E -1

IThe better the info. the less likely an
agem Will De calleCl out to the airport on a false alarm.

r

2.1

J·I

b2 -4
b7E -1

1

b2 -4
b7C -1

4·1
J

I b7E -1

.

5. Once we get thiS, I WIll forward this person s name to the TSA for placement on the NO Fly list. Once
this person is on the list. he will not fly within the US, nor will he be able to fly out of the US or from any
b2 - 4
airportl

I

I

Thanks, I hope that this is of some assistance,

I

cc:

b7E -1

b7C -1,3
b6 -1,3

SUSSMAN-116

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-------~~~-~:~:~~~_.=-=~=-~._..~• .~:~=:=~:~_.~'-=:_-:====_:-::-.~:=~===:~
b7C -1
b6 -1

"WATCHLISTS"

Various federal government agencies maintain lists of individuals of investigative or
national security interest. These lists, as they pertain to terrorism matters, are often referred to as
"watchlists". The following are lists of individuals that have commonly been referred to as
watchlists".
II

FAA J TSA

I

Selectee List: This is a list of persons who are determined b
.----..., b 2 - 4
the FBI and CIA) L ~---__:_-.-.--~-__:_-------Ib 7£ -1
Submissions for inclusion to the Selectee List are made in writing, with
accompanying justification. The vast majority of individuals submitted for inclusion to the
Selectee List, thus far, have come from the FBLI
IAfter the interviewL

I

\

(

The person remains on the Selectee L i s t l l . - _ - - - - - - - - - - - - - - - - I
\until a written request with appropriate justification is submitted by the
originating agency for removal. This database is maintained by the FAAffSA,\...
_

J

.

I

b2 -4

b7E -1

No Fly List: The No Fly List (NFL) is a list of persons who are detennined to be a threat to civil
aviation security by the TSA as a result of information provided by the submitting agency. A
person who is on the NFL will not be pennitted to fly into or out of the United States nor to fly
within the United States. Submissions for inclusion are made in writing, with appropriate
justification, by the submitting agency. Likewise. the originating agency must request removal
from the NFL in writing with appropriate justification. This database is maintained by the
b2 -4
FAJVTSAl
,
b7E -1

Department of State
\

b2 -4
b7E -1

,

ALL INFORMATION CONTAINED

H~S~~SIF~D.
.
DA
_.
BY
03 -

I)q

~G,1

SUSSMAN-120

.'

b7C -1
From:
To:
Date:
Subject:

I Thu. Oct 3.

2002 N 1

Re: Watch Lists

j

b6 -1

b2 -4

rI

b7C -3

~ceived a call early in the morning from Exectuive Watch requesting that we tell them for the Director

what the procedures were for getting people on and off the Watch List. This sounded a little unusual so I
b 7 E -1
went down to Executive Watch and saw that the John Pistole wanted to know the procedures
in
people on and off the No Fly lists. I told Executive Wat.cl}.1baI1..l.J~t1Wom.ac~BLJib.aJLm~'\'wL
L., b 6 - 3
controls that and he h t e-mailed us recently that it too 1....---'

I

I

later in the day Art Cummings called and want
re complete response to the question including all
lists which may be referred to as "Watch Lists".
nd I drafted that. The part concerning the No Fly
and Selectee lists was taken from a piece on th
entitled
lit provides gUidance for agents on how to respond to No Fly list and Selectee list
issues. The description concerning the meaning of and response to Selectee List persons comes from
that piece.

b2 -4
b7C -1
b7E -1
b6 -1

~as tasked to provide a very quick response to Art on a very broad subject. So the piece he and I

~ was not as complete as a more deliberative project. Thanks for your clarification on some of these
Selectee No Fly issues.

-=d
. 110/027:10 PM »>
L
. . f Thanks. (Please see questions and observations below.)
D- was this the document you used to answer the Director's Question in the attached email sen,
to the Director's Brief Group? Or, did you receive another answer, or are you still waiting? UC
c::::J asked CAS Program to look into in and, based on what the Terrorist Watch List Unit told lus, it

b2 -4
b7C -1

YOU

b7E -1
b6 -1

seemed that they were formulating a response, but now I'm not sure, because of my subsequent
conversations with
land the attachment he sent me.

I

_ _ _ _---'~ some questions and observations re the attachment -

b2 -4

I

1. Please correct me if I'm wrong - ace to our chat esterday and last night, you
Ididn't
know about the attached email request from
0 the Director's Brief Group re how people get
on and off the No Fly· List. HoweverDwas as e y
Cummings to expand on a document which
listed various watch lists, and you don't know whether that tasking was in response to!
!email
request or for some other purpose.

b7C -1
b7E -1
b6 -1

2. If possible, please email me what the original document looked like, and hO\Oxpanded it. Also.
there are some inaccuracies in what is written:

(a) the criteria stated for

[;::====I~

Selecte~_ _......,...---------------------J

·

____, b2

-4

b7E -1

I
ALL INFORMATION CONTAfNID

H£~RIS
N SlFn·
DA. - - _ vC

I)

loa ~ '-/] I'J LS ~c, (CA l.
03-/'1'19
'
SUSSMAN-l2l

l
(b) the descriotion of law enforcement resoonse for the Selectee list which cites TSA directives is wrong

(c) the No Fly List procedure omits the majority of the procedure, meaning that there IS a LEO response
and it invariably includes the FBII
tn order to get someone off the
list.

Regards,

b2 -4
b7C -1

»~

110/2/0212:13:42 PM >>>
As you requested. There was a ''watch list" summary which was emailed tUand myself, and we were
asked to expound on the descriptions depicted therein. I do not know who authored the original watch list
summary.

cc:

SUSSMAN-122

b7E -1
b6 -1

b2 -4

From:

To:

TWL

Date:
SUbject:

Tue, Oct 8, 2002 8:04 AM
Selectee List

I have recently been informed b~
official~

b7C -1
b7E -1
Ithat it is unlikely FBI agents or other federal law enforcement b6 -1

IThanks

SUSSMAN-123

.Rev.08-23-1000)

FEDERAL BUREAU OF INVESTIGATION

Precedence:
To:

DEADLINE 11/15/2002

All Field Offices

Date:
Attn:

10/23/2002

ADTCs
SACs
IT Program Manager
DT Program Managerb2
-3,5

AlII

b6 -1,5

CJIS

uel

b7C -1,5

Counterterrorism

Section Chiefs

b7E -2

From:

Counterterrorism
NJSAWS/TWWU/Roorn 113Q~'
Contact:
ss~
·

Approved By:

1
Drafted By:

I

__

D'Amuro pas Qual1f;e
Pistole John S £."l
Mill~r
Mark E
~rvt/
~ '.
Cummlngs Art_ur

_

..
.

Case ID

#:L..I

Title:

TERRORISM WATCH LIST

h

1.

(Pending) ~

Synopsis:
This communication summarizes the evolution of the FBI's
Terrorism Watch List (TWL), sets forth criteria and protocols for TWL
entries and removals, highlights ongoing TWL initiatives, and
distinguishes the TWL from other watch lists.

Reference, Il...

_

b2 -3

Details:
By Ee dated 03/19/2002 (Sje referenced serial 37), all field
offices, FBIHQ Divisions and
were advised of the creation of a
permanent Terrorism Watch List (TWL). The purpose of the TWL was to
serve as a centralized repository of names of inVPl=;t"iOrl+-;.,ro ; ... terest
related to terrorism investiaations r
I

I

b2 -4,5
b7E -1,2
b6 -5
b7C -5

SUSSMAN-124

b2 -3,4

To:
Re :

All Field Offices

I

I

From:

Counterterrorism

10/2 3 / 2 0 0 2

b7E -1

Transportation Security Administration
(No Fly and Selectee Lists)

The No Fly and Selectee Lists, both administered by TSA, often
are confused with the TWL. Currently, the TWL staff is working with TSA
to develop protocols to facilitate entry and/or removal of FBI subjects
to/from the No Fly or Selectee Lists. It should be noted, TSA is the
agency which actually makes the entries or removals.

b2 -4

The No Flv List is used to prevent individuals from using
commercial aviation who are deemed by TSA to be a threat to aviation,
based on information provided by various sources (such as the FBI). If a
individual is listed on the No Fly List, that individual will not be
permitted to board any commercial aircraft within the U.S. until such tim
the individual is removed from the list by TSA. If an individual on the
No Fly List is identified at an airport, the local FBI office will be
contacted to conduct a thorough interview of the individual to make a
positive identification. It should be noted, the air carriers and/or
local airport authorities are responsible for preventing a passenger on
the No Fly List from boarding an aircraft, not the FBI.

b7E -1
~

The Selectee List copsists of ind;vidlla1s I

I

These individuals

~a-r~e-s~c-r-e-e-n-e-d'l""""l'b-y--a"'i-r-p-o-r-'t::--a-u"""':""'t;-h-o-r-:i"":'t~i:-e-s-":"'i-n-a-c-c-o-r-d";""a-n-c-e--w"":'i"":'t~h-'
TSA Se cur i t y

Directives. Following the screening procedures, these individuals can us
corrunercial air transportation and should not be denied boarding. Again,
the respective air carrier and/or local airport authorities will make the
final determination regarding who boards an aircraft.

b2 -4
b7E -1

It ha~ been noted by many field offices that the lack of
identifying data on the No Fly and Selectee Lists. inhibits efforts to
match passengers to names appearing on TSA's lists. In addition, there
have been occasions when agencies have failed to remove names from TSA's
lists, even after the individuals were determined b: the entering agency
to be either no threat to commercial aviation!
_
It is duly noted these instances l1ave e Used a great dea of

I
b2 -4

i

I

7

b7E -1

SUSSMAN-125

To:
b2 -3,4

Re:

All Field Offices

I

I

From:

Counterterrorism

10/23/2002

b7E -1

b2 -4

b7E -1

Transportation Security Administration
(No Fly .and Selectee Lists)

The No Fly and Selectee Lists, both administered by TSA,
often are confused with the TWL. Currently, the TWL staff is working
with TSA to develop protocols to facilitate entry and/or removal of
FBI subjects to/from the No Fly or selectee Lists.
It should be
noted, TSA is the agency which actually makes the entries or removals.
The No Fly List is used to prevent individuals from using
commercial aviation who are deemed by TSA to be a threat to aviation,
based ·on information provided by various sources (such as the FBI).
If an individual is listed on the No Fly List, that individual will
not be permitted to board any commercial aircraft within the u.s.
until such time the individual is removed from the list by TSA.
If an
individual on the No Fly List is identified at an airport,the local
FBI office will be contacted to conduct a thorough interview of the
individual to make a positive identification.
It should be noted, the
air carriers and/or local airport authorities are responsible for
preventing a passenger on the No Fly List from boarding an aircraft,
not the FBI.
The Selectee List consists of indiyidualsl
b2 -4

b7E -1

8

5U55MAN-126

b2 -3,4

To:
Re:

All Field Offices

I

,

From: Counterterrorism
10/23/2002

b7E -1

IL..,.".......__~~~_------:--:'-~-----:-----:---:---~-----:-­

b2 -4
b7E -1

These individuals are screened by airport authorities in accordance
with TSA Security Directives.
Following the screening procedures,
these individuals can use commercial -air transportation and should not
be denied boarding. Again, the respective air carrier and/or local
airport authorities will make Lhe final determination regarding who
boards an aircraft.

b2 -4
b7E -1

It has been noted by many field offices that the lack of
identifying data on the No Fly and Selectee Lists inhibits efforts to
match passengers to names appearing on TSA's lists.
In addition,
been occasions when agencies have failed to remove names
lists, "even after the individuals were determined by the
enc
er no threat to commercial aviation
...l
It is duly noted these instances have
ea 0
consternation among citizens, air carriers and
law enforcement representatives who have been tasked to respond to
these situations.
To alleviate these occurrences with FBI entries,
the TWL staff is coordinating with TSA to develop protocols regarding
the entry and removal of FBI subjects to/from TSA's No Fly and
Selectee Lists. Once the protocols are established, the TWL staff
will establish and implement validation procedures to ensure only
those FBI entries falling within established criteria remain on the No
Fly or Selectee Lists.
I-I

b2 -4
b7E -1

b2 -4
b7E -1

Department of stare

I

.

9

SUSSMAN-127

b6 -1,3
From:

,To:
Date:
SUbject:

b7C -1,3

I

'-:W-:-:-ed"":"',-::D~e-c"'"":1-=8~,2::":0:"::0-=2""':'1"":"'1""'1~0-::A-:-M:-------'
:':

Re: TSA No Fly List

b2 -4

o

b3 -1

Here is what' need from you and your UC to place an individual that is believed to be a threat on the TSA
NO-Fly list
1. All the bio info you can put tOl'lether on this oerson This will need to bE! ::It the FOUn (for official use
I
onlv) level, it goes to the airlines. 1

b7E -1
b6 -1

r

I
2J

b7C -1
I

I

I

b6 -1

4·1
I

I
5. Once we get this, I will forward this person's name to the TSA for placement on the NO Fly list. Once
this person is on the list, he will not fly within the US, nor will he be able to fly out of the US or from any

I

~~~

~s,

2 ..

o

>>>1

b2 -4

I hope that this is of some assistance,

b7C -1,3

112/17/02 05:08PM »>

b7E -1
b6 -1,3

We are putting the target on the TSA No Fly List here at FBIHQ. 'will be getting with TSA tommorrow
(12/18) to accomplish this.

b2 -1
b7C -1
b6 -1

cc:

SUSSMAN-128

I

From:
To:
Date:
SUbject:

b6 -1,3

I

Tue, Dec 24, 200210:36 AM
Re: TSA No Fly List

D

b2 -4
b7C -1,3
b7E -1
b6 -1,3

b2 -4

L.....-

b3 -1

Hope your holidays go well.

D

b7C -1,3

a....-

b7E -1

h2/1811:09AM >>>

b6 -1,3

Here is what I need from you and your UC to place an individual that is believed to be a threat on the TSA
No-Fly list
1. All the bio info you. can put toaether on this oerson. This will need to be at the FOUO (for nffir.i::IIII~A
onlvllevel, it aoes to the airlines. I

b2 -4

21

I

Tl

II

b3 -1
b7E -1

b2 -4
b7C -1

4J
I

I'
5. Once we get thi~, I will forward this person's name to the TSA for placement on the NO Fly list. Once
this person is on the list, he will not fly within the US. nor will he be able to fly out of the US or from any
airport!

b7E -1
b6 -1

I

b2 -4

Thanks, I hope that this is of some assistance,

CJ
2..

o

.

»~

112/17/02 05:06PM

b7C -1,3

>~>

b7E -1

We are putting the target on the TSA No Fly List here at FBIHQ. I w'iil be gelt.ing V.i:;l TSA tommorrow
(12/18) to accomplish this.

All INFORMAnON CONTAINED
HEREW-

I~U~~SIF.TI

OA1E.~ -~;"'w, ~O~Co 1 f\/LS
C~~03 - 1109

/

/

fl" CI:J l
SUSSMAN-129

b6 -1,3

b7C -1,3
From:
To:
Date:
Subject:

1

b6 -1,3

I

Wed, reb 5, 213 2:08 PM

b2 -4

Re: No Fly

b3 -1

I

Here is what I need from you and your UC to place an individual that is believed to be a threat to Civil
(Viation Security on the TSA No-Fly list. An EC is probably the best vrhiCle to do this, 1

b7E -1
.....1

b6 -1
1. All the bio info you can put toaether nn thi~ nAr~nn Thi~ will n<>1'V! tn hA ~t tnA !=f)1 If) ffnr
only) level, it goes to the airlines. I

"ffi,.;"'1

I.c>g

I

b7C -1

"'21
3.1

b2 -4
b7C -1
b7E -1

4J
I

b6 -1

I

5. Once we get this, I will forward this person's name to the TSA for placement on the NO Fly list. Once
'his person is on the list, he will not fly within the US, nor will he be able to fly out of the US or from any

I

~~~

b2 -4

~kS, I hope that this is of some assistance,

c5f-

b7C -1,3
I02/04/03 05:20PM »>

b7E -1
b6 -1,3

We've got a guy we want to nO-fly. Do you have a copy of the last one we gave you?
Thanks.

D

b7C -1
b6 -1

CC:

5U55MAN-130

---l~.F.~dL~~:.~?_.~,IX.~!~t.:9~~~t.i.?n....- ._:::..,::~~~':_. ... - .:-'.",...~.~'~,~:,:::::, -"'., '.'D::':"::~::::::::::~::!~:'!]

"--

b7C -1
b6 -1

From:
To:
Date:
Subject:

Sun, Feb 16, 2003 1:47 PM
Fwd: Re: No Fly List question

I

b2 -4

'-----

I

I

I

b7C -1,3

I am the supervisor in the Terrorism Watch List and was on leave when your e-mail came in~I.--_---'
basically answered your question, but I wanted to make sure you were aware of the procedures for TSA's b 7E - 1

IIiSts versus the FBI's lists. I

b 6 - 1, 3

1"-;:::::::::================================:::::::::::::::1

1'------

--

If you have any further questions, please contact me or the TWL staff.

""""=TW:"':"::""L"=24":"'I7=-n-um-ber

l

_

b7C -1
b6 -1

cc:

_____Itwl

b2 -1

SUSSMAN-131

b2 - 4

b7E -1

b7C -1

From:
To:

Date:

Fri, Jan 31, 2003 4:56 PM

Subject:

Re: No Fly List question

b 6 -1

~-

not SSA anything..)
No, not at this point as I can't see the formica pattern on my desk due to paper gluttage.
I trust the ec is worthy and appropriate. However, please remember the following if you wish to proceed:

As a gUide - If a CIA wishes to place a person on the No Fly list, the person (generally) is:

.......lL
l-=-:-:-~=-:-~:--:---::----___:__:_~~------------J
.. Will NOT be able to fly on commercial aircraft,
'* A threat to civil aviatiorl.....

Or-------------

b2 -4
b7E -1

If the CIA still feels that strongly, then ...with the concurrence and assistance of your HQ Substantive Desk
SSA, prepare:

1. All the bio info you can put together on this erson. This will need to be at the FOUO for official use
only) level, it goes to the airlines.

b2 -4

b3 -1

t;::::::==================================::::..-.,

b7E -1

3.1

b2 -4
b7E -1

cJ~------5. Once obtained, this information is forwarded to the TSA for placement on the NO Fly list. Once this
person is on the list, he will not fly within the US, nor will he be able to fly out of the US or from any airport

I

I

b7E -1

rJ'----------.....--....-----I hope this helps. Please call me if you need further guidance/assistance.

SS~L-_~_~~......J

Counterterrorism Division
Civil Aviation Security Program
Room 11795, FBIHQ
I
Desk

I

1-

~Cell

b2 -1
b7C -1
b6 -1

b2 -4

All INFORMATION CONTAINED
HER I N SIFIED
.

~~ !SjBY LA "I.. Q21 G.'l

CRM 03 - 1'1'7 q

SUSSMAN-132

(

l\h.1 fit

c.1c. L

From:
To:
Date:
SUbject:

o

b2 -1

I......:-:~"""":"""---=-~=~~=-:"'I

b 7C - 1
Wed. Apr 23, 2003 2:19 PM
b6 -1
Talking Points for the Director Concerning the TSA No Fly/Selectee Lists

Attached are the talking points you requested for the Director concerning TSA's No Fly and Selectee List.

cc:

SUSSMAN-133

b7C -1

04/23/2003

b6 -1

TSA No Fly/Selectee Lists

TSA and FBI procedures
These lists were developed by TSA soon after 9/11 and are based on TSA Security Directives
issued to U.S. based air carriers.
The No Fly list, which contains 1216 names, is designed to prevent terrorists who pose a threat to
individual on the No Fly list will not be
civil aviation from boarding U.S. based aircraft.
allowed to .board aU. S. aircraft.

An

The Selectee List, which contains 673 names, is designed to provide extra security screening to
individuals
individual on the Selectee List will be searched
by airline personnel before being allowed to board a u.s. based aircraft.

I

b2 -4

IAn

b7E -1

It is common for individuals to believe they are on the Selectee List because they receive
additional security screening (searches) for other reasons such as random selection or selection
through TSA's Computer Assisted Passenger Prescreening System (CAPPS).
b2 -4

The names and identifying datal
~n the No Fly and Seleetee
lists are provided to TSA by the U. S. lntelhgence Commumty,
the CIA and FBI.
FBI places names on the lists by written communication to the TSA representative at FBllIQ.
Removal of names follows the same
procedure.

I

I

b7E -1

b2 -4
b7E -1

Individuals who are delayed boarding aircraft because of potential name matches with names on
the lists may contact the TSA Office of Ombudsman who will assist in resolving the issue.

Airline Procedures
Identification of individuals on the lists is done by the airlines.

b2 -4
b7E -1

.

If the airline identifies someone who may be on the No Fly or Selectee lists, ~iN~"
. ;tJ'C fc(mjreo to
notify the FBI. Airlines are also instructed to contact the nearest law enforce~li'ent offIcer ~o
assist in resolving identification issues.

Future TSA Procedures
All INFORMATION CONTAINED

HER~ IS ,LJN~~SIF'E~". J

I ........

P:4~Y~iD1

CA" Cd -I ?1 ~

NLS IAfo /CtlL

f(

SUSSMAN-134

TERRORISM WATCH LIST STAFF

TO:
Meeting wi

s4~

~~n M~y

b2 -1

22, 2eG2:

b7C -1

A large percent of calls coming into our TWl phone line are related to the
Transportation Safety Administration (TSA) Watch List a.k.a F.A.A. Please refer
these callers to TSA
~ They are under a 24/7 operation.

b6 -1

atl

TSA has two lists:
1) No- fly list (persons who can't board plane)
2) Selectee list
Note: The original 9/11 FBI Watch list is defunct and many of the names on that
original list were placed on the F.A.A·I

b2 -4

I

b7E -1

What you need to find out: What list do they have?

I

~ of f:~'l Ci vii Avi at io" Secud ty 'cog". 0' TSA', .
;oepresentative to Sr.OClFBI, C j o n l y if you think the call is a detriment to
societr ~fers that you page 1m first to get instructions before calling

You •• y ,,\l SSA

0'

I ~~~:~E

~ :~:-~~~

3

b6 -1,3

FYI
Everything you want to know about TSA's list and related matters can be found

I~~~"';";;;"""~I

b2 -4
b7E -1

SUSSMAN-135

From:

To:
Date:
Subject:

Man, Jun 3, 2002 2:30 PM
No Fly list

b7C -1
b6 -1

TSA creates the No Fly list based on inout from a variety of sources, includina the FB!.I

1
b2 -4

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I

1~

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t;::::=:=:=:=:=:=:=:=:=:=:=========--

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t"'""--------r---------------------------J b 6
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16/3/02 12:30:56 PM >>>

b2 -4

b7C -2
An FAA agent was on scene and asked us to either clear him to fly, or to deny him boarding. I told the
b7E -1
agent that I could do neither based on the information I had at the time.
tolld the FAA guy that he was gOIng to have to call hiS supervisor b6 -2
to make a call on this. He kept telling me that the Bureau had input to this list, and it was up to us to say
yea or nay. He eventually cleared the person to fly through his chain in DC.

I

I

II

I

My question is, who creates these lists and what are our responsibilities with regard to it? I was of the
understanding that we were to identify potential matches.'
1
lis there any mechanism in place to detain him,
aside from the normal investigative detention?

I

b2 -4

b7E -1

Also, , am not the sharpest tool in the shed, so could you explain the difference in the selectee and no fly
lists to me? And what specifically do we do if we have a selectee list hit? These may be stupid
questions, but you know what they say!
Thanks,D

»~

105/31 12:41 PM »>
thank you. you're doing great out there, making the whole Bu look good and boy, do we need it.

~/31/02 12:25:39 PM »>

»>1

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b7C -1,3
b7C -1,3

Fri, Oct 11, 2002 1:44 PM
Re: No Fly List

b7E -1

b6 -1,3

b6 -1,3

~ace

an individual on the NO-Fly we ask that you state in the EC that the FBI believes that the listed
individual is a threat to Civil Aviation Security. We ask also thai any b'
at the For
Official Use Onl FOUO. This information is rovi

ease call1email me o'Thank You,

o

61--

.:.;:.ope a answers your questions on This.
..,TSA) if you have any further questions

..

110/11 8:37 AM >>>

~ugested

IL...-.

b7C -1,3

I e-mail you with my question....

b6 -1,3

Boston has subject that we would like to add to the TSA "No Fly List". Do you know who I address the EC
to?

D

b7C -1
b6 -1

cc:

All INFORMAnON CONTAINm
HEREI
NClASSIF ED

OAlE~1"~BY~ ("f)
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SUSSMAN-137

b7C -1

b6 -1

From:
To:

Date:
SUbject:

Fri, Oct 4, 2002 4:26 PM
Re: Watch Lists Summary

c=J OK, the summary prepared for the Director/John Pistole is from a document which I wrote and have
posted on the SIOC web site. The summary quotes what I wrote, but the ers n who wrote the summa
had no way of knOWing that th
.
(the gist of my previous mail.)

b2 -4
b7E -1
This proves that you can't always take something on a web site at face value without checking its
accuracy, since people don't always update sites· one of my many "to do" things. I will change the web
page to reflect the current situation.
Please relay the above to the person who did the summary so they can be made aware of it.

b2 -4

Thanks.

b6 -1

~100..

~O/4/02 2:23:_40_P_M_>_»

L

lb7C

-1

b7E -1

c5t--

.....I~0/3/02 7:41:07 AM »>

We received a call early in the morning from Exectuive Watch requesting that we tell them for the Director b 2 - 4
what the procedures were for getting people on and off the Watch List. This sounded a little unusual so I
went down to Executive Watch and saw that the John Pistole wanted to know the procedures for ettin
b 7C - 3
people on and off the No Fly lists. I told Executive Watch that I could not answer that becaus
b 7E _ 1
.....
controls that. and he had e-mailed us recently that it tookL...-

I

I

b6 -3

Later in the day Art Cummings called and wanted a more complete response to the question including all
lists which may be referred to as "Watch Lists"nnd I drafted that. The part concerning the No Fly
and Selectee lists was taken from a piece on thee:::::=
!entitled
lit provides guidanc~ for agents on how to respond to No Fly list and Selectee list
issues. The description concerning the meaning of and response to Selectee List persons comes from
that piece.

I

b2 _ 4
b 7 C -1
b 7 E -1

~as tasked to provide a very quick response to Art on a very broad subject. So the piece he and I
b6 - 1
drafted was not as complete as a more deliberative project. Thanks for your clarification on some of these
Selectee No Fly issues.

~

L

D- was

....J~ ThanK:;.

110/027:10 PM »>
(Please see questions and observations below.)

thiS the document you used to answer the Director's question in the attached email you jent
to the Director's Brief Group? Or, did you receive another answer, or are you still waiting? UC
c:::Jasked CAS Program to look into in and, based on what the Terrorist Watch List Unit told us, it
seemed that theY'f:re fgrm,,'atirg a response, but now I'm not sure, because of my SUbsequent
conversations witL
jand the attachment he sent me.

l

b 7C - 1
b 6 -1

'-------------'

b7C -1
b6 -1

~ some questions and observations re the attachment '-------1. Please correct me if I'm wrong - ace to o U Q ay and last night, youl
~idn't
know about the attached email request from
0 the Director's Brief Group re how people get
on and off the No Fly List. However~ as e y rt Cummings to expand on a~nt which
listed various watch lists, and you don't know whether that tasking was in response tOL...-Jemaii
request or for some other purpose.
2. If possible, please email me what the original document looked like, and hovQxpanded it. Also,
there are some inaccuracies in what is written:
1rL(aa.)utlDh.e.eJ:c:arilf~lDriLaa~sUltaaJt:eeL1dJlfO:llr:':S::ileell.eecCltleeQ,eL.!

b6 -1

b7C -1

P
b2 -4
b7E -1

(b) the descri tion of law enforcement res onse for the Sel ctee Ii

b2 -4
L-

---..I

b7E -1

(c) the No Fly List procedure omits the majority of the procedure, meaning that there IS a LEO response
and it invariably includes the FBII
lin order to get someone off the
list.
.
Regards.

»~

110/2/0212:13:42 PM »>
As you requested. There was a "watch list" summary which was emailed t<Oand myself, and we were
asked to expound on the descriptions depicted therein. I do not know who authored the original watch list
summary.

b7C -1
b6 -1

cc:

SUSSMAN-139

fRe;F"Wd.tSf:Ao!ly'f~t
-------From:
To:

Date:
Subject:

...: ._ ..:~ .

TO:

•

_:

: . ••

.:

.:~~:~.::

••• : :

=:_ .--: ~ge.ll

b6 -1

~~I

b7C -1

Sun. Sep 15. 2002 7:25 PM
Re: Fwd: TSA No Fly list

___I
We need a statement from the!
~hat the person
(s) is/are believed to be a threat to civil aviation security and we also need all possible bio information at
the FOUO (for official use only) classification.
Thank you for your assistance on this.

r----..&.~--:--~~ 08/29/02 12:39PM »>

Was the attached ever added (or in the process of being added) to the No Fly List? Just trying to
on everything. Thanks.

L......ro""l":'l.....
Iow up

b7C -1,3

cc:

b6 -1,3

SUSSMAN-140

b7C -1
~

From:
To:
Date:
SUbject:

I,we

---'I b6

-1

b2 -4
b7C -1,2

Wed, Sep 25, 2002 8:02 AM
TSA No Fly/Selectee Project

b7D -1

Yesterda I received a call from a

fficer concerning one of the TSA No Fly listed individuals,
b 7E - 1
When I pulled our TSA drop folder here, I noticed tha~
r--""l-a-d~ru-n~t~he-n-am-e~th~r-o-U~9h~A":C-=S~.-=S~he had put several communications in the folder which were veryb 6 -1, 2
helpful. Basically. this individual was listed on the FBI's original Project Lookout watch list but had been
removed because the Miami office determined he had

I

I

I

I point out this folder to you as a good example to use in our project to provide more information in these
TSA No Fly/Selectee folders. Basically. the documents show that this individual probably should not be
on the TSA No Fly list. So, I hopefully can use these documents to get #309 removed.
It was also very helpful the way thatc:=:Jhighlighted certain key information in the documents she
bfficer to TSA for further
printed from ACS. Since #309 was still on the list, I referred thd
information. I did not tell him my suspicion that this individual should have been removed from TSArs list.
I will take up that with TSA separately.
In any case, that folder serves as a good example of the type of information which will be extremely
valuable as we continue to work with TSA and to assist agents in the field that are involved in these
decisions whether to prevent people from flying. If an FBI agent had called in instead of ar{==:Jofficer,
I would have told the FBI agent of my concern over whether this person should even be on TSA's list.

cc:

b7C -1
b6 -1

5U55MAN-141

b7C -1
b7D -1
b6 -1

b7D -1

b7C -1
r------------L....----

To:
Date:

Wed, Oel 2, 2002 1:10 pM

Subject:
_____

b6 -1

I

From:

Re: Watch Lists

.....I~ Thanks.

(Please see questions and observations below.)

I I - was this the document you used to answer the Director's question in the attached email you sent
~irector's Brief Group? Or, did you receive another answer, or are you still waiting? I

I

b7C -1
b6 -1

'Dasked CAS Program to look into in and, based on what the Terrorist Watch List Unit told us, it
seemed that they were formulating a response, but now I'm not sure, because of my subsequent
conversations withl
land the attachment he sent me.

_____...JI some questions and observations re the attachment -

b7C -1

1. Please correct me if I'm wrong - ace to our chat yesterday and last night, yo~
~idn't
know about the attached email request from
~o the Director's Brief Group re how people get
on and off the No Fly List. HoweverDwas tasked by Art Cummings to expand on a document which
listed various watch lists, and you don't know whether that tasking was in response to
~mail
request or for some other purpose.

I

b6 -1

I

b7C -1

2. If possible, please email me what the original document looked like, and hoQxpanded it. Also,
there are some inaccuracies in what is written:

I

b7E -1

- - - - - - - - - - - ,~

(a) the criteria stated for Selected

I

b2 -4

b6 -1

b2 -4

r)

b7E -1
the description of law enforcement response for the Selectee list, which cites TSA directives, is

wrol
b2 -4

(c) the No Fly List procedure omits the rna'od
~ it invariably includes the FBI 1....-

All INFORMATION CONTA1NtJ)
Regards,

CJ
>>>1

~~!~~~~« k/)

CA~f)<\

that there IS a LEO res onse

NlS

I /

......

b7E -1

A Q, C,Q l

110/2/0212:13:42 PM »>

As you requested. There was a "watch list" summary which was emailed toDand myself, and we were

asked to expound on the descriptions depicted therein. I do not know who authored the original watch list
summary.

cc:
5U55MAN-142

b7C -1
b6 -1

_______~!§"!if~.iS(~:~~~-·~.~ . ,..... ~_... ,... ~.:: ... ,~:_~~.=:.:.~.: .._:. ~.:=::.::::.:.~,:,_,.- . :_.:.: _'. : . . ~::'=.~_.::.-:.':.:.:~[€.!]
b6 -1
b7C -1

From:

To:

1.....

Date:
Subject:

_

,

Mon, Sep 23, 2002 2:08 PM
Re: No Fly List 109

Thanks for the response

»>1

I~

I
~9/23

Iwe're here for you, should you need us in the future.

D
b7C -1

1:15 PM >>>

b6 -1

Thanks for your offer, but it probably cannot be accepte~ except by T:?A, which is unlikely. Th~L..".._ _
guys are seeing the lists because they may be part of th~
proup, to which I send the lists.

b2 -4

L-

_

. b7E -1

I

TSA controls dissemination and because the info comes from a varie
"third-party" info.
~-_

..... SA reps do with

b2 -4
b7E -1

Thanks again for your thoughts.

ss4

hax)

Civil Aviation Security Program, Room 11795
Domestic Terrorism Counterterrorism Planning Section
Counterterrorism Division
@leo.QOv

b2 -1,2
b7C -1

I

b6 -1

-1,3

»~

~9/21 4:15 PM »>
b 6 -1, 3
Although I will be on annual leave next week, from 9/24-27, the first of four permanent Civil Aviation
Will be "me" for the week, and I
Security Program agent supervisors arrives on 9/25. SSAI
hope to leave her sufficiently clear instructions for disseminating and posting any lists that come in,
b 6 -1, 3
although they may not be formatted in the usual manner. As a backup, you may contact your TSA
for the most updated list and ID information.
b 7 C -1, 3
representative or the TSI Watch a1

I

For background info on why someone may be on the list, the FBI Terrorist Watch List Unit may be able to
assist you, as they are working to backfill that info for their drop files.

---------------------------------------------------_..--------------------------.._------------Please forward/disseminate as appropriate
- Recipients of this mail have either been designated as Airport Liaison Agents or have duties and
responsibilities which necessitate, or are enhanced by, awareness of Transportation Security

AlllNFORMflTION CONTMNEJ).

~i~~I~tf"~JJ:.~ ~'1

CA&O,3

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Administration (TSA" formerly FAA) security information.

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SS4
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Civil Aviation Security Program, Room 11795
Domestic Terrorism Counterterrorism Planning Section
Counterterrorism Division
j@leo.gov

b2 -1,2

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b6 -1

cc:

5U55MAN-144

b7C -1
From:

To:
Date:
SUbject:

I

b6 -1

I

Mon, Sep 16, 2OU2 1:46 PM
Re: No-Fly/Selectee List requirements

HiD
tn hi'! nnlv thr~~tc;: tn

Sorry for the delayed response. It's su

.

.

I

b2 -4
b7E -1

D
~tJ"'---

b7C -1

----J19/13/02 5:36:30 PM >>>

b6 -1
Well, 09/11/2002 went a lot better that 09/11/2001 (thank God!)
I'm looking to find out what it takes to get a person on the No-fly and/or Selectee list. I've had several
inquiries (mostly regarding fugitives) about getting names added to the list(s). Any info you have on the
':flatter would be helpful.
ThanksD

b7C -1

cc:

Au. INtORMATION CONTAINED
HE~l~rrM~~ficJ,,09l {, 1
~A I:!. 03-1 '11'\

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.

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5U55MAN-147

TSA tisfb\sseminatfOn1
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~

From:
To:
Date:
Subject:

Sorry for the

I

b7C -1,3

~

b7D -1
b7E -1,2

Thu, Oct 10,2002 12:35 P....
M.:....----,
TSA List Dissemination t~
ffficials

b6 -1,3

d~ela in responding - theoretically there is a TSA representative fori

I

b2 -4

nd that would be the thing to do - cpntact that person, but I don't have any list of
TSA reps, or even a HQ number for thE\.
Jsecurity personnel.

I.

b7D -1
b7E -1

~olleagues in
Just so you know, regardless of the pros of sharing the TSA lists amond
aviation security, TSA only disseminates to their regulated parties, Le., the air carriers and the airports,
because the info is from "third parties" and the TSA has not sought a general concurrence from the
contributing agencies to allow further dissemination of therll·_....-·.ILI.lII;!...r1ol.I.._~-...lL&..IiI.LllI. .....u.a....-UII'l~---.
r-m_a_i,;,;,nt;,;;,a,;;.in;,;;,s...;;t,;,;,ha;;;.;t....;e;..v,:.el)'~o...;.ne.;;....w.;.h..;.o..;.n;,;;,e.:.e,:.ds;.....;;.;to
__s;;.;e;.;;e....;t,;,;,he.;;...;..lis;;.;t...;;s..;.e,:.es;....;.;.it.;"L",..
............, b 2 - 4

b7E -1
However, you could direct them to one of the following persons who may be able for further assistance:

b2 -1
______JrSA Intelligence Watch

~

Hope this helps somewhat. I've cc'd the TSA Detailee here,
names to contact.

c=s

b 7C

Idistributes the lists to me)

I

I

as he surely might have other b 6 -

-I, 3
I, 3

b7C -1

~O17l02

4:45:23 AM »>

b 6 -1

I

The U.S. military has a significant say in the security operations of t h C
~irport i~
b2 - 4
They work in conjunction wit~
As a significant transit point
between the West and many Arab countries, we feel it would be important for officials at the airport to
b 70 - 1
have the No-fly list. We are attempting to connect individuals atl
IWith someone in
Washington, so the list can be directly transmitted to them. Do you have a name we could give, either at b 7 E - 1
TSA or the Pentagon?

I

I

=:=J

Additionally, I have read many e-mails back and forth on the topic of dissemination and nothing seems
clear. I assume the US military can have a copy of this list. If not, kindly advise.
Thank you.

I

I

b7C -1
b6 -1

cc:

r-----""""ll

TSA LIST PROCESS

b2 -4,5

I

From:

To:
Date:
Subject:

I

b7C -1,2

I

ALI~

b7E -1,2

PROUP; Aviation Field 17
Die Sep 17 20Q2 8:05 PM
jand No Fly List

b6 -1,2

I forward the attached for your information. Knowing this group, there will undoubtedly be some wise
comments and observations, which I welcome.
Thanks.

cc:

Aviation-CIRG&Training; Aviation-CTD; Aviation-D...

AllINFORMA,.'ON CONTAtNfD
,

H~R :~~

()

s~~a~~ ~~ Iof) NLS A G CA L

~ I'}') 9

SUSSMAN-1SS

b7C -1,2

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From:
To:
Date:

SUbject:

b6 -1,2

L:
T""'ue--=s:-ep""':')=7,-::2:":0:-:::0:::'"2,....1;-::2::-:1:-:P::':M~-Re
and No Fly List

r

~nted to get back with you concerning our conversation, 09/17/2002 and your request to have b2 - 4

[

1

=::Jremoved from the no fly list. I have spoken with several individuals concemin this TSA
and others to t to et to the bottom of this.
How
r

b 7C - 1 , 2

b7E -1
b6 -1,2

108/21 1:05 PM »>

b5 -1
b7C -1,2
b6 -1,2

~. can you and the Terrorist Watch List Unit anOevisit this matter and see if you can g e D
L-Joff the list?
Thanks.

b2 -1,2

ss4
I(fax)
Civil Aviation Security Program. Room 11795
Domestic Terrorism Counterterrorism Planning Section
Counterterrorism Division
I
kIDleo.gov

»>1:

b7C -1,2,3
b6 -1,2,3

b7C -1,2

18/20/023:41:04 PM >>>

Aloha 1

I

b6 -1,2

Attached is an e-mail documenting concerns of a Hawaii resident by the name ofl
Iwho is
bein fre uentl sto ad and questioned at '{arious airports based upon the similarity of his ·name with
Can you offer any suggestions as to how this Hawaii resident can obtain some
~re~I'!':leTr-ro=:m=-nt::"!'/s~sc::ru:-::t~in~y~.-,lCan a computerised entry be made on the no-fly list thatl
~ith the
particular biographical descriptors is not identical t~

I

Thanks.

ICounterterrorism Squad. Honolulu

SS~L..-

cc:

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AtlINfORMATION CONTAINED

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.

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5U55MAI\I-156

b7C -1
From:
To:
Date:
Subject:

I

sal.sep 28. 2002 1:39

pl

b6 -1

Re: TSA No Fly/Selectee list

b2 -4
r------------------------------------, b7C
-1
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»~
~/27/02 2:48:41 PM >>>
Just a heads up to avoid unnecessary calls for air carriers who want us to check TSA's No Fly/Selectee
lists. The individuals here in the Watch list have been told to respond to FBI requests to check TSA's
lists. but we have advised them not to provide information from TSA's lists to air carriers since the lists are
In the near future, but for now air carriers
not the FBI's lists. I will be discussing this wit~
should be directed to TSA's 2417 watch office at
I Thanksas well as the answer we provide
to congressman writing on behalf of their constituents.
b2 -1
b7C -1

cc:

b6 -1

5U55MAN-157

b7E -1
b6 -1

From:
Sent:
To:

~~~~~une 26,20024:58 PM
b7C -1
b6 -1

Cc:
SUbject:

A lists

Monday at 3 is fine with me. 1may be bringing a TOY agent with me, as that is his first day here and he is an Airport
Agent. so this will provide the field perspective, if any such questions arise.

~

~/26/02 4:45:26 PM »>

.

c:=Jet al: TSA Counsel called and suggested Monday afternoon at 3. Is that okay with you? I assume over here so I
have reserved our OGC conference room, 7426. I'll clarify details and talk to you before that.

r--....,r--:--""":""":~---'06/26/02 10:50AM >>>
please set it up as soon as possible, Mon afternoon or Tues. thanks.

~

b7C -1,3
b6 -1,3

16/26/02 10:47:21 AM »>

~Iet me know when the meeting is going to be, and where.
Thanks

I

b7C -1,3
b6 -1,3
06/25/02 05:00PM >>>

1-----..~a~re~'~yo~u~a-v-a""l'll-,ar-r-e......
e a r l cweek
t
to go over the No Fly and Selectee lists with the TSA Counsel? As I mentioned in a
r ious email, I spoke wit
makes one a "known" vs a

»

POSSI

esterday about the list "basics", but I was not able to identify the criteria, for one, as to what
e" threat to aviation, and other issues re interviewing passengers on the basis of the list, etc.

125/02 1:41 :21 PM »>

ca e
e SA counsel and he wants to meet w/me. you andc::=Jto learn more about the watchlists and what ~.liie
~ ou d all do about it. I think thars a good idea. What is your availability this week and next? and can you find out what

I

IS?

----

»~

106/24/02 12:19PM >>>
Attached are two pieces which I've written or contributed to relative to the Watch lists.,Jn."kOhlOPd", the second "bullet"
talks briefly about Project lookout transitioninr. into the current Watch lists. "feingold l....}Npd" IS more exte.nsive. and is a
combination of answers provided byl
and me about the TSA lists versus other lists, Le., the FBI's Terrorism Watch List.
b 7 C - 1, 3
Perhaps this will give you some additional info. maybe not....
b2 -1
b6 -1,3

c::=J
SS~

I

_

I

I<fax)
Civil Aviation Security Program, Room 11795
Domestic Terrorism Counterterrorism Planning Section
Counterterrorism Division

~leo.gOV

b2 -1,2
b7C -1
b6 -1

SUSSMAN-1S8
1

ACummings

From:
Sent:
To:
Cc:
Subject:

D

c5
Q

b7C -1,3

hU:da: JI:::Z. 20:2..1'1.D pM
b6-1, 3
;:-~:=~-~
aHBI couJ mTSA lism

=:

~ ~ c _ ~ ~ 33

if at all possible I will attempt to attend this. AMC
lwJ26 10:50 AM >>>
please set It up as soon as possible. Mon afternoon or Tues. thanks.

b7C -1,3
b6 -1,3
b2 -1

16/26/0210:47:21 AM:>>:>

us

me know when the meeting

IS

gOing to be, and where.

c::::i
6125102 05:00PM >:>:>
next week to go over the No Fly and Selectee lists with the TSA Counsel? As I mentioned in a previous email, I spoke with
esterday about the list "basics", but I was not able to identify the criteria, for one, as to what makes one a "known' vs a 'possible" threat to
aV18 on, and other issues re interviewing passengers on the basis of the list, etc.

F....:..Lr~re~¥~o~u-:a-va-:j:-Ia':"'b1:-e-e..lal':r1y

51021:41:21 PM

>:»

r"""'".....,I":"I-ca-:ll:-e"":'d":':'th-e-:!T~~S:A~counsel and he wants to meet w/me, you an~o

learn more ~watchlists and what we should all do about It. I think
a good idea. What is your availability this week and next? and can you find out whaL..JiS?

IEXc=J
:»~
106124/02 12:19PM »>
Attached are two pieces whictll've written or contributed to,mlalive to the Walch lists. In "kohl
the second "buller' talkS~'t Project
Lookout lransilioning into the current Watch lists...feingoldl......Jvpd· Is mQre extensive, and is a~i~;lion of answers provided b
nd me
about the TSA lists versus other lists. Le., the FBI's Terrorism Watch List. Perhaps this will give you some additional info, maybe n ....

r-l..rvt",

D

ss~i=---------kfa)(1

!'

GM Aviation security Program, Room 11795
Domestic Terrorism Counterterrorism Planning Section
:Counterterrorism Division

I

~

b2 -1,2
b7C -1
b6 -1

All1r:rtfij
r,OMlAlMEil
HERE!
L SS!F~<g /
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ACummings
II Wednes~, August 07, 2002 1049 PM

From:
Sent:

To:

b7C

Cc:
SUbJect:

b2
b5
b7E

will
All, the No Fly and Selectee lists are controlled by the TSA and as SUIP-hb.d
• L.bl::~Wlmil:Ii1lill1.tDL.IJba1JmW!n~iiza
ajlttjsiol[n!...JT[!Jh!!i!elF]BlLl!w:!at~c:!lh.!!li!!stllis!..!l:not2!..!toL.....,
be disseminated outllide of the U.S. intelliaence community if that farJ

~6p--

__.. . .

~8f05 6:52 PM >>>

b7C

This is probably a tricky question depending on to whom you wish to give it and why. If you have an FAAfTSA rep at your embassy. it might be best to
discuss this with them and let me know what they say. I've been answering this question for other legats, but each lagars situation may be different.
I think it should be disseminable to liaison contacts responsible for aviation-security matters, meaning the police at the airport YttIo will be interviewing
potential matches to the list. You can't conduct the interviews... Beyond that, we have made no decisions as to putting these folks in NCIC, and what
to do if they are stopped on a street corner. I am permitted, by TSA regUlation now, to disseminate within my agency, and the carriers are pennilted to
disseminate locally to law enforcement. so if you give it to law enforcement. same thing.
Hopefully, you can look at the purpose of the list. and go from there. Thanks for your Question. If you run inlo problems or other questions. please let
me know.

~

L--J

~5/021:11:06AM>>>
b7C

Can we dissseminate this list t~

CJ

.-»~

--I

I

08/01/02 05:58AM >>>
I've received a couple of Questions from legats about the lists, such as whether the names are in other databases. etc. I'll answer as I can and ce
everyone, and then try to compile a comprehensive info sheet at some point. For eKample, since the FBI is only one contributor to these lists, I cannot
say what other databases may contain ALL the names. However, it is very likely that a lot, if not all, of the names are in TEeS and VisaNiper. because
those agencies often receive the same info that the FBI receives, and those agencies input names whether they end up on the TSA lists or not. I am
hoping that any FBI entity which adds a name to this list also sees to ilthat the name is added to all the other lists as well.
Please fOlWBrd this maN as appropriate within your offices and to CP/Duty Agent. Thank you.
.... Recipients of this mail have either been designated as Airport Uaison Agents or have duties and responsibilities which necessitate, or are enhanced
by, awareness of Transportation Security Administration (TSA - lonnerly FAA) security infolT11ation.

I

These lists and general guidance for FBI response to possible name matches on TSA lists may be found ad
on
the FBI Intranet. and also on LEO, Special Interest Groups, FBI, Member Area. The lists are sorted two ways, alphabetically and by SID (Subject 10)
number.··

ss4

~faX)

Civil Aviation secunlY program, Room 11795
Domestic Terrorism Counterterrorism Planning Section

I

CoII0:Fivlsion

b2
b7C

1

SUSSMAN-161

b2

5U55MAN-162

I

From:
Sent:

I

b7C -1,3
b6 -1,3

To:
Cc:
Subject:

r1Another fine issue to out on vour elate. Some time aao we aot into a "discussion" with TSA aeneral counsel about criteria to out oeoole

""""Ori'1fie No-FI" I I",' I

I

Haven't heard anymore from !SA on doiOQ this byt I believe

I

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rt_ ~"'Ip

Ib" -

-

,"," .._

we shoyld start thinking about it \
...... CJ dp

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Anyway, something more to think about.

b2 -4
b5 -1,2
b7C -1,3
b7E -1
b6 -1,3

D

1

SUSSMAN-163

----=:---~I
Thursday, October 17, 2002 11 :23 AM

From:

Sent:

I

To:

Cc:
Subject:

,

b7C -1
b6 -1
b7C -1
b6 -1

Fwd: Re: Terrorism Watch List, etc.

_ _---lll have dealt Wi~
lin DT (who disseminates the No-Fly list to field offices and provides them guidance on what to <jg..iD.....
response to a "hir) and the TSA people on these concerns a few months ago but not the lWL people directly. Feel free to send it to
although I realize the criminal law/procedure concerns are not really his job to tend 10 directly.
b 7 C -1

L-----.J

b6 -1

»

10/17/02 11:06AM >>>
I sent the information to you for the criminal law issues that you raised, and not the intel issues. I can't determine from your res~
whe at you are dealing with lWL people regarding the issues you raised in your response to me. If not, I'll forward your response tOL-J
unless you did so separately. Thanks.

I~~b

I

J'i17I02D946AM»>

I
~
~....;..I,,

r--"1..

I
I

10/16/0201 :56PM »>
--.Jmentioned that you would be reviewing this for ILU.
...

1

b2 -4
b5 -1,2
b7C -1
b7E -1
b6 -1

SUSSMAN-164

From:
Sent:
To:
Cc:
Subject:

I

I

b7C -1
b6 -1

Fwd: Re: Terrorism Watch List. etc.

L-_I

6
>

----]1011610201:56PU»>
fnentioned that you would be reviewing this for ILU.
IS IS tYl

1

b2 -4
b5 -1,2
b7C -1
b7E -1
b6 -1

SUSSMAN-165

_ _ _ _ _ _ _ _ _ _1

From:
Sent:
To:
Subject:

_

I Thursday. tOctober 10. 2002 9:11 AM
I Fwd: Re: Terrorism
I
Watch List, etc.

b7C -1
b6 -1

~_--

I::::::::::;---

1_-

»~
110110/02 07:53AM >>>
How come you were not part of this e-mail? Are you aware of this? Please review and let me know what you think.

1

b2 -4
b5 -1
b7C -1
b7E -1
b6 -1

"

'-----_....I--------------...;...-------I
~'Ifft;.,....-,

b7C -1

From:
Sent:

1Hursdav, AU]"'l 01, 2002 10;18 AM

b6 -1

I~....- - _.- - - - - - - - - - - - - - - I

To:
Cc:

b7D

Subject:

c=J,vhen do you think we will know and should we push for the delay (wit~
~ for the reasons that we have il
to know how soon we will have our own house in order and can discuss
with th~
it is very hard to say-but it has to be sooner rather than later. 1suggest we try to delay a month ar
. .. thIS Issue In house with the right senior people right away.

I

-1q-

12

£J.b7C -1
Jb7D -1
b6 -1

JIIth

I

I

b2 -4

I~

I~~~=:

c:::J

»~------I07/30/0209:55AM »>

b2 -4
b7C -1

. All - Re previous mail,. the day was incorrectly listed as Tuesday, and because the flight time from Dulles
b7D -1
~.mtiI9:S6 am~
~cheduled the meeting from llam - lpm. I've made the
doesn't arriv~
b7E -1
change in the original mail below. In additIon, there will be no discussio~
Ias the No b6 -1
Fly List issues will undoubtedly take up the whole 2 hours.
I will be attending, as willi
Ifor TSA. I
strongly suggest that as many of you plan to attend as possible (with the possible exception ofTMU),
FYI - Thel

I

land TSA considerl

trSA No Fly List matters (rm

D

2 _4

IThe list is known as the "FBI Watchlist" in~ 7 C ~ I, 3
I

I

circles and the TSA is referring all complaints from citizens to the FBI,
Now, I dOb 7 D -1
mind that as I believe I am able to explain to them how it works and some of their options for contacting the b 7 E -1
airlines, as in most cases, it is the airlines that are causing delays by not clearing the passengers when they C.J1I~ - I, 3
Thankyou·D

b2 -4
b7D -1
b7E -1

SUSSMAN-167
b2 -4
b7D -1
b7E -1

Thank you.

b2 -4
b7C -1,3,5
b7D -1
b7E -1
-1,3,5

?b6

.
c:
~==========~~ -----AL-

----------------------~----------------------------------------------------------------------

E<-m~

_

Subject: RE: TSA No Fly List
Date: Ibu, 18 Jul 2002 13 :51 :03 -0400

-----Original Message----Fromi
I(FBI) [maHtol
teo.gov]
Sent: July 06, 2002 2:51 PM
1...-_To:1
~(E-m~a'l;
Cc:.
~E-mail)
~(E-mail)
Subject: Re: TSA No Fly Us

L

o

sorry, I was looking on the wrong lists - it looks like there is ~L...2

b6

b7C -1,3,5
-1,3,5

~m the most current Selectee

SUSSMAN-1G8
List 44.

D
r -........_--~~--:----------lLm"'

----J

tillstate.gov>; 1

HelloO

(E-mail)"
_

b7C -1,3,5
b7D -1
b6 -1,3,5

1

I

hat there is no more
~ either of the two lists
F,IY 73 or~selectee 44), so
should have no more problems tor now. However, if anothe
hould be put on the list,
s name would trigger something. Your advice was the best that could e given under the circumstances. I
don't know if FBI put him on the list or not.

O

Mr·1

b7C -2,5
b6 -2,5

I

ISupervisory Special Agent
Civil AViation Security Program
Special Events Management Unit, .Room 11795
Domestic Terrorism Counterterrorism Planning Section
Counterterrorism Division
Federal Bureau of Investigation

I

b2 -1,2
b7C -1,3,5
b7D -1
b6 -1,3,5

~fu~

b7C -1,2
b6 -1,2

There is a specific case involving the TSA List whi"folh~i :...&.'........"""""................~....II'l~~~~-............e list contains the
name:1
~
Iwe have a Mr.
ho is continually
denied access to the automated check-in and is 'ven e t r e ee every hme e les.
e problem is our
hich means that he a member o~
I
r.==;..;;t;;;;.o..:;tr:.;;ave t e world for preparatory meetings related to
.F;;.;..,;;;....;;;.;;;.;.;.;=....;;..::::.L..
...&,;,;to;;..b;;;.o;;.;o;;.;;k;;.;h~is ticket using his full names which
His travel agent has added his Frequent
'--.........-.......-:~':"":"'''T"""-------.:~=-=-'
OB, Passport # and Country of Issue so he can
~':""""I'--""
hen he travels to
th
Still he get's hassled. Is there anyway way for
you folks to verify whether you
's still a valid name, add more details or delete it? We're still
looking forward to meeting with you folks to try and come to grips with the TSA List issue.
3

-

SUSSMAN-l&llt~ ....

Att INFORMATlON ~Ol{~

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From:

Sent:
To:
Cc:
SUbJect:

Tuesday,

JUjI 30,200210:19 AM

1'171:"
b2 -4
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/
(b7E -1
b6 -1,3,5

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~-----I.-_--

ff}

#1~

l-J
»>I,...-----~07130102 09:55AM »>
All- Re previous mail. the day was incorrectly listed as Tuesday, and because the flight time from Dulles b2 -4
doesn't arrive!
luntil9:56 amJ
Ischeduled the meeting from Ilam - Ipm, I've made the b7C -1,3
change in the original mail below, In addition, there will be no discussionl
las the rb7D -1
Fly List issues will undoubtedly take up the whole 2 hours,
~ ~ E_ ~ ~ 3

I

I will be attending, as willi
for TSA. I
strongly suggest that as many of you plan to attend as possible (with the possible exception ofTMU).
-

FYI - Thel
land TSA consided
trSA No Fly List matters (I'm still
.I
IThe list is known as the "FBI Watchlist" in alb2 - 4
circles and the TSA is referring all complaints from citizens to the FBlJ
I Now, I don'1b7E -1
mind that as I believe I am able to explain to them how it works and some of their options for contacting the
airlines, as in most cases, it is the airlines that are causing delays by not clearing the passengers when they cab2 - 4
b7D -1
b7E -1
Thankyou·D

Thank. you.

b2 -4
b7E -1

---------------------------------------------------------------------------------------------Fro~
@state.gov>
To:L
r,..F'I'IB""I)~"'r-<~C----.....JIE-mail)"'I------------_----II
~~~

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SUSSMAN-170

~E-mail) ... 11---

·CC:I.....

I<IL.-

I<IL.-

I<

Subject: RE: TSA No Fly List
Date: Thu, 18 Jul2002 13:51:03 -0400

..uh2 -4

1...-

b7C -1,3,5
b7D -1
b7E -1
b6 -1,3,5

-----Original Message-~--From: I
tFBI) [mailtolL....-__lmleo.govl

Sll:JU1:06~I):51
PM
To:
(E-mail}J

I

Cc'

JE-mail)

SUDJect: e:

E-mail)C
No Fly List

List 44.

b2 -4
b7C -1,3,5
b7D -1
b7E -1
b6 -1,3,5

Bev

i-=-..L..----.......

---A.

......

(E-mail)"

.......,._ _--'~state.gov>;I----J-~......,'""""'"oorrl~:"':,~~

b 7 C -1, 3, 5

b7D -1
b6 -1,3,5
2

b7C -1
b6 -1

SUSSMAN-l7l
b7C -2,5
b6 -2,5

Subject: Re: TSA No Fly List
HelloO

I

I

C

Ion

It appears that there is no more
either of the two lists
~hould have no more problems tor now. However, if anothe

Selectee 44), so Mr.1
should be put on the list,
his name would trigger something. Your advice was the best that could e gIven under the circumstances. I
don't know if FBI put him on the list or not.

I

I

Supervisory Special Agent
Civil Aviation Security Program
Special Events Management Unit, Room 11795
Domestic Terrorism Counterterrorism Planning Section
Counterterrorism Division
Federal Bureau of Investjgatj0fcfax)

b2 -1,2
b7C -1,3,5
b7D -1
b6 -1,3,5

I

b7C -1,2,5
b6 -1,2,5

There is a specific case involving the TSA List which is a slightly bigger problem for us. The list contains the
Iwe have a Mr.1
IWho is continually
name:
denied access to the automated check-in and is .ven the third de ee every time he flies. The problem is our
hich means that he a member o~
L-._-------......'-=ilC. means t at e IS reuired to travel the world for preparatory meetings related to
We have advised ou
0 book his ticket using his full names which
matl-c-~o~s~e~o~n~~s~p~as~s~po~rti.e.
is travel agent has added his Frequent
DOB, Passport # and Country of Issue so he can
Flyer details to all his bookin and provides Mr,
checked out early thrOll
hen he travels to the States. Still he get's hassled. Is there anyway way for '
you folks to verify whether you
s still a valid name, add more details or delete it? We're still
looking forward to meeting with you folks to try and come to grips with the TSA List issue.

I

--,

I

3

SUSSMAN-172

I

From:
Sent:

b7C -1
b6 -1

I.~ .~~:~:"I"'~~:~;.~'r""~_1y_23_,_20_0_2_10_:_17_A_M
.

To:
Cc:
Subject:

C

I

IACUMMINGS

et al: This is to confirm our understanding in OGC of yesterday's meeting. We all recognize the needs:

I

I
I

I

D5 - 1,2

I
I

I

I

Obviously, CTD will have to address the last three of the four items listed above-although OGe will certainly help wherever we can. However,
we can and should play an integral role in developing criteria. We can work on criteria in theory but we really need to learn the track record of
experience so far.

Let me know if your understanding Is different than what I have described and please let us know how you are' progressing in finding out the
actual criteria used so far.
b5 - 1, 2

Thanks/~~

.....1

b2 -1
b7C -1
b6 -1

b7C -3
b6 -3

1

taA-:lf:-J.4 '/177 .

5U55MAN-173

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'---------...
-:::::::::::------------------~iD
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From:
Sent:

8

To:
Cc:
Subject:

e:

JU'Y 03. 2002 9_:0_4_A_M
0

7C -1,3
b6 -1,3

_

MBOWMANJ
y and Selectee Li~(s

IACUMMINGS; MKING

p

1~I=n=th=e=e:;_n-d-,

....

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ea

------------iJ _

D

_ev_e_n_t_houg
__h_w_e_a_r_e_d__l_i_Q_W_it_b_Ii_st_s_O_C_Q_rP_y_p_in_QS_Of_p_e_Q_PI_e_W_h_Q_a_Cft_iQ_ip_e_d_too_e_th_ft_r_by_al_

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b6 -1

107f02I02 07:39PM »>

'eed to ....... " ' . ' ,

._Ioy.... _

I

BIl'lIIIliltill< III "'*' Ng Ely ......-

... PI",","" OS' ",,",.!dum

IroW lb. E!!l

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the FRI'.. role in -_..,-- ~-~, •.:.., '

Thank you so much for the detailelS le""\ nninlon aM

Iwe sti'

4

QIIh. . . . . _

.

1

.1

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...... 1

1
1.JILttb~e.tE.tIRI.iIaiUDWd.lllbgIJll..TLOS:t./;A~caWillln:tllDQwt..ilaWgrelaileLI

~

Regarnsc:::J

»>1

t12l02 11 :59:21 AM »>
n e sneClnc 5tatUtorv citation for the terrorist watch Iisd

.....II
b7C -1
b6 -1
I

2 -4

b 7E -1

SUSSMAN-174

b2 -4
b7E -1

'---------r=========::;---------I
thel=="':":':m="'~.------------....J~n
My next move is to consult
for No-Fly decisions after I discuss

thIS

WIthin

the DAG's office-about the issue of the legal basis

OGC.

b2 -1
b7C -1
b6 -1

1----;::::::===:::::::=....1·
eLl

107/01102 07:32PM »>

r-------------------------------.....,
~--~~~':"":"'=:__:_~-----~--_:__~.
as

,
i1ation
Security Act (ATSA) of 2001, passed on November 19.2001, mandates in Section 101, (a), §114 (h)
entitled "Management of Security Information", that the Under Secretary of Transportation for Security
b2 -4
b7C -1
shall:

L..--:--

a

go into additional legal citations from the USA PATRIOT ACT that might be pertinent, but the Aviation an

r ns

b7E -1
b6 -1

(1) enter into memoranda of understanding with Federal agencies or other entities to share or
otherwise cross-check as necessary data on individuals identified on Federal agency databases
who may pose a risk to transportation or national security;
(2) establish procedures for notifying the Administrator of the Federal Aviation Administration,
appropriate State and local law enforcement officials, and airport or airline security officers of the
identity of individuals known to pose, or suspected of posing, a risk of air piracy or terrorism or a
threat to airline or passenger safety;

(3) in consultation with other appropriate Federal agencies and air carriers, establish policies and
procedures requiring air carriers-·

(A) to use information from government agencies to identify individuals on
passenger lists who may be a threat to civil aviation or national security; and

(8) if such an individual is identified, notify appropriate law enforcement agencies"
prevent the individual from boarding an aircraft, or take other appropriate action
with respect to that individual; and

(4) consider requiring passenger air carriers to share passenger lists with appropriate Federal
agencies for the purpose of identifying individuals who may pose a threat to aviation safety or
national security.
Personally, I think that this about covers it, and hopefully, the FBI will be consulted on.l"'-'-'re=v=i=io::.:.n........._.l.K-.I.MI..-.,
Securi Directives to be more clear about who is to contact whom in what situation.
t---~~=~=~~~~=~~=~~===~=~~"I"'I"I"~~~,....",..,"""""'=,...._----...lb2-4

b5 -1,2
b7C -1
b7E -1
b6 -1

I hope this helps.

Mt'-SSAI

I

__ <fax)
2

5U55MAN-175

-..
Civil Aviation Security Program, Room 11795
Domestic Terrorism Counterterrorism Planning Section
countertejOriSm Division
eo.gov

I

b2 -2

b7C -1
b6 -1

b7C -1
b6 -1

;;~
As CDC of

I

~/27/02 5:05:03 PM >>>

the

offiBce

Pivision, I have been asked to obtain some information for the United States Attorney's
::::Jconcemlng the legal authority under which the FAAJTSA promulgate the No Fly and Selectee lists. P
from the United States Attorney's Office were recently afforded a briefing regarding the No Fly and Selectee lists by S
c::::JAirport Liaison Agent. Following this briefing, SAC:::Jreceived a request for additional information which has been
forwarded to the CDC for handling.

I

My understanding is' that the U.S. Attorney's Office would like some assistance in identifying the specific
statutes/regulations/executive orders or any other enabling provisions which grant authority to the FAA andlor TSA to compile
and disseminate the lists. There is no known agenda attached to the request other than further informing the understanding of
appropriate personnel regarding the program.
I ho e that you may be of some
I have read the "Notes and Guidance" which you prepared on 03/25/2002 and accordin
help in responding to the request from the United States Attorney's Offic9...-:---~r-----,..J If your Unit maintains
responsive information, please forward same to my attention. I may be reached a

3

b2 -1
b6 - 1
b 7 C -1

~

SUSSMAN-176

From:
Sent:
To:
Subject:

I

b7C 1b6 -1

I

Thank you all for working on this situation and for your patience with my frustration to get to a logical and streamlined
process that is written down, legally defensible and understood by all. I do believe that these discussions will enable us to
provide TSA with the information they seek, and we will all be more clear, too.

Ir======================;I

-----J

Thanks againD

b5 -1,2
b7C -1
b6 -1

1

b~U~~~N-177
b6 -1,2

From:

Sent:
To:
Cc:

I Monday, July
I 29, 2002 3:32 PM

Subject:

b7C -2
b6 -2

Occasionally I get calls from passengers who match No Fly names, looking for some guidance and potentially a solution to
be stopped all the time. Although there is no way to prevent the initial "stop", I usually try to make sure that all possible
procedures are being implemented to avoid delay to non-matches and to avoid the FBI or police being called
unnecessarily.
I don't know if what he says is true, but I'm hoping that you can
L....::!'=er:e~rm=ln~e""T.:':ro:-:m::-;:h:;:im::-uth::-:e::-e':'"x~a:-:c:7t-::n-::at:":"u:-:re":"""":'o~f "':"wh':""":'"at:':'"'s:"""h:-a:-p:-:p:-:e-::n":":in:-lg, and if it sounds like there is something the airlines or the police
could do better, maybe you can facilitate that.
He understands (1) that there is a list, (2) how he matches the other 3 names, but has no other criteria, and (3) that he
needs to be "cleared". However, he says that in Jacksonville, it's more difficult and involves the police, whereas in larger
airports, the airlines clear him directly. Furthermore, he said the police in Jacksonville talked about having INS talk to him.
That's when he got upset and said he is a U.S. citizen, etc etc.....He says he's made a several calls to the TSA and local
FBI, and ended up with my name....
He also says he spoke in person with someone at the Jacksonville office, but he couldn't remember their name and he
said the person was "dressed down" so maybe he wasn't an agent. He said the person was very kind, but couldn't assist
him.
He has Frequent Flyer numbers so I told him to contact the airlines to see if the corporate security managers of those
airlines could find a way to have the Jacksonville personnel clear him without the police. I told him that not all airlines have
implemented systems that can clear passengers who only match one criteria, so I also told him that he can contact the
airport police in advance of his check-in, to alert them to his arrival, to avoid delays. Those are the only two solutions I
could offer him.
Do you know this gent1eman? Please see if you can find out what might be happening in the airport, with the airlines and
with the police, i.e., are they delaying him unnecessarily, or is he a close match to the names on the list? Seems to me
that if he is a regular traveler, Jacksonville Airport employees and police should be able to clear him pretty quickly. If you
work something out, please let me an~
~nQw. You will be doing everyone a great service!
b7C -1,2
b6 -1,2

Thanks·D
Lastly,

1

.

SUSSMAN-178
.;~

_____I~~
I

From:
Sent:
To:
Cc:
Subject:

-~.........-----

I

b7C -1,2

C::'~~':I~?:s~~I""'?_3_'_51_P_M

I

....J~

b6

~L

2

I

Immediatelvafter I sent my previous mail, I received an email froml
Attached is that mail and my response.
--------------------'
b7C -1,2

Thanks for looking into this situation.

b6 -1,2

D
I_ _r------------------------------------------------------------------Occasionally I get calls from passengers who match No Fly names, looking for some guidance and potentially a solution to
be stopped all the time. Although there is no way to prevent the initial "stop", I usually try to make sure that all possible b 7 C - 2
procedures are being implemented to avoid delay to non-matches and to avoid the FBI or police being called
b6 -2
unnecessarily.

He understands (1) that there is 8 list, (2) how he matches the other 3 names, but has no other criteria, and (3). that he
needs to be "cleared". However, he says that in Jacksonville, it's more difficult and involves the police, whereas in larger
airports, the airlines clear him directly. Furthermore, he said the police in Jacksonville talked about having INS talk to him.
That's when he got upset and said he is a U.S. citizen, etc etc.....He says he's made a several calls to the TSA and local
FBI, and ended up with my name....
He also says he spoke in person with someone at the Jacksonville office, but he couldn't remember their name and he .
said the person was "dressed down" so maybe he wasn't an agent. He said the person was very kind, but couldn't assist
him.
He has Frequent Flyer numbers so I told him to contact the airlines to see if the corporate security managers of those
airtines could find a way to have the Jacksonville personnel clear him without the police. I told him that not all airlines have
implemented systems that can clear passengers who only match one criteria, so I also told him that he can contact the
airport police in advance of his check-in, to alert them to his arrival, to avoid delays. Those are the only two solutions I
could offer him.
Do you know this gentleman? Please see if you can find out what might be happening in the airport, with the airtines and
with the police, i.e., are they delaying him unnecessarily, or is he a close match to the names on the list? Seems to me
that if he is a regular traveler, Jackson~jIIe Aim()~ employee!s and police should be able to clear him pretty quickly. If you
Jknow. You will be doing everyone a great service!
work something out, please let me andl
Thanks.
Lastly,

D

b7C -1,2

b6 -1,2
;',Ll l/;UK :i;dfJi'

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i.

i;O,\ilillf'!£1l

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SUSSMAN-179

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b7C -1,2,6
b6 -1,2,6

eo.gov

ALllNFOR1AiiON CONTAIN£[}
I1fRH
SIFlE!} -

rATE.

2002 15:46:48 -0400

Dear Ms .1

____

"'''7' A/udALiR

c~ IVJ.Jf"'7"-

~-1?1f

Thank you for your email to explai
ience at Jacksonville
Airport. please understand that it lS not
who is on the NO Fly
list, but similarly nam:d ~eoPle who may p
r to aviation.
AS you
might imagine, I
experience is repeated across the country with
the more common names,ot in Arabic and English. It's difficult to be too
cautious. procedurally, when people with names similar to names on the list
present themselves at the ticket counter with their identification, airlines
are given the option of determininQ for themselves that the passenQer is not
the person on the list. Some airllnes either don't have the capabllity or
don't accept the option to make the determination, and therefore they must
contact the airport police for a decision. If the police were checking
databases.
it's possible
thr:.d:::~t,iant
until isthey
were absolutely
sure of who
was, toor render
wasn't.a decision
unless there
a
real question as to whether
is the same as someone on the list,
clearance should not take m
minutes.

b7C -2
b6 -2

land it sounds like a problem with
I just got off the phone withl
the airlines at Jacksonville airport, because!
ladvised that he
didn't have the same problem at Dulles in D.C. I provlaedl
Iwith
some guidance for contacting the airlines with whom he has a Frequent Flyer
number, and also for initiating contact himself with the airport police
prior to arrival at the airport, to give them a heads-up.
In the meantime, I knowl
\ spoke with someone today at the
Jacksonville FBI office, but I dlon't recognize the name of the person he
spoke with. Therefore, I will be contacting two experienced aviation
security agents in our Jacksonville office for follow-up at the airport to
see if there is a problem which can be easily rectified.
sincerely,

IC1V11

I

supervisory special Agent
AVlatlon security program
special Events Management unit, Room 11795
Domestic Terrorism Counterterrorism planning section
counterterrorism Division
Federal Bureau of InvestjgajiOn

I

_(h~

----- ori~inal Messa;~

~~~: I =

~~~!: Mon ay,
Subject: I
I Th:

=

;

3

b2 -1,2
b7C -1,6
b6 -1,6

I. com

July 2 . 2002 2:33M

FAA referred m~

t:

I

~:y ~~~arding
a "No Fly List" in which ourr
has i nadve rtent 1y been put on. AS k~e--:w::":':a:-::s:---

Ie OiilY JdLKSOliOI I e l i
III
ing, he was detained for forty-five (45)
minutes (and almost missed his flight to New Orleans) to be run through
every computer database that was available by the local authorities. The
local authorities suggested that he call the FBI to have his removed from
page 1

b7C -2
b6 -2

SUSSMAN-180

I

Re_1

this :Q-Called "NO Fly List". The TSA and FAA were also notified by both
~
Ioffice personnel, as well as myself. After numerous calls,
I~
trans ers, etc., we were directed back to the FBI.

I Jacksonv,'le,
lis a very well-known and respected physician
FL area (please refer to his website:!

here the

L
Quite often, he is required to travel out of state for seminars, business,
personal and other hospital related issues; and it is imperative that he
not be continually detained by the authorities. After the 9{11 terrorists
attacks. we understand the need for increased security; however, we hope
that I
Iwill not have to endure the humiliation and delay in travel
that he experienced this morning.
Hi s passport number is:

I

I

Hi s date of bi rth is:

on Monday, july 29th,1
Iwill be meeting with the local FBI here in
Jacksonville, FL. If there is any further light you can shed on this
incident, it would be greatly appreciated.

Page 2

b6 -2,6
b7C -2,6

SUSSMAN-1S1

I

From:
Sent:

I

To:
Cc;
SUbject:

No Fly & Selectee List ID Info

b7C -1,3
b6 -1,3

1'----_

I

I

Thanks.

Example

b7C -2

have been stopped several times, in San Diego (her h Q b 6
queried. Both
nd are U.S. citizens.
eported that she was una Ie
Lr",o""m""a"""'e"'a~~us~l~ne~s~s~m=e~e~ln~g~e~c~a:-=-u~s~e""s=e""m~1~ss=O:e~=o:""!l'!'lg=r:£.s waiting for the police a c ear er. She is concerned about
the embarrassment, the delavs: the effeyt on her employment and the potential trauma to her daughter if they continue to
be unduly delayed. I advisee( .
Jto contact the three airlines she flies regularly (Alaska, United, and Continental),
to see if they will be able to assist her by putting some bio info into their systems so that when she presents herself at the
ticket counter, she can be excluded as THE person 01) the list.

~=~....I.!.l:~~:ll:...W==.&.~~~~~~~;:':::;;:=~::1~;}~....-T:l-:.UIMo..I-,er daughter was alsol:toptPed ;n

t

-.,;;;..

-

.

1

~2

SUSSMAN-182

_ _ _ _1
From:
Sent:
To:
Cc:
SUbject:

I
I

_

I

.

~

.

I

b7C -1

Thursday, October 10,20028:07 PM

b6 -1

I
Aviation-CAS Program; TSA LIST PROCESS; TBUSH
Re: No-fly list

First of all, thanks to Tom Bush - I have him fooled, eh? :-)
1: Q. We have found out that there are passiblit~
INa-FlY lists being maintained and utilized at the
airport.
.
A. There is only one No Fly List - it is capable of being printed and the TSA maintains it, based on info from FBI,
CIA and other intel sources. The current list is #115, and it is about 41 pages long right now.
.

2. Q. The allencies havinll lists. as we know of are TSA, FBI and the airlines.
b2 -4
b7E -1

I
3. Q, These list are not comprehensive and not centralized.
"
A. The 1ists will never be comprehensive and centralized, as they have different purposes and are maintained by
different agencies. However. one day they will all be checked simultaneously (I will be retired by then!)

3. Q. Some subjects appear are one list but not the others.
A. I would imagine that the No Fly List contains some names that are also in VGTOF, but not all No Fly names are
in VGTOF, although they should be. There will never be consistency due to input mechanisms, etc. and purpose
of "lists."
4. Q. Some of the lists are old and not current. A. Throw old lists away and ask the agencies for new lists.
au up to date as best as I can with the TSA list. VGTOF is as current as the entries.

5. Q. Please advise how we can cet these oeoole on the No-Flv list ASAP.

b2 -4
b7E -1

6. Q. BU EC, Dated 10/09/02. titledl
hs a directive to field offices
confirming that all subjects have been appropnately watehhsted. We have contacted TSA today, 10/10/02 to verify if our .
sub'ects have been lace on the list and a ain determine that the have not.

D

I have to leave for the evening - I hope this helps somewhat.D

~

U e l l o froml
c::::Jwe here inl

Wu10102 12:12:44 PM »>
y u r New SAC, Tom Bush

b 7 C -1
b6 -1

~poke highly of you yesterday.

Ihave a problem and are wondering if you could
1

~elp us out.

'<'...'

b2 -4
b7E -1

We have found out that
b2 -4
b7E -1

SUSSMAN-183

I

there are POSSiblity~
No-Fly lists being maintained and utilized at the airport. The agencies having lists,
as we know of are sA, FBI and the airlines. These list are not comprehensive and not centralized. Some sUbjects
appear are one list but not the others. Some of the lists are old and not current. We ar, re,ally confused.

I

b2 -4
b7E -1

TSA at SIOC and
b2 -4
attempting to pace ese
Subjects on the NO-Fly IistsL."a"""g""'a"""In""w""'I"'" no success.
as ~ most b 7 E -1
helpful but we have not yet been able to get the sUbjects placed on the lists. BU EC, Dat~
.
, Itled
lis~a directive to field offices confirming that all subjects have been
appropriately watchlisted. We have contacted TSA today, 10/10/02 to verify if our subjects have beeri place on the list and
again determine that they have not. Please advise how we can get these people on the No-Fly List ASAP.

L-J

Thanks 1

_

b2 -4
b7C -1,3,5
b7E -1
b6 -1,3,5

"

"

2

SUSSMAN-195

b7C -1,3
-1,3

"'------------------------------..;b6

§

From:

Sent:
To:
Cc: .
Subject:

December 12

,

~0021:21

~

b1

~;C-~2,
3
b7E -1

PM

A:'STERZI; Aviation-CAS Program; TERRORIST WATCH LIST Unit; TSA L1STb6 -2,3

Re: No Fly List Issue

need

~--------------____L_=:::=I1(5)
Please talk to

b3 -2
b6 -3
b7C -3

I'm sure an expeditious response will be most appreciated by all concerned. ThanksD

SS~

hax}

Civil Aviation Security Program, Room 11795
Domestic Terrorism Counterterrorism Planning Section
Counterterrorism Division
_ _----J~leo.gov

b2 -1,2

b7C -1
b6 -1

bl
b2 -4

b7E -1

»> ALBERT J PISTERZl12/10/02 12:06:13 PM »>

L.....-_I

SAC Knowlton would like a resolution to a recurring problem we've encountered in LV regarding a No-Fly list (NFL) issue.

_ _ _ _ _ _ _ _ _ _ls)
50)
Your attention in this matter is very much appreciated.

IAt

b2 -1

llicfo8y:.~v/t..iJG/vs
(~
REASON: 1.5

: ..DECLASSifY ON: jew'?

-

/ ..

.is

e;if#= (J~ -/17 'I

ALL Tl"QURiLi:-'ao:: CC1:LdHED
tiEREU ;.S l"!'~ui\SSl}lIED EXCEPt
WHE'fL.~ SHo~rf, OTHr:mnSE.

b3 -2
b6 -2
b7C -2

~Y2~fJ1AN-197
b6 -1

I

From:
Sent:

To:

MOl iUdy, lUgust 05,20027:25 PM

Cc:
Subject:

b2 -4
b7E -1

No Fly Name & Frozen Money

I

I don't know anything about the freeze on his assets, but I've cc'd
financial Review Group, in the event he
can provide additional info.
----b 7 C -1
b6 -1
This is the best info I have at the present t i m e D

SS~
I(fax)
Civil Aviation Security Program, Room 11795
Domestic Terrorism Counterterrorism Planning Section
Counterterrorism Division
'-~leo.gOV

~7t

J

;~~~~

L

b2 -1,2
b6 -1
b7C -1

b2 -4
b7C -2,4
b7E -1
b6 -2,4

18/2/028:31 :04 PM >>>

't ~~~;e~ ;~~art on this issue and I thought you might have some advice. We received a call from a
who is a Sergeant First Class in the US Army stationed a~

I.

cd who was wondering if we could do anything to help his situation. He was very polite on the
.1 a
is stopped and queried by LE on a very regular basis when he tries to fly commercially.
Apparently the exception to this is Northwest Airlines with whom he has had an account for several years. He understands
Why, if you will, but wanted to know if there was anythinp he could do sych as using his full name instead of a middle initi~
when makin reservations, etc. He also recently had aL
J
L..."......,....,.".,.---,..,........,..-IF.....................,:mpted to send money to his wife in Memphis, Tenn. His mother resides in the UK and fears
o his mother, something similar will happen.
Having told you this 'fho1e story have you heard any methods for trying to preempt special attention at ~iroorts soqcifically
and othe~ places likEl
JI checked the most recent No-Fly and Selectee lists and found 3l
..Jon the
NF and 11
the Selectee. Are other offices reporting similar issues?

po

Just wondering if you had any advice...
Thanx

1

SUSSMAN-198

I

From:
Sent:

I
b7C -1,3
b6 -1,3

To:
Cc:

I

~~~~~~=~---------------------

Subject:

I

I

b2 -4
To your knowledge, have the TSA and the FBI agreed to a change in response protocols for potential matches on the No b 7 E -1
Fly List, i.e.,1
II'm sure that if there had been such a
major change in procedure, you would have let me know. I've seen no Security Directive to that effect and I can't imagine
it. Anyway, I ask because I think SIOC may have inadvertantly misadvised one field office to that effect, and that office has
asked for clarification. As far as' know, and please correct me if I'm wrong, the process, in a nutshell, is still as follows:
FBI acents oet contacted bv the local Dolice or air carrier to resolve Dotentiallist matches.

Is that still the procedure? Thanks.

SS~

·i

D

I<fax)

Civil AViation Security program, Room 11795
Domestic Terrorism Counterterrorism Planning Section
Counterterrorism Division
twleo.gOV

b2 -1,2
b7C -1
b6 -1

1

I

I

b2 -4
b7E -1

SUSSMAN-199

From:
Sent:

To:
Cc:
Subject:

I agree with your assessment of the needs, the rationale, the assistance OGC can provide, and hearing frO~~~,.....,....-,
(as to his perceptions and even to verify or confirm some of what we discussed yesterday· if he provides info that is at
odds with my under.standing of TSA's position or handling of things, please let me know.)
Thanks again.

b7C -1
b6 -1

»~

17123/0210:51:02 AM >>>
I would also add that OGC can help in the first category, establishino criteria inasmuch as we can oed

Isuaaestion

b5 1,2
b7C -1
b6 -1

I

LJ
-cl:----107/23/02 10:16AM »>
I I at al: This to confirm our understanding In OGC of yesterday's meeting. We all recognize the needs:
IS

~
.

1

L-

-

.......--

b7C -1
b6 -1

I

~L....------t-------­
I
I

-1,2

I

Obviously, CTD will have to address the last three of the four items listed above--although OGC will certainly help
wherever we can. However, we can and should play an integral role in developing criteria. We can work on criteria in
theory but we really need to learn the track record of experience so far.
b5 -1 , 2
To that e~ you agreed to consult with the cognizant peogle in the TWL unit and other IT SOIlCCRS to assemble
the actua!JL.

som~ ~ ~ C_ ;
.

I
';

Letme know if your understanding is different than what I have described and please let us know how you are progressing
.. in finding out the actual criteria used so far.
1

3

b7C -1
b6 -1

From:
Sent:

To:
Cc:
Subject:

Re: USA PATRIOT Act Sec. 1009?

o

boy, this is getting a bit complicated, Of course, I should have known that someone in the FBI was following the implementalb 5 -1, 2
requrrements of various parts of all this legislation, and usually I will end up with aviation-related things like this, but not this time. b 7 C -1
So, not only is Congress wanting an update, but now DOJ is tracking it too. Just gets worse, doesn't it?
b 6 -1
In response to your question, yes, I've developed a significant role in the watch list procedures and am privy, along with others, to
various info sharing efforts regarding comparing passenger data and names of known/suspected terrorists, but that grew independently
of any legisla '
,
"
ne icked it u "officiall". however that
ho efull will
b5

how they are envisioned?

b7C

Thanks. 1
__
6/19/02 9:55:49 AM »>
r--..,..yo-u-ma-y-re-c....
a I that back in November the FBI made a report to the AG on implementation responsibilities for rv,;;;;an;,,;;'o;.;us;;;;;..l;=;;";;';"'"
e
A Patriot Act. IRD designated then-DAD Frank Sauer as the POC/ticket-holder for Section 1009, DOl (OLP
is now calling for an update on implementation status (report was dues to Congress months ago). Now tha":-t""'ra""""T-r---,"""
from IRD, can you advise who has this ticket?

I

I

I computer" the names'
lSection
1009 requires the FBI to study and report to Congress on the feasibility of providing to the airlines "via
of passengers who are suspected of terrorist activities by federal law enforcement officials.. So I've also
addressed this to you on the chance that in pursuit of your other info-sharing efforts you might have picked this up???

Re: Overdue
Patriot Act requir...

1

SUSSMAN-200

b 7 C -1, 3
b6 -1,3

b7C -1
b6 -1

From:
Sent:

To:
Cc:
Subject:

o

Re: RE: USA PATRIOT Act Sec. 1009?

b7C -1
yes, I think so re coordinating and witOas POCo

b 6 -1

I I - as I ori~inallv stated, I think my draft letter is accurate, but should be coordinated/reviewed by others, which looks

I

IiJ<etJIS andL

I I - If you want to meet on the response I drafted and/or for us to gain a common understanding of the legislative intent
~ust let me know. Obviously, I could be off base because I responded only based on my own observations of the
current situation and what I know or think I know to be happening in other Bureau entities.
Thanks to a u D
»c===::::J6/20/02 9:24:14 AM »>
T~~om
the threads on this message, sounds like CJIS
thIS.

a

I

an~

...J

L...-

will want to get together on

~6/20/02 09:14AM »>

I

just talked tcf
and we agree that he is best sUiteLjke over this 1sponsirility for now. jf duties evolve into
something Jse, men we may have to reassign later. for now
is the man. ex
b7C -1
b6 -1
b2 -1
---OrjIDnal Messaae----

i wean.Sdav,;u~ 1~,

I

ZOQ2 9:55 AM

~~===============O:::::::======;-I
Subject: USA PATRIOT Act Sec. 1009?

0,
you may recall that back in November the FBI made a report to the AG on
implementation responsibilities for various parts of the USA Patriot Act. IRD
designated ~en-DAD Frank Sauer as the POC/ticket-holder for Section 1009.
DOJ (OLP'sL.
is now calling for, an update on
implementation status (report was dues to Congress months ago). Now that
Frank's moved from IRD, can you advise who has this ticket?

J

b7C -1,3
b6 -1,3

~--=-,I Section 1009 requires the FBI to study and report to
Congress on the feasibility of providing to the airtines "via computer" the
names of passengers who are suspected of terrorist activities by federal law
enforcement officials.. So I've also addressed this to you on the chance that
in pursuit of your other info-sharing efforts you might have picked this up???

"---,=,,,,""

1

SUSSMAN-201

b2 -4
b7C -3
b7E -1

b7C -1
b6 -1

b6 -3

From:

~&4-1'17"

1_ _1

Sent:
To:

Monday. July 22. 2002 1:48 PM

Subject:

Info fcf TSA Legal Request

ALL INfORMATION CONTAINED

~l~~~~~

L.....:~_~....Iseems to believe that he Is entitled to an immediate resRonse to his issues, when the FBI has been waiting since Nov 2001
for resolution to our issue~aSking them for I
Jto the watch lists and to cooperate on crafting the Security
Directives. They ignoredr
~anuary letter, and have yet to act, based on discussions held at a meeting in early June to go
over these Issues again.herefore, I don't know that we should be in any rush for him, but you have to keep letting him think you're
working on "it" - same tactic they use with us.

L:]is going to write the FBI a letter about what TSA wants to know from us about detaining passengers, etc. These are the points that
I think need to be iterated, among any others we might add about how a person gets on the list in the first place.

I

b2 -4
b7E -1

~--------------------------------'
1. What does the FBI want the TSA to "do" re a "No Fly" list?

o
d==================-I
I

d

I

d

I

qr-------~-

d~======~~
b2

HI

~..J...-_-l--------------------------------..J'b5

4

=1,2

b7E -1

1.1

---------------------

2. What Is the legal justification for what the FBI wants the TSA to do?
A. The legal justification for requiring air carriers to identify passengers on threat lists (including NCIC) and for preventing passengers
from boarding until and if identified as a "match" may be found In the Aviation and Transportation Security Act (AlSA) of 2001, passed
on November 19, 2001, mandates in Section 101, (a), §114 (h) entitled "Management of Security Infonnation", that ~:.7~ 1Jn<~r
Secretary of Transpor':;~jonfor Security shall:
(1) enter into memoranda of understanding with Federal agencies or other entities to share or otherwise cross-check as
necessary data on individuals identified on Federal agency databases who may pose a risk to transportation or national
security;
(2) establish procedures for notifying the Administrator of the Federal Aviation Administration, appropriate State and local law
enforcement officials, and airport or airline security officers of the identity of individuals known to pose, or suspected of
posing, a risk of air piracy or terrorism or a threat to airline or passenger safety;

1

5U55MAN-203

(3) in consultation with other appropriate Federal agencies and air carriers, establish policies and procedures requiring air
carriers-

(A) to use information from government agencies to identify individuals on passenger lists who may be a threat to
civil aviation or national security; and

(8) if such an individual is identified, notify appropriate law enforcement agencies, prevent the individual from
boarding an aircraft, or take other appropriate action with respect to that individual; and
(4) consider requiring passenger air carriers to share passenger lists with appropriate Federal agencies for the purpose of
identifying individuals who may pose a threat to aviation safety or national security.

CSf-----------1

o

t

That's as far my legal brain will carry me, which may still not be far enough to property address the issues. Thanks.
SSAI
~ax)
Civil Aviation Security Program, Room 11795
Domestic Terrorism Counterterrorism Planning Section
Counterterrorism Division

b2 -1,2,4
bS
b7C -1
b7E -1

_ _---J~leo.90V

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SUSSMAN-204

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All - Re previous mail, the day was incorrectly listed as Tuesday, and because the flight time from Dulles

»> """"='_ _...,...._ _ 07130/02 09:55AM >>>

b2

-4

b 7C - 1 3
b7D - 1 '

doesn't arriv~
~nti19:S6 ami
~cheduled the meeting from Ham - Ipm. I've made the b7E-1
change in the original mail below. In addition, there will be no discussion
las the Ncb 6 -1, 3
Fly List issues will undoubtedly take up the whole 2 hours.

I

I will be attending, as willi
kor TSA. I
strongly suggest that as many of you plan to attend as possible (with the possible exception ofTMU).
~;;..;;..;.....;;.;=&..---..o.=.::.;:;;;...;:;..;:;.:;""""""'==~-------___,~~
..rSA No Fly List matters (I'm still

b2-4
he list is known as the "FBI Watchlist" in alb 7E - 1
L..c~I~rc~es~an~r-:t~e~'l"T"~Is~~~e~em~~n~g~a~c:-:o-::m-::p':T:"aI~n~ts~~om~c...lt~l~ze--n--s-::t~o"":'th~e FBI,
Now, I don't
mind that as I believe I am able to explain to them how it works and some of theIr optIons for contacting the
airlines, as in most cases, it is the airlines that are causing delays by not clearing the passengers when they cab 2 - 4
b7D -1
b7E -1
Thank you.

I

I

D

1

SUSSMAN-20S

b2 -4
b7E -1

· .
b7C -1,3,5
b7D -1
b6 -1,3,5

Thank you.

b2 -4
b7C -1,3,5
b7D -1
b7E -1
r - - - - - - - - - - - - - - b 6 -1,3,5

From:
To: F---,~"",,"7'i-==----'

_ _111------~

Cc:

I

Subject: RE: TSA No Fly List
Date: Thu, 18 Jul2002 13:51:03 -0400

~=""-L

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b7C -1,2,3,5
b7D -1
b6 -1,2,3,5

tmleo.gov 1

""-----...lSE-mail)

I I - sorry, I was looking on the wrong lists - it looks like there is ~i----r:tsr44.

----- Original Message ----2

SUSSMAN-206

~n the most current Selectee

SUSSMAN-207
b7C -1,3,5
b6 -1,3,5

ov>
(E-mail)"
tillstate.gov>;1
(E-mL.a-:i':":'I)':P-----~ost.dot. ov">-_.....
....---Sent: Friday, July 05,2002 5:50 PM
Subject: Re: TSA No Fly List

r

b7C -2,5
b6 -2,5

Hello,D

I

Ion

It appears ~hat there is no more
either ofthe two lists 0'1:0 Fly 73 or Selectee 44), so Mr.I_. __
Ishould have no more problems for now. However, ifanoth~
~hould be put on the hst,
his name would trigger something. Your advice was the best that could be given under the circumstances. I
don't know ifFBI put him on the list or not.

I

I

ISupervisory Special Agent
Civil Aviation Security Program
Special Events Management Unit, Room 11795
Domestic Terrorism Counterterrorism Planning Section
Counterterrorism Division
Federal Bureau of Investigation

I

b2 -1
b7C -1
b6 -1

~fax)

b7C -1,3,5
b7D -1
- b6 -1,3,5

b7C -2,5
b7D -1
b6 -2,5

There is a specific case involving the TSA List which is a slightly bigger problem for us. The list contains the
name:
~e have a Mr~
IWho is continually
denied access to the automated check-in and is 'ven the third de ee every time he flies. The probl~
Mr.
hich means that he a member ofL-.J
L- ------..Lw......;;h~ichmeans that he is re uired to travel the world for preparatory meetings related to
0 book his ticket using his full names which
We have advised ou
L...,-"""""--""":,,,,,---...J
match those on his passport i.e.
His travel agent has added his Frequent
Flyer details to all his bookin s an provides
OB, Passport # and Country of Issue so he can
checked out early throl1.g
·hen ~e travels to t e
Still he get's hassled. Is there anyway way for
you folks to verify v:1~•.her >'X'
is still a valid name, add more details or delete it? We're still
looking forward to !"nee't:ng with y;;u folks to try and come to grips with the TSA List issue.

I

II

D
3

b7C -1,3
b6 -1,3

From:

Sent:

....ICU..r..I..oI.lIlWllINGS

l--

To:

Cc:

UPDATElFOllOWUP L..-

Subject:

b 7D -1
---J

All- Re previous mail. the day was incorrectly listed as Tuesday, and because the flight time ftc
doesn't arrivel
~ until 9:56 am~
~cheduled the meeting from llarn - Ipm. rv
change in the original mail below. In addition, there will be no discussion
Fly List issues will undoubtedly take up the whole 2 hours.

I

JfiP
!J,.
b7C -3~
b7E -1

b2 -4 ~

I

b6 -3

I will be attending, as wit L...-----:,.....-_"T""""""':"'"--,.,...-"T"'""_ _........-.,.......",.....,..._ _..........--_---,._---I,.fo
strongly suggest that as many 0
e exceptIon 0 TMU).
r"-.......................- - - - - " '.............................,;~~~--------....",,,,,.....~ TSA No Fly List matters (I'm still

~; E- ~ 1

he list is known as the "FBI Watchlist" in all
...c::'!l'::':rc~e::'!s~an~~tre~'t"l""I:-l~s~re=em=n:-:g~a~c=-::o:-:m~p~al~n:r:s=-==-::m=-=C~l ~lz~e~ns:-r.:o~e FBIJ
I Now, I don't
mind that as I believe I am able to explain to them how it works and some oftheir options for contacting the
airlines, as in most cases, it is the airlines that are causing delays by not clearing the passengers when the,b 7C -1,
"'b7D -1
Thank you.

3

b6 -1,3

c=J

b2 -4
b7D -1
b7E -1

b2 -4
b7E -1

Thank you.

---------------------------------------------------------------------------------------------b7C
b7D

-1,3,5
-1
b6 -1,3,5

Subject: RE: TSA No Fly List
Date: Thu, 18 Jut 2002 13:51:03 -0400

l~D-41
~7E

'----

-1

1

SUSSMAN-209

L----------------------------------b2
-----Original Message----. From:
(FBI) [mailt~

ST
To:

I
I
J~1:06~:jJ:51
PM
(E-m~il);

Cc
SuoJec: e:

(E-mail)
No Fly IS

~leo.gov]

-4
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b7D -1
b7E -1
b6 -1,3,5

b7C -1,3,5
b7D -1
b6 -1,3,5

'----L

JE-mail) .

~n the most current Selectee

IL
sorry, I was looking on the wrong lists - it looks like there is alL~44.

b7C -1,2,5
b7D -1
b6 -1,2,5

D
.---~---_~--~------L.-----...J

(E-mail)"

le2state.gov>; 1......

L..-._ _....

_

b7C -1,3,5
b7D -1
b6 -1,3,5

b7C -2,5
b6 -2,5

HelloD

I;t "I.!I!em rathould
there is no more I
Ion either of the two lists (N! FiX 73 or~Selectee
44), so MIl
have no more problems for now. However, ifanother
hould be put on the list.
IS name would trigger something. Your advice was the best that could e giVen unCler the circumstances. I
don't know if FBI put him on the list or not.

2

SUSSMAN-21D

1I

ISupervisory Special Agent

b2 -1
b7C -1
b6 -1

Civil Aviation Security Program
Special Events Management Unit, Room 11795
Domestic Terrorism Counterterrorism Planning Section
Counterterrorism Division
Federal Bureau of Investigation
I
I(fax)

b7C -1,3,5
b7D -1
b6 -1,3,5

I(E-mail)"

_ _ _peo.gov

b7C -1,5
b6 -1,5

There is a s ecific case involvin the TSA List which is a slightly bigger problem for us. The list contains the
name:
e have a Mr.1
Iwho is continually
deni ~:-::-::~~~e-=a:-::ur-::o~m:-:a:'Z'e::-:r'=lcl:":e::-::c~--in and is iven the third de ee every time he flies. The problem is our
r--r-~~--~-~~-~~--~~which
means that he a member o~
which means that he is re uired to travel the world for preparatory meetings related to
L...,.__- - - - - -........---,
th
We have advised our
0 book his ticket using his full names which
match those on his passport i.e.
His travel agent has added his Frequent
Flyer details to all his bookin s and provides Mr
OB, Passport # and Country ofIssue so he can
Still he get's hassled. Is there anyway way for
checked out early throu
hen he tr vels to the
is still a va 1 name, add more details or delete it? We're still
you folks to verify whether yo
looking forward to meeting with you folks to try and come to grips with the TSA List issue.

I

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3

b7C -1,5
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SUSSMAN-211

FrorrJ
\
To:
)(FBI)'"
,.....I(@leo.gov>
Subject: RE: rSA No Fly List
Date: rue. 18 lun 200220:46:23 -0400

lit

l__

If
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o-----------------------------------------------------------------------------------------------~:~E

References:

'

\(FBI\)'t

I

~o.gov>

b2 -2
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"'---------------

Subject: Re: TSA No Fly List
Date: Tue, 18 lun 2002 21:31:57 -0400
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~- - - - - - - - - - - - - - - - - - - - - - - -

SUSSMAN-212

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I

I

L_-L
D

-----------------------------------------------------------------------------b2 - 2

From:

To:
Cc:

state.gov>
faa.gov>,
ost.dot.gov>,
L...-_----Jpleo.gov>

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b7C -1,3,5

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1' - - - - - - - 1 - - - -~
I

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SUSSMAN-213
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I

From:
Sent:
To:

I

b2 -4
b6-1,3

I

wedneSda~. September 18, 2002 3:24 PM

b7C -1,3
1 " ' " _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - b 7 E -1
_
I
b_7---1D, -1

~

Cc:
Subject:

1:::::::.:.:.:.:.:.:.:.:.,

No Fly list Issues

II--

---l

oda re the below

I advise<C:]that this was not an FBI list. but a list to which the FBI, as well as other domestic and foreign law
enforcemenUintel services contribute and which the TSA compiles and disseminates to the air carriers, airports and the
FRI

I

I
1

Iwant to think of it, Congress authorized the U.S. to require any air carrier!
I
for example) that flies to the U.S. to comply with measures to protect U.S. interests. To wit, the Aviation and" L-----'b2 - 4
Transportation Security Act authorizes the TSA to .....to use information from government agencies to identify
b7E -1
individuals on passenger lists who may be a threat to civil aviation or national security; and, if such an
individual is identified, notify appropriate law enforcement agencies, prevent the individual from boarding an
aircraft, or take other appropriate action with respect to that individual;... "

1..J

~2

-4

_________________________________________.. ,jrE -1
roaches the ticket counter
b2 -4
b7E -1

b2
4
b7E -1

SS~

kfax)
Civil AVlahon SecuritY Program. Room 11795
Domestic Terrorism Counterterrorism Planning Section
CQllote~orism Division
b 2 -1, 2
leo.gov
b7C -1

I

LSf--__

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9/18/02 10:10:22 AM >>>

1

1

question.

lwill coordinate with CTD an~'_

____JI(FM) in an effort to answer your

-

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1

SUSSMAN-21S
(Rev. 08-28-2(00)

FEDERAL BUREAU OF INVESTIGATION

Precedence:
To:

Date:

ROUTINE

Attn:

Criminal Investigative

08/23/2002

VCMOS
SC Gerald L. Buten

M~~TrU,...
SSAl

Attn:

Counter Terrorism

I

.....,

b7C -1
b6 -1

DT/CPS
SC Tom Carey

S~~...,...-

_

ITOS-I/II
SC Andrew Arena
SC Charles ~rahm

From:

Office of the General Counsel
Investigative Law Unit
Contact: David C. Larson, extc===J

Approved By:
Drafted By:
Case ID #;
Title:

I

I
I

Steele Charles M

I
I

(Pending)

CRIMES INVOLVING CIVIL AVIATION;
FBI INVESTIGATIVE JURISDICTION

Synopsis: To provide a legal opinion from the Office of the
General Counsel (OGe) concerning the jurisdictional relationship
between the FBI and the Transportation Security Administration.
Administrative: This document is a privileged FBI attorney
communication and may not be disseminated outside the FBI without
OGC approval. Also, to read the footnotes in this document, it
may be required to download and print the document in
b5 -1,2
WordPerfect.
Details:

I

SUSSMAN-216
To:
Re:

I

Criminal Investigative From:
~ 08/23/2002

Office of the General Counsel
b2 -3

(1) Carrying out the provisions in Chapter 449 of Title
49 of the U.S. Code, relating to civil aviation security, and
related research and development activities;
(2) Airport screening operations; and
(3) Receiving, assessing, and distributing intelligence
information related to transportation security.
Chapter 449 of Title 49, entitled "Security," addresses
all aspects of aviation security, including: screening passengers
and cargo; receiving and evaluating threats to aviation; research
and development of modern security systems and facilities; and
regulation of security of foreign carriers and foreign airports
that serve passengers bound for the U.S.
In addition, ATSA grants the Under Secretary permissive
(as opposed to mandatory) authority to designate federal law
enforcement officers (LEOs) and empowers these LEOs to exercise
standard law enforcement powers when engaged in "official duties
of the Administration as required to fulfill the responsibilities
under [ATSA]." These powers include authority to carry firearms,
make arrests without warrant for any federal offense committed in
their presence or for which they have probable cause, and seek
and execute federal warrants for arrest or search and seizure of
evidence. ATSA also requires the Under Secretary to provide
guidelines by which to exercise these law enforcement powers in
consultation with the Attorney General. The proposed guidelines
have been submitted to the Department of Justice for review.
Finally, ATSA continues the Federal Air Marshal (FAM)
program (formerly part of the Federal Aviation Administration) by
authorizing the TSA to deploy FAMs aboard aircraft for what are
clearly reactive law enforcement functions.
FBI

St~tutory

Authority

The FBI's general enabling statute, 28 U.S.C. § 533,
grants the agency the authority to investigate any violation of
the criminal laws of the United States. As noted previously, 28
U.S.C. § 538 specifically empowers the FBI to investigate the
primary crimes-aboard-aircraft violations in Title 49, which are
set forth in Chapter 465, entitled: "Special Aircraft
Jurisdiction of the United States." These include Section 46502,
Aircraft piracy; Section 46504, Interference with flight crew
members and attendants; Section 46505, Carrying a weapon or
explosive on an aircraft; Section 46505 which lists a variety of
common law crimes (e.g., murder, robbery) committed within the
3

To:
Re :

Criminal Inyestigative From:
08 /2 3 /2 002

I

I

Office of the General Counsel
b2 -3

for the TSA to serve as a "liaison" to law enforcement
communities (Section lOl(f) (5)) i the use of information from
other agencies to identify passengers who may be a threat to
civil aviation and the requirement to notify appropriate law
enforcement agencies upon identifying such an individual (Section
101(h) (3)); and the mandate to enter into memoranda of
understanding with other agencies for information-sharing
purposes (Section 101 (h) (1) ) .

7

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5U55MAN-217

/

/

From the Desk Of

Date: 04/09/03
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I
s-o-ry--=Sp-e-c--:'ia"""":/"""":A=-g-e--'nt

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"'""--:=S~u-p-e-rv-:-i

L.....--_~gation

TO:

FROM:
SUBJECT:

12M 1ft1-?

ACLU - No Fly/Selectee List Request

ENCLOSURES:

Copies of

SS~

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rocumentation re Above
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D

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_ _---,As promised, enclosed are photocopies of all records both myself and ss~
_ _......Ihad (filed) in our desks re the above. SSAI
Iretired on 1/03 and as yOl,l can see,
many notes on this topic.

1

~ept

If you need anything else, please don't-hesitate to email or call.
Please note that this information is law enforcement sensitive.

AU rNFORMATION CONTAtNID

HERE~ IS UNClASSIF~ ~

OAlta-'l~Q3 BY~C.~O~ ~ 1

CQ.. 03- V)'lq

(
}

NLS ~~

GdL

Civil Aviation Security Program
Special Events Management Unit, Room //795
Domestic Terrorism Counterterrorism Planning Section
Counterterrorism Division, FBI Headquarters, Washington, DC 20535

SUSSMAN-218

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From:

sloe

To:

TMU, TRANSPORT, Watch
Tue, Apr 22,2003 9:18 PM
4(22(03 NewsEdge Article re AClU seeks government data regarding secret "no-fly"

Date:
Subject:
list

ACLU seeks government data regarding secret "no-fly" list
SAN !-f{ANCISCO (AP) The American Civil Liberties Union sued the FBI and other government agencies
Tuesday on behalf of two peace activists detained at an airport because their names popped up on a
secret "no·f1y" list.
The women were among 339 travelers briefly detained and questioned at San Francisco International
Airport during the past two years after their names were found in the database, the ACLU said, citing
government documents. Those travelers ultimately were allowed to continue on their journeys.
"Thousands of passengers are likely being subjected to the same sort of treatment at airports across the
country," said Jayashri Srikantiah, an ACLU attorney.
The database was created after the Sept. 11 terrorist attacks as a way to prevent potential terrorists from
boarding planes. The Transportation Security Administration gets names from law enforcement officials
and gives the lists to airlines to screen passengers.
The ACLU is asking a federal judge to demand that the TSA, FBI or the Justice Department disclose who
is on the list, how they got on it and how they can get off it.
The plaintiffs, Rebecca Gordon and Janet Adams, publish the San Francisco-based War Times. They
were stopped in August while checking in for a night to Boston.
"It was very distressing," Gordon said. The two invoked the Freedom of Information Act to demand that
authorities reveal why they were stopped. The TSA did not respond to their request and the FBI said no
files on the two existed, the ACLU said.
An FBI spokesman on Tuesday referred inquiries to the TSA. TSA spokesman Niko Melendez said those
on the no-fly list pose, or are suspected of posing, a threat to civil aviation and national security. He added
that the agency does "not confirm the presence of a particular name of an individual on a list."

~u INFORMATION CONTAINED

~~~03 By~EtUoQa<o') NLS IA~

H£REI IS UNCLASSlfl 0

DAlf

U~03-)1'19

j.
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SUSSMAN-219

b7C -1
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I

From:
To:
Date:

9/25/02 10:29:53 AM

Subiect:

Re: No Fly List Procedures

I am not aware of any change in procedures. I knovC:}urrently is working with TSA to establish
protocols regarding FBI additions/deletions to TSA's No Fly and Selectee Lists. As far as TSA responding
to airports regarding potential matches...that's a new one to me.
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cdL...---.....,.--....J'

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09/18 3:40 PM >>>

To your knowledge, have the TSA and the FBI a reed to a chan e in res anse
matches on the No Fly List, Le.
I'm
sure that if there had been such a major change in procedure, you would have let me know. I've seen no
Security Directive to that effect and I can't imagine it. Anyway, I ask because I think sloe may have
inadvertantly misadvised one field office to that effect, and that office has asked for clarification. As far as
I know, and please correct me if I'm wrong, the process, in a nutshell, is still as follows:
b2 - 4

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r-------,

FBI aaents oet contacted bv the local DoUce or air carrier to resolve cotentiallist matches.!

Is that still the procedure? Thanks.I

SS~

I

_

l(faX)

Civil Aviation Security Program. Room 11795
Domestic Terrorism Counterterro~ism Planning Section
COI!Ote~rorism Division
pleo.gov

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cc:

SUSSMAN-221

From:
To:
Date:
Subject:

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I....,S,...'O"..C"..-"""C."..S----9/27/022:48:41 PM
TSA No Fly/Selectee list

Just a heads up to avoid unnecessary calls for air carriers who want us to check TSA's No Fly/Selectee
Lists. The individuals here in the Watch List have been told to respond to FBI requests to check TSA's
lists, but we have advised them not to provide information from TSA's lists to air carriers since the lists are
not the FBI's lists. I Yfjll be disC"ssiOQ this withl
hn t~e near future. but for now air carriers
.
should be directed tol
J Thanks
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cc:

L.....

---JI b7 C

-1

5U55MAN-222

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From:

To:
Date:
Subject:

7/18/028:06:11 AM
Re: TSA Legal Request re No Fly List

b7C

-1,3

b6 -1,3

.

I got your voicemail this a.m., and I'm sorry you have to deal WithD I can definitely see that he can be
that way, but I think if you hang in there a little longer with him, and try to overlook it when he acts that
way, you'll win in the end.
You said on your message that you wanted to add to this, so I'll wait until you finish it. This is a great start.
Thanks again for all your hard work in dealing with all this. Nobody said this was going to be fun!! Hang in
there.

D

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-4
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-1
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»~"'-------l 07/17/0~ 08'1 RPM >>>

OK, guys - I'm going to vent first.l
~SA, is obnoxious and I think it's unwise for me to ever deal
with him again. He seems to believe that he is entitled to an immediate res~p:iS iSS"AS
tho
FBI has been waiting since Nov 2001 for resolution to our issues asking the
_
_._.
land to cooperate on crafting the Security Directives. They ignor
anuary
letter, and have yet to act, based on discussions held at a meeting in early June to go over these issues
again. Therefore, I don't know that we should be in any rush for him, but you have to keep letting him
think you're working on "it" - same tactic they use with us.

!II;:" I

I

~

"SOmethin~'.

'says that you saidrlwas working on
ren't a lawyer.
~n't think he's working on anything, and rn be he doesn't know wha
is referri to.
I
sent you the ATSA section and I thought you were going to discuss or respon to
in sway.
Now to the issue at hand

~ays you told him you sent something for legal revie~ause you

It appears that, because we don't yet appear to want to take control of a Threat to Aviation (aka No Fly)
List itself (although that is my recommendation), we must ask the TSA to keep the list and <oontrol the
initial process I
lis demanding a letter from the FBI answering these questions, thereby
indemnifying the TSA and doing their legal work for them. If we do this letter, it will clarify the issues for all
concerned, including the FBI. Therefore, I will write the main body of the letter and you can approve it.

b7C

-1,3

b6 -1,3

b7C

-3

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1. What does the FBI want the TSA to "do" relative to No, Fly Lists and detaining passengers?

AJ

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~

What is the legal iustiflcatign tor what the FBI wants the ISA to

dO'~L...-

.....I

A. The (egal burden requiring air carriers to identify passengers who may be a threat to aviation and for
preventing them from boarding is on the TSA. The Aviation and Transportation Security Act (ATSA) of
2001, passed on November 19. 2001, mandates in Section 101, (a), §114 (h) entitled "Management of
Security Information", that the Under Secretary of Transportation for Security shall:
(1) enter into memoranda of understanding with Federal agencies or other entities to share or
otherwise cross-check as necessary data on individuals identified on Federal agency databases who may
pose a risk to transportation or national security;
.
(2) establish procedures for notifying the Administrator of the Federal Aviation Administration,
appropriate State and local law enforcement officials. and airport or airline security officers of the identity
of individuals known to pose, or suspected of posing, a risk of air piracy or terrorism or a threat to airline or
passenger safety;
(3) in consultation with other appropriate Federal agencies and air carriers, establish policies and
procedures requiring air carriers-(A) to use information from government agencies to identify individuals
on passenger lists who may be a threat to civil aviation or national security; and

(8) if such an individual is identified, notify appropriate law-enforcement
agencies, prevent the individual from boarding an aircraft, or take other appropriate action with respect to
that individual; and
(4) consider requiring passenger air carriers to share passenger lists with appropriate Federal
age-,r.~:es

for tt1Q !JUrpose of identifying individuals who may pose a threat to aviation safety or national

se',:urirj.

c

_
SUSSMAN-225

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b2 -4
b7E -1

The ATSA requires passenger information to be compared against databases (which are based on
criminal evidence and intelligence) and identical passengers prevented from boarding planes. The FBI
provides the intelligence on which TSA can fulfill this mandate. TSA must ultimately determine if the
person is or is not the same. and if so or they are uncertain, they should call the FBI.

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SUSSMAN-226

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1r-----L...----

From:

To:
Date:
SUbject:

i

I

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7/221021:47:40 PM

Info for TSA Legal Request

lseems 10 believe thaI he is entitled to an immediale respons~ lQ hjs jssues rm~n the FBI has
been waiting since Nov 2001 for resolution to our issues asking them fo~
_
~nd to cooperate on crafting the Security Directives. They ignoredl
January letter,
have yet to act, based on discussions held at a meeting in early June to go over these issues again.
Therefore. I don't know that we should be in any rush for him, but you have to keep letting him think you're
working on "it" - same tactic they use with us.

b2 -4
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b7E -1
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I

ana

O s going to write the FBI a letter about what TSA wants to know from us about detaining passengers,
etc. These are the points that I think need to be iterated, among any others we might add about how a
person gets on the list in the first place.
b2 -4

I

b7E -1

L...-

1. What does the FBI want the TSA to "do" re a "No Fly" List?

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SUSSMAN-227

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2. What is the legal justification for what the FBI wants the TSA to do?

A. The legal justification for requiring air carriers to identify passengers on threat lists (including NCIC)
and for preventing passengers from boarding until and if identified as a "match" may be found in the
Aviation and Transportation Security Act (ATSA) of 2001, passed on November 19, 2001, mandates in
Section 101, (a). §114 (h) entitled "Management of Security Information", that the Under Secretary of
Transportation for Security shall:
(1) enter into memoranda of understanding with Federal agencies or other entities to share or
otherwise cross-check as necessary data on individuals identified on Federal agency datab~ses who may
pose a risk to transportation or national security;
(2) establish procedures for notifying the Administrator of the Federal Aviation Administration,
appropriate State and local law enforcement officials. and airport or airline security officers of the identity
of individuals known to pose, or suspected of posing, a risk of air piracy or terrorism or a threat to airline or
passenger safety;
(3) in consultation with other appropriate Federal agencies and air carriers. establish policies and
procedures requiring air carriers-(A) to use information from government agencies to identify individuals
on passenger lists who may be a threat to civil aviation or national security; and
(B) if such an individual is identified, notify appropriate law enforcement
agencies. prevent the individual from boarding an aircraft. or take other appropriate action with respect to
that individual; and
(4) consider requiring passenger air carriers to share passenger lists with appropriate Federal
agencies for the purpose of identifying individuals who may pose a threat to aviation safety or national
security.

~
L

[

I;:J ~~E-~'

;:::::::=========================:::::=...-

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l

That's as far my legal brain will carry me, wIlich may still not be far enough to properly address the issues.
Thanks.

I(fax)

ssAi

Civil Aviation Security Program. Room 11795
Domestic Terrorism Counterterrorism Planning Section
Counterterrorism Division

b2 -1,2
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I

SUSSMAN-228

From:
To:
Date:

.1 ARTHUR M.

COMMI~GS; Ir------

b7C -1
b6 -1

5/28/02 1:43:30 PM

Issue: TSA and No Fly Lists

SUbject:

~rt,

I

,

s

IL...---

-

Here's some background, if you have the patience to read it:
Since 10/2001, when the TSA No Fly and Selectee lists came into being (aftrrmatb of the :61 watc~:q. I
have been attempting to make the updated lists available to the field agents L
_pn
a timely basis, Le., when they are issued, because TSA has made the agents responsible or respen Ing
to possible name matches. The agents need these lists in order to have background and 10 info.
b2 -4
bS -1
b7E -1

TSA also fails (except on one occasion) to coordinate with us when they telll
(the FBI) or when they change the Security Directives concerning response bW~hl~ch~afflT.e::::c~ts::"'1FI:"IB~Ir"':'o~tt~lc:::::e'="s.-Despite my best efforts, the TSA just motors along and I and the agents are being whipped around the
flagpole trying to do the right thing.
b2 -4
b7E -1
b5 -1

L-..

----:

----JCS -1

Example - today List 51 was iSSUed; Lists 49 and 50 were issued on Friday. I believe I was here, but no
mail from TSA, and I check every hour. I h~ve raised this issue with people in TSA and here, and told the
agents that getting the lists from me is now a luxury instead of a certainty.
I have tried to arrange a meeting

ITSA, but that has not worked out

withl

vetl~

I

-J

--------------------------------Again, please try to give me some time so we can meet and decide how we want to procee~.

Thanks.c:::J

SSAr

I<fax)
Civil Aviation Security Program, Room 11795
Domestic Terrorism Counterterrorism Planning Section
CQUntey;ror;sm Division
leo.gov
ALL INFORMATION CONTAINED

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SUSSMAN-238

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From:1
~faa.gov
Sent: Wednesday, October 02, 2002 2:57 PM
~leo.gov
Subject: Re:RE: RE: RE: Fwd[2] :NEADS NOBLE EAGLE Conference 15 Oct 02

TO:!

No problem with you
is the

b7C -1,3
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b6 -1,3

review our holdings.

talked with,.__-L~~~~~~~~~
is onL...unable to reach either one L....-_---I

I have

I

-...L........,

___________R.eply Separator
_
Subject:
'OBLE
EAGLE
Conference
15 Oct 02
IRE: REi REi FWd)fl jNEAPS
Author:
@leo.gov>
Date:
10/272002 1:24 PM

Yes, that would have been SSAI
land he is assigned to the
FBI
~nd I
Terrorist Watch List Unit. A s r l discovered and asl
mentioned tal
Imon~go (and as I told you I

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b6 -1
b2 -1

I
b7C -1
b2 -4
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I I guess we're not asking in the right
~m-a-n-n-e-r-,-o-r-t-o-o-~~·n~fo-r-m--a~l~l-y-.--~I--w-a-s~theone who suggested thatl~__~~ry to
come over and see you all, and discuss our needs in person, as workl'na
through
Iwon't accomplish our purpose. I suggested that~ __
get
the
fir s t , and then come back
here,
see what we can locate on our own here and if we can't find something,
ask
you for the justification document later.

1
1;----------------------------------------1

Exactly who is it that we should deal with on a regular basis to
regarding
list content? List process?
Thank you.

I
I
~;~~~~~~foQ~<01 Nl..S A

AlllNtORMATlON CONTAINED

»03 -

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6 CA

.
SUSSMAN-244

L

b7C -1
b6 -1

From:

To:
Date:
SUbiect:

7/23/02 10:51 :33 AM
Re: No-Fly list

I would also add that OGC can help in the first category. establishing criteria. inasmuch as we can, per
b2 -4
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pik

CS

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P7/23/02 10:16AM >>>
et al: I hiS IS to confirm our understanding in OGC of yesterday's meeting. We all recognize the

needs:

C~-----r-I- - - - - - ~
I

6==========::::::::::=::::::::::::=::===============--------.
L....-CS_....J-----------_,

-1,2

b5

Obviously, CTO will have to address the last three of the four items listed above--although OGC will
certainly help wherever we can. However, we can and should play an integral role in developing criteria.
We can work on criteria in theory but we really need to learn the track record of experience 60 far.
To that end. you agreed to consult with the co nizant eo Ie in the TWL unit and other IT sources to
assemble some of the actual

b5 -1,2
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---J.---------------------..J b6

L.....-

Let me know if your understanding is different than what I have described and please let us know how you
are progressing in finding out the actual criteria used so far.

ThankS~
cc:

~x~

b2 -1
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CUMMINGS, ARTHUR M·;I'--

All tNfOOMAll0N CONTAmEJ)

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1/10/027:42:36 PM
FAA lists

I would again like to discuss the purpose of the FAA name lists and the actual situation that is transpiring
out in the field. I'm ok with the NO-Fly list - threat to aviation - if we identify you, you don't fly. period.

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This whole issue needs to be revisited.

I(fax)

SS~

Civil Aviation Security Program, Room 11795
Domestic Terrorism Counterterrorism Planning Section
Counterterrorism Division

I

~leo.gOv

cc:

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SUSSMAN-249

From:
To:
Date:
Subject:

\

I

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1019/021:14:21 PM
Re: Terrorism Watch List, etc.

and I have reviewed our email and TWL Criteri

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. rJ ';","

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0

mee

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you

»~

~0/08/02 11 :31 AM »>
.
SS
nd I have been working on an EC to field offices and Legats to summarize the
evoluhon of the , errorism Watch List (TWL), affirm criteria and protocols for TWL entries/removals,
highlight ongoing TWL initiatives, and distinguish the TWL from other commonly-used watch lists.

b7C -1
b6 -1

One of the more frequent issuesDnd I deal with on a daily basis is confusion in the field regarding what
exactly the TWL is. Many SAs feel the FBI's TWL and TSA's No Fly and Selectee I,.im,are one and the
same. Others express confusion regarding which agency handles which watch IistUand I have
.
managed to pull together some information regarding some of the more commonly-used watch lists.
Likewise, we have been meeting with representatives from those respective agencies who administer
those watch lists to either validate or correct our understanding of their watch lists.
D t s you know, we have been trying to work with TSA (a slow and interesting process) to resolve a lot
of issues. In the interim, would you please review the attached "descriptions" of TSA's Lists to see jf the
descriptions are what you understand them to be? With the TWL EC we're working on, it is not our goal to
send guidance to the field regarding TSA's lists. That will have to be handled in a subsequent
communication, after we have worked out our differences with TSA. As such, I'm trying to keep the

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SUSSMAN-250

descriptions as brief as possible.

I

Iwe'~ed to stay consistent with the criteria for entry onto the TWL. as it is for
criteria for entry Into VGTbF .~nd I would welcome any feedback you might have. Also, for
information of ALU. a communication will be forthcoming regarding the privacy impact assessment.
Attached hereto fOOlS the description of TSA's No Fly and selectee Lists.
Attached hereto for NSLU and ALU are suggested criteria and protocols for entry/removal to the

TVVL.

.

AgainDnd I will welcome your input. We're trying to get a comprehensive communication out to the
field as quickly as possible to answer a lot of frequently asked questions. Thanks.

cc:

Bowman, MARION;I'--

_

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b7C -1

From:
To:
Date:
Subject:

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6/6/02 8:28:00 AM
No Fly Lists

o
Ran into an interesting problem and would like your take on the matter:
Per what seems to be the growing trend, I took steps to help APO gain some autonomy in the No-Fly and
Selectee Lists checking business. Specifically, I burned copies of both current lists, placed them in clearly
marked folders, included a detailed instruction sheet on how to check the names and when to notify FBI,
and gave a folder each to their communications section (dispatch) and their watch commander's office.
The understanding was that as new lists were published, I would keep them updated.
I got a call this morning from APO dispatch, asking me to check a name on the list. When I told them to
check the list I had given them. the dispatcher said she had no knOWledge of such a Iist. Certain this
could not be the case, I contacted the APD day watch commander, who advised me thaqJ
the
Airport Precinct Commander, had ordered the lists re'l'0ved and ti:;stroyed, as APO "wasn't going to do b 7 C -1, 4
the FBI's job for them." Have not been able to contact
jar comment, but it appears he does b6 1,4
not want his people to have to take on the responsibility of actually checking the names on the~rior
to my giving APD copies of the list, the officer would respond to wherever the subject was, calLJr
me, and we would give the thumbs up/down for the person to travel.)
.

I

As you know, neither myself nore:::::::Fan make ourselves available 24-7 to respond to every John
Thomas or Ahmed Ahmed who pr~imself at a Hartsfield ticket counter. I guess we could go back
to the old way, but it seems silly foL-J>r myself to relay information to APO which they could have in
their own hands. Plus, your communications to the Airport Agents on this very subject seemed to indicate
that the Bureau wants us out of the business of routine 10 checks at ticket counters, limiting our
involvement to matters which indicate the need for our INVESTIGATIVE involvement.
Of course, we'll handle the political situation witt.! APD here in Atlanta, but I'd be interested in anything
helpful you could add.
.
Regards,
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From:
To:
Date:
Subject:

I

I
ReL-Jand No Fly List

~ Thanks for your reply.

»~

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9/2pL02...1D.;42:45 PM
1wilt talk to you a n D next week if possibte:"·

---,19/2o/o2 9:38:43 AM >>>

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to be able to remov
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Therefore, we do not want to e
faced with this risk. If you have any other questions please feel free to get back with me. Thanks!
train;"" I'",,,,n., the
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can you and the Terrorist Watch List Unit anOevisit this matter and see if you can g e O

L-..JOff the list?

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b 7 C - 1, 2
b6 -1,2

Thanks.
SSAI
I(fax)
Civil Aviation Security Program, Room 11795
Domestic Terrorism Counterterrorism Planning Section
nterterrorism Division
Ie . ov

cd

IB/20/02

r

41 :04 PM >>>

Attached is an e-mail documenting concerns of a Hawaii resident by the name o~
~ho is
in fre uentl 5tO ed and questioned at various airports based upon the similarity of his name with that
L:-_~~=""..",..,.,........~.Can you offer any suggestions as to how this Hawaii resident can obfain some relief
from t IS scru Iny. an a computerised entry be m~r1e on the no-fly jist tha~
)With ;he
.
particular biographical descriptors is not identical to
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b6 -1,2
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Thanks,

-D- -. . -'. -..----.. -..

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---lf Re.
From:
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Date:
Subject:

nd No Fly List

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9/17/028:01 :50 PM
land No Fly List

I

Wow, that is the most interesting explanation I've heard yet. I'm not sure it's valid - it just doesn't sound
right. However, I will forward this to the airport agents so they know why he is still on the list. thank you
for your efforts.

»~

19/17/02 1:21 :56 PM »>

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I

»>I

k>8/21 1:05 PM »>

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~, can you and the Terrorist Watch List Unit andDevisit this matter and see if you can g e O b6 -1,2

L-J off the list?
Thanks.

SS~
l(fax)
Civil Aviation Security Program, Room 11795
Domestic Terrorism Counterterrorism Planning Section
COYnte~rorism Division
leo.gov

b2 -1
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c:------l!Y20102 3'j':04 PM >>>
Attached is an e-mail documenting concerns of a Hawaii resident by the name o~
Iwho is
being frequently stopDed and questioned at various airports based upon the similarity of his name with that b7C -1,2
]can you offer any suggestions as to how this Hawaii resident can obtain some relief b6 -1,2
~ith the
from this scrutiny. Can a computerised entry be made on the no-fly list thatl
particular biographical descriptors is not identical tal

I

I

Thanks,
SSAIL...-

cc:

I Counterterrorism Squad, Honolulu
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1··

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All INFORMATION CONTAINED
H[R~ IS UNCLASSIfIED

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From:
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Subject:

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fader the rationale QUeued by

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Unfortunately, eggheaded thinking like this muddies the waters to the point where the no-fly and selectee
lists become virtually worthless (garbage in. garbage out). On the plus side. it strengthens FBIHQ's case
regarding the limitation of TSA's 1811 investigative authority.
Fly armed,

»~

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109/17 8:05 PM »>
I forward the attached for your information. Knowing this group, there will undoubtedly be some wise
comments and observations. which I welcome.

Thanks.

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SUSSMAN-257

.. .

---~----'---c~·-~-.- -~ .,.,.,...,.-~~

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From:
To:
Date:
SUbject:

9/30/02 9:52:27 AM
No-Fly Question

Re the attached article. Who does "maintain" or is "responsible" for the no-fly list?
No-Fly Blacklist Snares Political Activists
The San Francisco Chronicle
By Alan Gathright
September 28, 2002
SAN FRANCISCO, CA -- A federal "No Fly" list, intended to keep terrorists from boarding planes, is
snaring peace activists at San Francisco International and other U, S. airports, triggering complaints that
civil liberties are being trampled.
And while several federal agencies acknowledge that they contribute names to the congressionally
mandated list, none of them, when contacted by The Chronicle, could or would say which agency is
responsible for managing the list. One detainment forced a group of 20 Wisconsin anti-war activists to
miss their flight, delaying their trip to meet with congressional representatives by a day. That case and
others are raising questions about the criteria federal authorities use to place people on the list _. and
whether people who exercise their constitutional right to dissent are being lumped together with terrorists.
'What's scariest to me is that there could be this gross interruption of civil rights and nobody is really in
charge: said Sarah Backus, an organizer of the Wisconsin group. "That's really 1964-ish."
Federal law enforcement Dfficials deny targeting dissidents. They suggested that the activists were
stopped not because their names are on the list, but because their names resemble those of suspected
criminals or terrorists. Congress mandated the list as part of last year's Aviation and Transportation
Security Act, after two Sept. 11 hijackers Dn a federal "watch list" used their real names to board the
jetliner that crashed into the Pentagon. The alerts about the two men, however, were not relayed to the
airlines. The detaining of activists has stirred concern among members Df Congress and civil liberties
. advocates. They want to know what safeguards exist to prevent innocent people from being branded "a
threat to civil aviation or national security."
NO ACCOUNTABILITY
And they are troubled by the bureaucratic nightmare that peDple stumble into as they go from one
government agency to another in a maddening search to find out who is the official keeper Df the no-fly
list. "The problem is that this list has no public accountability: People don't know why their names are put
on or how to get their names off," said Jayashri Srikantiah, an anorney with the American Civil Liberties
Union of Northern California. "We have heard complaints from people who triggered the list a first time
and then were cleared by security to fly. But when they fly again, their name is triggered again."
Several federal agencies -- including the CIA, FBI, INS and State Department -- contribute names to the
list. But no one at those agencies could say who is responsible for managing the list or who can remove
names of people who have been cleared by authorities. TranspDrtation Security Administration
spokesman David Steigman initially said his agency did not have a nO-fly list, but after conferring with
colleagues, modified his response: His agency does not contribute to the no- fly list, he said, but simply
relays names collected by other federal agencies to airlines and airports. "We are just a funnel," he said,
estimating that fewer than 1,000 names are on t~e list. 'TSA has access to it. We dD not maintain it." He
couldn't say who does.
Steigman added he cannot state the criteria for placing someone on the list, because it's "special security
information not releasable (to the pUblic)." However, Em spokesman Bill Carter said the Transportation
Security Administration oversees the nO-fly list: ''You're ar.l<.ing me abo',Jt gomething TSA manages. You'd
have to ask TSA their criteria as far as allOWing ind:l':i::tual~ Cfl an ~;:rplane or not." In addition to their alarm
that no agency seems to be in charge of the list, cr:~~s are worried hy [he many agencies and airlines that
can access it. 'The fact that so many people potentially have access to the list," ACLU lawyer Srikantiah
said, "creates a large potential for abuse."
At least two dozen activists who have been stopped .- none have been arrested -- say they support
sensible steps to bolster aviation security. But they criticize the nO-fly list as being, at worst, a Big Brother
campaign to muzzle dissent and, at best, a bureaucratic exercise that distracts airport security from

1

_ _ _ _ _ _ _....

·~-NO-FtYQUestio-n---- b7 c-:.:l-----------~------·--------"---~-------~------ ~------------ 'Page
b6 -1

looking for real bad guys. "[ think it's a combination of an attempt to silence dissent by scaring people and
probably a lot of bumbling and inept implementation of some bad security protocols," said Rebecca
Gordon, 50, a veteran San Francisco human rights activist and co-founder of War Times, a San Francisco
pUblication distributed nationally and on the Internet.
Gordon and fellow War Times co-founder Jan Adams, 55, were briefly detained and questioned by police
at San Francisco International Airport Aug. 7 after checking in at the American Trans Air counter for a
flight to Boston. While they were eventually allowed to fly, their boarding passes were marked with a red
"S" -- for "search" -- which subjected them to more scrutiny at SFO and during a layover in Chicago.
Before Adams' return flight from Boston's Logan International, she was trailed to the gate by a police
officer and an airline official and searched yet again. While Gordon, Adams and several of the detained
activists acknowledged minor past arrests or citations for participating in nonviolent sit-in or other
trespassing protests, FBI spokesman Carter said individuals would have to be "involved in criminal
activity" -- not just civil disobedience -- to be banned from U.S. airlines.
DEFINING AN ACTIVIST
But, Carter added, 'When you say 'activists: what type of activity are they involved in? Are they involved in
criminal activity to disrupt a particular meeting? ... Do you plan on blowing up a building? Do you plan on
breaking windows or throwing rocks? Some people consider that civil disobedience, some people consider
that criminal activity." Critics question whether Sister Virgine Lawinger, a 74-year-old Catholic nun, is the
kind of "air pirate"lawmakers had in mind when they passed the law. Lawinger, one of the Wisconsin
activists stopped at the Milwaukee airport on April 19, said she didn't get upset when two sheriff's deputies
escorted her for questioning.
"We didn't initially say too much about the detainment, because we do respect the need to be careful
(about airline security)," the nun recounted. "They just said your name is flagged and we have to clear it.
And from that moment on no one ever gave me any clarification of what that meant and why. I guess that
was our frustration." Five months later, the 20 members of Peace Action Wisconsin still haven't been told
why they were detained. Even local sheriff's deputies and airline officials admitted confusion about why the
group was stopped, when only one member's name resembled one on the no-fly list.
At the time, a Midwest Express Airlines spokeswoman told a Wisconsin magazine, the Progressive, that a
group member's name was similar to one on the list and "the (Transportation Security Administration)
made the decision that since this was a group, we should rescreen all of them." At a congressional
hearing in May, Wisconsin Sen. Russ Feingold pressed FBI Director Robert Mueller about the
Milwaukee incident, asking him pointedly for an assurance that the agency was not including people on
the list because they had expressed opinions contrary to the policies of the U.S. government. Mueller's
response: "We would never put a person on the watch list solely because they sought to express their
First Amendment rights and their views."
DATABASE OF SUSPICION
The law orders the head of the Transportation Security Administration to work with federal intelligence and
law enforcement agencies to share database information on individuals "who may pose a risk to
transportation or national security" and relay it to airlines, airports and local law enforcement. It also
requires airlines to use the list to identify suspect passengers and "notify appropriate law enforcement
agencies, prevent the individual from boarding an aircraft or take other appropriate action," In November,
Nancy Oden, a Green Party USA official in Maine, wound up being a suspect passenger and was barred
from flying out of the Bangor airport to Chicago, where she planned to attend a Green Party meeting and
make a presentation about "pesticides as weapons of war."
Oden said a National Guardsman grabbed her arm when she tried to help a security screener searching
her bags with a stuck zipper. The middle-aged woman, who said she was conservatively dressed and
wore no anti-war buttons, said the guardsman seemed to know her activist background. "He started
spouting this pro-war nonsense: 'Don't you understand that we have to get them before they get us? Don't
you understand what happened on Sept. 11?" Airport officials said at the time that Oden was barred from
boarding becaUSe she was uncooperative with security procedures. which she denies.
Instead, Oden poi:1ted out that the American Airlines ticket clerk -- who marked her boarding pass Wi'.:1 all
"S" -- had acknowledged she wasn't picked by random. "You were going to be searched no matter what.
Your name was checked on the list," he said, according to Oden. "The only reason I could come up with is
that the FBI is reactivating their old anti-war activists' files," said Oden, who protested the Vietnam War as
a young office worker in Washington, D.C. "It is intimidation. It's just like years ago when the FBI built a file
about me and they called my landlord and my co-workers.... They did that with everyone in the anti-war

SUSSMAN-258

2"

..-.

-~-,-

-~--,---~.
-~-Pag~

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movement." A
TOOL FOR TERROR
In his testimony before Congress, Mueller described the watch list as an necessary tool for tracking
individuals who had not committed a crime but were suspected of terrorist links. "It is critically important,"
he said. "that we have state and tocals (police) identify a person has been stopped, not necessarily
detained, but get us the information that the person has been stopped at a particular place." None of this
makes the peace activists feel any safer -- about flying or about their right to disagree with their
government.
"It's probably bad for (airport) security," said Sister Virgine. "Stopping us took a lot of staff away from
checking out what else was going an in that airport." Ultimately, she said, "To not have dissent in a country
like this would be an attack on one of our most precious freedoms. This is the essence of being an
American citizen -, the right to dissent."

cc:

SUSSMAN-259

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To:

b6 -1

12/26/02 2:57:25 PM

Date:
Subject:

Re: No Fly List Issue

No. I have not heard anything, but I would be pleased if the SACs would talk to someone about it. As with
everything else these days, there probably needs to be an MOU between the TSA and all the submitting
agencies that no names will go on the list without associated gender unless the reason is comoellina. No
IIv fullv accountable to fix the oroblem vou describe -I
I

I

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b2

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b7E -1

II'm sorry I caT help you further, except that I will send a copy of the below email directly t1"--_-"

I

By the way, I'm retiring from the FBI on 12/31, and SS~
will be the Civil Aviation Security
Program manager, if you have further questions or need additional help. Please give my best to SAC
Knowlton.

b7C -1
b6 -1

RegardD

dr-

. . . 112/26/02 12:10:14 PM »>

bl
b2 -4
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Do you have any update on this matter?
Thanks,

C"----

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c 5 r - - - - - - - b 2 / 1 2 11 :20 AM »>
ASAC Pisterzi writes of a situation which I've broucht to your attention as well as to the TSI Watch'
namely that we need tol

I

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'------------------------------~l":;OJ

Please talk t~
~o see if TSA will rer-=u:.:.:.ir.=.e..::th.:.:e;..;s:.;:u:z:::.=..:.;;L.;=;:.;,,;::,:~.:=...I=.o::a.:::en:.:.;d::.::e:.:.r.::.in.:.::to~the
information forwarded to TSA for Inclusion on the list

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C~~tFIED BY: Uc.. ~Ocl~1.NLS
REASON: 1.5 (

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SUSSMAN-264

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St\J"'t~'~I
I'm sure an expeditious response will be most appreciated by aU concemed. Thanks.

SS~
I(fax)
Civil Aviation Security Program. Room 11795
Domestic Terrorism Counterterrorism Planning Section
Counterterrorism Division
Fleo.gov

.

D
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b6 -1

I

»:> ALBERT J PISTERZI12/10/02 12:06:13 PM »:>

I

I

SAC Knowlton would like a resolution to a recurring problem we've encountered in LV regarding a No-Fly
List (NFL) issue.

1L..:-_------------.l1·(S)

V

I

lL..:-

---11 ThiS

and has not been rectified.

problem has occurred several limes over the past tew months

~..JtS J

Your attention in this matter is very much appreciated.
AL
1

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---1

cc:

Aviation-CAS Program; 1

---1

SUSSMAN-265

b1
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SUSSMAN-266

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E-mail)"

--...L.--____,

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b7D -1
b6 -1,3,4,5
b2 -2

Subject: RE: TSA No Fly List
Date: Thu, 18 Jul2002 13:51:03 -0400

b2 -4
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b7C -1,3,5
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Please advise who will attend this meeting. I may be reached a~I.....-

1Thanks.

b6 -3
b7e -3

SUSSMAN-267

-----Original Message---From~
lFBI) [rnailt~
~leo.gov]
Sent: July 06,20022:51 PM
1.....-_ _

Tor.

eel

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:J(E-~

b7C -1,3,4,5
b7D -1
b6 -1,3,4,5

~(E-mail)

[E-mail)L
Subject: Re: TSA No Fly List

o

sorry, I was looking on the wrong lists - it looks like there is ~
~n the most current
Selectee List 44.
'-----....

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b6 -1,2,5

faa.gov>
L-......._-----r(E-mail).1L...(E-mail)"
st.dot.gov>
Sent: Friday, July 05,2002 5:50 PM
Subject: Re: TSA No Fly List

~state.gov>;IL...-

b7C -1,3,4,5
b7D -1
b6 -1,3,4,5

_

Hello~L-- _ _

I

It appears that there is no more
Ion either of the two lists (No Fly 73 or Selectee 44), so
Mr[
should have no more problems for now. However, if another
should
be put on the list, his name would trigger something. Your advice was the best that could be given
under the circumstances. I don \ know if FBI put him on the list or not.
b 7C - 1 , 2 , 5

I

I

I

b6 -1,2,5

11.---_
I

ISupervisory Special Agent
Civil Aviation Security Program
Special Events Management Unit, Room 11795
Domestic Terrorism Counterterrorism Planning Section
Counterterrorism Division
Federal Bureau of Investigation

Il....--

_

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SUSSMAN-268

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L-lS..,..t-------------------~~c - ~ 1,5
r S....A
Date: Tue, 18 lun 2002 21 :31 :57 -0400
b 7 D -1
Hi - 1m working late. which gives me time to answer. I have been =
b 6 -1, 5
preaching the exact same problems here, but perhaps it will mean more to =
my bosses coming from you. Anyway, I met with TSA recently and it was =
quite revealing, so nl give you the latest.

b2 -4
b7C -1
b7D -1
b7E -1
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5U55MAN-271

;:2......==~@leo.goV>
leo.gov>

~

I

-

-

L...-

-

......._ - -.....

----I~---'

-

.......

ost.dot.gov>

b7C -1,3,5
b7D -1
b2 -2
b6 -1,3,5

Thank you for the email.andwhoi~~obviouslyTSA.butI.ve
never met her. Is she an International rep or someone directly involved
with the lists? I would welcome such a meeting, as our agents are
having the same problems, but we are the ones giving the TSA the info,
so it's hard to criticize ourselves. I've learned more about that since
our last interaction and can talk to you about it if you want to call.
The TSA maintains that they still only act as a conduit for the FBI and
make no decisions about who or what to put on the list, but they refuse
to coordinate the procedures with the FBI. The lack of coordination
issue has been raised up pretty high now in the FBI due to questions
posed to the Director for the hearings. I will keep you posted.
Thanks·D
I

b7C -3,5
b6 -3,5

b7C -1
b6 -1

ISupervisory Special Agent
Civil Aviation Security Program
Special Events Management Unit, Room 11795
Domestic Terrorism Counterterrorism Planning Section
Counterterrorism Division

IFederal Bureau of Investi~:;
;~E-Original Message
To
Cc
(E-mail)

L~(E-mr-al.·I),--_
...
_....,

ICE-mail) ~

Sent: Tuesday, June 18,02 12:18 PM
Subject: TSA No Fly List

o

b2 -1
b7C -1,3,5
b6 -1,3,5

~E-mail) ;1

- - - -......
b2 -4
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b6 -3

AUG-eS-az

11:57 AM

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SIISSMAN-273

"'"'"'"":"'------_......:.u..I.':I.:U~=.Li..l..._

,

I

__

,

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r

JACKSONVILLE, FLORIDA 32207
PHONE
FAX:

C

Date: _~I....::n--",-

Time:

b2 -1
b7C -1,2,6
b6 -1,2,6

_

o:I'-------y-~O'~---JL- senderl
Froml
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Tclccopy #:

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Number of pages (including cover):
Special Instmctions:

1

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_ _' _

Orl91~ GLu

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If thcre is any problem with the enclosed telecopy, please call.

CONFIDENTIALITY NOTE
The dOClImClltS accompanying this telecopy transmission contain infonnation from the
I
Iwhioh is confidential or privileged. The infonnation
is intended to be for the use of the individual or entity named on this transmission sheet.
If you arc the intended recipient, be aware that any disclosures, copying, distribution, or
use of thIs information is prohibited. If you have received this tclecopy in error, plelll'e
/notify us by telephone immediately so we can arrange for the retrieval of the original
d(l('11 111Cnl

Florid" Statute (395.017) and Federal Regulations (42 CFR Part 2), prohibits you from
making :InY further disclosure ofrhis infonllation except with the speciflc written consent
of the person to whom it pertains.

ALL mrORMATlON CONTAINED
HEREI!i.IS lJ1'lC~...s'F~
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03- 1.1)1') ~

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11:57 AM

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SUSSMAN-274I

Po02

b7C -2
b6 -2

I
August 6. 2002

I

ISupervisory Special Agent
Civil Aviation Security Program
Special Events Management Unit, Room 11795
Domestic T~rrorism Counterterrorism Planning Section

b7C -1
b6 -1

RE: No fly list/deny bOlllding list.
DcarlL....-.

_
.b7C -2,6

1am writing this letter to thank you for your dTort in resolving my situation. As
recomm~nded I wrote a Jetter to the Corporate Security Offices of most of the North
American Airlines. To help you remember my situation. 1am attaching a copy of your cmail 101

b6 - 2,6

I

I have not heard from the Airlines and it may be some time before' receive a response
from Ih~m. It may be extremely helpful for me if I could have Il stlltenlent from yOtl, on
your stationary, indicating the fact that I am not the individual that the FBI is looking for.
.j:..::.~.:..:.Ifd_.....-~------:--~___r-u:.:=:.I:.::o:.:.;rt
number

. I
'ty
b
re-.odent
1.....:...._ _...c:=~-=:.::.L..a.......,,.......,r----JloeI8
secur. Dum e~====:L:..:;~
L..---r-----.......,....J n ae onville, Florida, born In I
Jete:. is
tbat
we
are
looking
for".
L........I
I all) assuming thtlt if I CBn present this statement at the time of boarding an aircraft it
would facilitate my processing.
I !:cnd my hc.!Sl regards and I wish youluck with catching the three bad guys that arc
causing me such anguish.

_.

b7C -2
b6 -2

\ '.

~U~-e8-e2

•

11:57

AM

SUSSMAN-279

p.e::>

~~~~~

II_ _ _ _- - - - - - Jl:~~;"'"
_ _l.._---b2 -2 - - - - - -

~:~~;

II Monday

~~ C_~ 1

July 29. 2002 3:4 t p,leo,gOV]

Cc:
Subject:

Dea~L..

_

Thank you for your email to explainl
~erience at Jacksonville
Ai~port. Please understand that it is not
who is on the No Fly
list, but similarly named people who may p~r to aviation.
As you
might imagine, I
lexperience is repeated aero" the country with
the more common names, both in Arabic and Enqlish. tt's difficult to be too
cautious. ~rocedurally, when people with names similar to names on the list
present themselves at the ticket counter with their identification, airlines
are Qiven the option of determininq for themselves that the passenqar is not
the person on the list. Some airlines either don't have the capabi11ty or
don't accept the option to make the determination, and therefore they must
contact the airport police for & decision. If the pollee were checkinq
da~abase9, tt's possible they didn't want to render a decision until they
W9re absolutely sure of who!
I was, or wasn't. Unless there is a
.real question IU' to whether!
I is the same as someone on the list,
clearance should not take more than 5 minutes.

r jU9t Qat off the phone withl
land it Bounds like a problem with
the airlines at Jacksonville Alrport, becauscl
I advised that he

b7C -2
b6 -2

b2 -1
b7C -1,2,6
b6 -1,2,6

didn't have the same problem at Dulles in D.C. r providedl
Iwith
sorna guidance for contacting the airlines with whom he has a Frequent Flyer
number, and also for initiatlnQ contact himself with the airport police
prior to arrival at the airport, to give them a heads-up.

I

In the meanti.me, I knowl
spoke with someone today at the
Jacksonville reI office, but I dldn't recognize the name of the person he
spoke with. rherefo~e, r will be contactinq two experienced aviation
security agents in our Jacksonville office for follow-up at the airport to
see if there is a problem which can be easily rectified.

b6 -2
b7C -2

Sincerely,

I

I

Supervisory Special AQ@nt
AVLatlon Security Proqram
special Events Manaqement Unit, ~oom 11795
Domestic Terrorism Countorterrorism Planning Section
Co~nterterrorism Division
federal Bureau of InvestiQatlon

civIl

I

I (fax)

E'rony-.......--"""'t-:---_------To:
CC:
Sent:

0

Subject:

:hP ;hh :ef:rred ::

,

~.

--.J

t:

>
::u s
::rardinq
a "No Fly List"
in which
ourlhL..e--w-a-s--->
Iha
inadvertently
been put
on. ~s
>o.v ngac sonv~ I n
M inq, he was detained for forty-five (451
> m~nutQ9 land almost missed his fliqht to New Orleans) to be run throuqh
> every computer .database that was available by the local authorities. The

b2 -2
b7C -1,2,6
b6 -1,2,6

08-02

11:58

AM

I

SUSSMAN-276

--------_-.:=~~~~~~

P.04

> local authorities suggested that he call the FBI to have his removed from
> thi.s sa-called "No Fly List". The 'IS1\. and FAA were also notified by both
~
I of!ice personnel, &$ well as myself. ~£ter numerous calls,
) transfers, etc., we were directed back to the rBI.

>r------

>1> Jacksonville,
lis a FLvery
well-known and respectedl
area (please refer to his webSite:!

I:::: :::

l

aLii
, uuax.ess,
> personal and other hospi~al related issues: and it is imperative that he
nat
> be continually detained by ~he authorities. ~fter the 9/11 terror1sts
> attayXs, we un~erstand the DQQQ for increased security; however, we hope
> tnatL
JWill not have to endure the humiliation and delay in travel
> that he experienced this mornin~.
> Quite often, he is required to travel out of state

>

>
>
>
>
>

His passport number is:

I

His date of birth is:

I- - - - -

On Monday, July 29th,1
I will be meeting with the local rBI here in
Jacksonville, FL. If there is any f~rther liqht you can shed on ~hi9

incident, it would be greatly

Tneml

apprecla~ed.

>

V
,

>
>

2

b6 -2,6
b7C -2,6

AUG-e8-El2

11 :58

AM

[_

5U55MAN-277

I
I

I

I

p.e5

I
July 30,2002

Delt ~ Airlines Inc.
Hartsfield Atlanta International Airport
Atlanta. Georsia 30320
b7C -1,2

ATfN: Corporate Security

b6 -1,2

RE: No fly list and/or deny boarding list

I am writing this letter on a suggestion Crod
'with t~o FBI office in
Washington. DC. Apparently, three names similar to mine: are currently included in the above
list. During my recent travels 1 had significant difficulties boarding a plane because of the
increased sccurity. I understand the added security requirements thal are mantlated by the FBI
and the homeland security needs.

I

1vilh the FBI officI! in Washington, DC, has indicated that the airlines Corporateb7C -1
Security Offices Bre required to implement systems that will meet the security needs oflaw b6 -1
enforcement without creating a burden on innocent passengers like myself.

On Julyt2. 2002, while traveling thru Washington Dtlltcs Airport I WllS delayed 20 minutes
because my name came up in the system as matching a name in the list. On July 26, 2002 in
Jacksonville International Airport I was detained for 45 minutes by police officers at tha airport
because my name matched a name on thelisl. I was eventually allowed to board the airplane but
not before causing me great anguish.
The namJ
Icannot be removed from the list until the issues of the three
individuals mentioned in the list arc resolved. I understand this. However, r believe that your
agency can include sonle information in your system to identify me as someone that was already
cleared by the rBI and should be allowed to board withoul unnecessary delays.

r am enclosing a complete set of infonnation about myself in the attached sheet of paper. I am
also sending you copies of my passport. driver's license and II few of my frequent flyer nllmbers.
If you hnve any questions please call me. Moreover, if YOU have a"ra questions about your duties
and YOlJr responsibilities to US Citizens please contact [
at the FBI office in
Washington, DC. If you need to contact me directly, my cell phonc is
b7C -2

I

ds

cc::

I

b6 -2

AUG-8S-B2

11:53

AM

1~

~S~U~S~S~M~A~N~-2~7~8~

___

p.et>

b7C -2
b6 -2

My name i~

Imy middle initial i~

I
I

My full nllmc isl
Social Security Numbcr~

Dat~ of Birlhl

_

_

Place of birth ~""'--

----'

My US Passport Number i~

_

My United Airlines Frequent Flyer Number ist~

My Della frequent flyer Number

is:I'--

_

_

SUSSMAN-280
b7C -2
b6 -2

II

~.

I

I

August 6, 2002

I

ISupervisory Special Agent
Civil Aviation Security Program
Special Events Management Unit, Room 11795
Domestic Terrorism Counterterrorism Planning Section
RE: No fly list/deny boarding list.

b7C -2
b6 -2

DearlL....-

.....J

I am writing this letter to thank you for your effort in resolving my situation. As
recommended I wrote a letter to the Corporate Security Offices of most of the North
American Airlines. To help you remember my situation, I am attaching a copy of your email tol

I

I have not heard from the Airlines and it may be some time before I receive a response
from them. It may be extremely helpful for me if I could have a statement from you, on
your stationary, indicating the fact that I am not the individual that the FBI is looking for.
F==~a.,if I

ith passport Dumber
date of birth
ocial security oumb.m
bsideot
L----,r------.....-rD Jacksonville, Florida, born
:}tc. is
"--... hat we are lookiog for".
have a note statin

inC

I am assuming that if I can present this statement at the time of boarding an aircraft it
would facilitate my processing.
I send my best regards and I wish you luck with catching the three bad guys that are
causing me such anguish.
CO'

b7C -2
b6 -2

ALL INFORMAnON COfflAINB)

.

)

We

H~~~~~~~~t. 'l NU(A
~ 03-/,)'l~
, CAL

b7C -1
b6 -1

SUSSMAN-2SI
b7C -2
b6 -2

I

I
July 30; 2002

Del 1\1 Airlines Inc.
Hartsfield Atlanta International Airport
..,
A t lauta, GeorgIa 30-,20

A TfN: Corporate Security

b7C -1
b6 -1

RE: No fly list and/or deny boarding list

I am writing this letter on a suggestion froml

Iwith t!le FBI office in
Washington, DC. Apparently, three names similar to mine are currently included in the above
list. During my recent travels I had significant difficulties boarding a plane because of the
increased security. I understand the added security requirements that are mantlated by the FBI
and the homeland security needs.

I

lwith the FBI office in Washington, DC, has indicated that the airlines Corporate
Security Offices are required to implement systems that will meet the security needs of law
enforcement without creating a burden on innocent passengers like myself.
On July12, 2002, while traveling thru Washington Dunes Airport I was delayed 20 minutes
because my name carne up in the system as matching a name in the list. On July 26, 2002 in
Jacksonville International Airport I was detained for 45 minutes by police officers at the airport
because my name matched a name on the list. I was eventually allowed to board the airplane but
not before causing me great anguish.
The namel
kannot be removed from the list until the issues of the three
individuals menhoned In the list are resolved. I understand this. However, I believe that your
agency can include some information in your system to identify me as someone that was already
cleared by the FBI and should be allowed to board without unnecessary delays.
I am enclosing a complete set of information about myself in the attached sheet of paper. I am
also sending you copies of my passport, driver's license and a few of my frequent flyer numbers.
If you have any questions please 'call me. Moreover, if you have an~ questions about your duties
and your responsibilities to US Citizens please contac~
jat the FBI office in
Washington, DC. If you need to contact me directly, my cell phone isl

I

With kindest remlfds.
b7C -1
b6 -1

cc:1L -

fBI Supervisory Special Agent

---'

SUSSMAN-282

Imy middle initial i~,--

My name isl'-My full name

i~

lo~

Social Security Numbe~

I
I

I

b7C -2
b6 -2

Date of Birthlr----.!:::::::=::::;--...J
Place of birth:I'-My US Passport Number

.....J

isl

_

My United Airlines Frequent Flyer Number i s l r - - - - - - - My Delta Frequent Flyer Number is:

I

'--

All INFlmMATlON CONTAJN8)

----J

(

J

HE~I
UN
SiFtED
I '\
I (...,5 A
OA·
YUc.J.~1O N
CA 03- ')')C1

~L

I

From:
Sent:

I

To:
Cc:

Monday,

'leo.90V]

July 29, 2002 3:47 P

b2 -2
b7C -1,2,6
b6 -1,2,6

Subject:
Dear Ms

.I

...J

Thank you for your email to explai~
~ience at Jacksonville
Airport. Please understand that it is not ~ w h o is on the No Fly
list, but simirarly named JeOPle who may pose a danger to aviation.
As you
might imagine,L
experience is repeated across the country with
the more common names, bot in Arabic and English. It's difficult to be too
cautious. Procedurally, when people with names similar to names on the list
present themselves at the ticket counter with their identification,airlines
are given the option of determining for themselves that the passenger is not
the person on the list. Some airlines either don't have the capability or
don't accept the option to make the determination, and therefore they must
contact the airport police for a decision. If the police were checking
databases, it's possible they didn't want to render a decision until they
were absolutely sure of whd
Iwas, or wasn't. Unless there is a
real question as to whethe~is the same as someone on the list,
clearance should not take more than 5 minutes.

I

I

b7C -2
b6 -2

il

just got off the phone with
and
sO\mds like a problem with
the airlines at Jacksonville airport, because
:' advised that he
didn't have the same problem at Dulles in D.C. I provLdedl
I with
some guidance for contacting the airlines with whom he has a Frequent Flyer
number, and also for initiating contact himself with the airport police
prior to arrival at the airport, to give them a heads-up.
I

b7C -2
b6 -2

In the meantime, I knowl
'spoke with someone today at the
Jacksonville FBI office, but 1 dLOn't recognize the name of the person he
spoke with. Therefore, I will be contacting two experienced aviation
security agents in our Jacksonville office for follow-up at the airport to
see if there is a problem which can be easily rectified.
Sincerely,

I

!Supervisory Special Agent
AViation security Program
.
Special Events Management Unit, Room 11795
Domestic Terrorism Counterterrorism Planning Section
Counterterrorism Division
,federal Bureau of Investigation
c~vii

----- Original Message

From.=..::1===5U:~::;;~~===============~
~~
~ If
neu:yonv'>,
Sent: Monfd~a~v~,~~J~!~_~2~~~_2~O~O~2_2:33 PM
Subject:

I

b2 -1
b7C -1,2,6
b6 -1,2,6

---,

I

> The FAA referred me to you regarding a "No Fly List" in which ourl
---'
>1
I has inadvertently been put on. As he was
> leaving JacksonvLlle thLS morning, he was detained for forty-five (45)
> minutes (and almost missed his flight to New Orleans) to be run through
> every computer database that was available by the local authorities. The

5U55MAN-285
> local authorities suggested that he call the FBI to have his removed from

> this so-called "No Fly List". The TSA. and FAA were also notified by both
>1
office personnel, as well as myself. After numerous calls,
> transfers, etc., we were directed back to the FBI.

I

>-----

I

is a very well-known and respected physici~n here the
> Jacksonville, FL area (please refer to his website: l
~----~--~~
> Quite often, he is required to travel out of state for seminars, business,
> personal and other hospital related issues; and it is imperative that he
not
> be continually detained by the authorities. A.fter the 9/11 terrorists
> attacks, we understand the need for increased security; however, .we hope
> that I
I will not have to endure the humiliation and delay in travel
> that he exper~enced this morning.
>
> His passport number is:
His date of birth is:
>
IWill be meeting with the local FBI here in
> On Monday, July 29th,1
> Jacksonville, FL. If there is any further light you can shed on this
> incident, it would be greatly appreciated.
>

>1

I

~

I·

,SincerelY,

>
>

2

b6 -2,6
b7C -2,6

I

@leo.gov
Sent: Friday, July 05, 2002 9:51 AM
Subject: TSA No Fly List

b7C -1
b2 -1
b6 -1

There is a specific case involving the TSA List which is a slightly
bigger
problem for us. The list contains the namel

=

b7C -2
b7D -1

IrI

Iwe have a Mr.l
JhO is
continually denied access to the automated check-in and is given the
third
~s thel _---'
de e every time he flies. The problem is our Mr.1
r-L-

......which ~eans that he a member o~

--..

b6 -2

_

hich means that he is required to travel the world
for
preparatory meetings related to tb.~

'----------_....

I

We have advised our
~o book his ticket using his full names
which
IHis
match those on his passport i.e;
travel agent has added his Frequent Flyer details to all his bookings
and
provide~
~OB, Passport # and Country ofIssue so he can
I Still he
checked out early throughDwhen he travels to thel
get's hassled.

I

Is there anyway way for you folks to verify whether you~

b7D -1

lis

still
a
valid name, add more details or delete it?
We're still looking forward to meeting with you folks to try and come to
grips with the TSA List issue.
Happy 4th!

D

b7C -5
b6 -5

All INfORMATION CONTAINfD
HERElllS ~C~IFJEL I

~I

I /c

J)A1E~ --'I
y~b') 1~L.s ACt (nL
L' ~4 03- ,') 0"1
rv
A

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SUSSMAN-286

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All l~'
FOR A'110N CONTAINED

4. Watch Lists

IIE~~I t:fG'N'~S~fl£
. ,'I'IIIA~'~#P'5
BY
.,., ~
'''''.''
{)..I- /1 '1
'IA . t:

Number of different lists

9/11 - Project Lookout Watch List (450 names)
Widely disseminated
Pared down, threats to air travel turned over to FBI
Eliminated on 10-23-01
Terrorism Watch List established March, 2002
Protocols for addition and removal of names
Through VGTOF,I"-b2 -4
b7E -1

---J

ITSA maintaij 2 lists: (1) No Fly List and (2) Selectee LiS~L...Names from various sources, but attributed to FBI
Poor Identifiers
No Fly List - FBI called upon to investigate
No removal process

_

(),Y~"/ (i
V('! tJ 1.
L

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N'C/(kYr

f'

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r1\;SV{(

Investigative Law Unit involved

b2 -4
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NSLU working with DOJ, INS on MOU
Recommendations:
bS -1

H

7C -1

b2 -4
b7E -1

o

I"""--------------------SUSSMAN-288

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Privacy [ssues

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Post 9/11 Detainees

NSLU~

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~Pike)

Inspections

b6 -1

.LibrarieslBook Stores
b7C -1

NSLU

HL INFOii!:{')!]Ur l

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Colleges

NSLU

~~?J15f#f4#6;65

~

1

b6 -1

LONTAINED

b2 -4

-I

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5
First Amendment Activities b7C -1
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Dissemination of(\Vat~h'~tsC!:!~ Fly Lists

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~ay have worked on - put to~ether EC on who should go on list)
- C]tt- qhqJ4fG~C.ft\y...J-l
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Spik9

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Infonnation Sharing with State and Local Law Enforcement

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FTITF -J;)ata Mining

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AJ.I-

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Canuvore/D4S 1000

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Other Technology Issues Related to Data Systems with over 10,000 records - Pat Kelley
Council, Privacy Impact Analysis Review '

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Follow-up after 12-20-02 Mtg with Director on Privacy Issues
Racial Profiling - Check on OLP Guidance (Done-Nothing forthcoming)
Re: Watch Lists (TWL, No Fly List/Selectee List)
Talk to Larry Mefford about Protocols as to who goes on list, and how names can be
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Prepare Ee or e-mail instructing that if making non-specific request for records in
absence of predication, check with OGe (SteelelILU)
Technology Review Board
Move forward on design, formation (KelleyrrLU)
Designate OGC Attorney to monitor ongoing privacy issues (Wainstein/Steele)
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Citation
11/19/02 WSJ Al
11/19/02 Wall St. J. A1
2002 WL-WSJ 103126477

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Tuesday, November 19, 2002
Far Afield:

FBI's Post-Sept. 11 'Watch List'
Own

Bureau Gave It to Companies;

Mutates, Acquires Life of Its

Now, Out-of-Date Versions

Dog Some People Named

Still Citing the Atta Brothers
By Ann Davis
LAS VEGAS -- When a patron at the New York-New York casino plugged his
frequent-player card into a slot machine one day this summer, something strange
happened: An alert warned the casino's surveillance officials that an associate
of a suspected terrorist might be on the grounds.
How did a casino's computer make such a connection? Shortly after Sept. 11, th
FBI had entrusted a quickly developed watch list to scores of corporations aroun·
the country.
Departing from its usual practice of closely guarding such lists, the FBI
circulated the names of hundreds of people it wanted to question.
Counterterrorism officials gave the list to car-rental companies. Then FBI field
agents and other officials circulated it to big banks, travel- reservations
systems, firms that collect consumer data, as well as casino operators such as
MGM Mirage, the owner of New York-New York. Additional recipients included
businesses thought vulnerable to terrorist intru~ion, including truckers,
chemical companies and power-plant operators. It was the largest intelligencesharing experiment the bureau has ever undertaken with the private sector.
A year later, the list has taken on a life of its own, with multiplying -- and
error-filled -- versions being passed around like bootleg music. Some companies
fed a version of the list into their own databases and now use it to screen job
applicants and customers. A water-utilities trade association used the list \lin
lieu of" standard background checks, says the New Jersey group's executive
director.
The list included many people the FBI didn't suspect but just wanted to talk
to. Yet a version on SeguRed.com, a South Al~erican security-oriented Web site
that got a copy from a Venezuelan bank's security officer, is headed: "list of
suspected terrorists sent by the FBI to financial institutions." (The site'S
editor says he may change the heading.) Meanwhile, a supermarket trade group use
a version of the list to try to check whether terrorists were raising funds
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through known shoplifting rings. The trade group won't disclose results.
The FBI credits the effort, dubbed Project Lookout, with helping it rapidly
find some people with relevant information in the crisis atmosphere right after
the terror attacks. MGM Mirage says it has tipped off the FBI at least six times
since beginning to track hotel and casino guests against the list.
The FBI and other investigative agencies -- which were criticized after Sept.
11 for not sharing their information enough -- are exploring new ways to do so,
including mining corporate data to find suspects or spot suspicious activity. Th·
Pentagon is developing technology it can use to sweep up personal data from
commercial transactions around the world. "Information sharing" has become a
buzzword. But one significant step in this direction, Project Lookout, is in man~
ways a study in how not to share intelligence.
The watch list shared with companies -- one part of the FBI's massive
counterterrorism database -- quickly became obsolete as the bureau worked its wa~
through the names. The FBI's counterterrorism division quietly stopped updating
the list more than a year ago. But it never informed most of the companies that
had received a copy. FBI headquarters doesn't know who is still using the list
because officials never kept track of who got it.
"We have now lost control of that list," says Art Cummings, head of the
strategic analysis and warning section of the FBI's counterterrorism division.
"We shouldn't have had those problems."
The bureau tried to cut off distribution after less than six weeks, partly fror
worry that suspects could too easily find out they had been tagged. Another
concern has been misidentification, especially as multipart Middle Eastern names
are degraded by typos when faxed and are fed into new databases.
Then there'S the problem of getting off the list. At first the FBI frequently
removed names of people it had cleared. But issuing updated lists, which the FBI
once did as often as four times a day, didn't, fix the older ones already in
circulation. Three brothers in Texas named Atta -- long since exonerated, and no
relation to the alleged lead hijacker -- are still trying to chase their names
off copies of the list posted on Internet sites in at least five countries.
People whO've asked the FBI for help getting off the bootleg lists say they've
been told the bureau canlt do anything to correct outdated lists still floating
around. The FBI'S Mr. Cummings says that "the most we can control is our officia=
dissemination of that list~" Once it left the law-enforcement community, "we hav{
no jurisdiction to say, 'If you disseminate this further, we will prosecute
you." I
Despite the problems, Mr. Cummings and other proponents of information- sharinc
say the process should be improved, not abandoned. Software companies are rushin<
to help, trying to make information-sharing easier and more effective.

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11/19/02 WSJ Al
Systems Research & Development in Las Vegas is among those working on ways to
make exchanging law-enforcement and corporate information a two-way street
without compromising privacy. "I believe there's probably 10 to 50 companies in
America that across them touch 80% to 90% of the entire country," says SRD
founder Jeff Jonas, citing credit-card companies, banks, 'airlines, hotel chains
and rental-car companies. "There should be a protocol in place that corporate
America could bc plugged Into that allows them to say, 'We'd like to help, I " he
says.
But some officials at the U.s. Customs Service, the Office of Homeland Securit
and the FBI's own Criminal Justice Information Services Division doubt the wisdo
of circulating watch lists widely, and some say they didn't even know about
Project Lookout. civil libertarians worry about enlisting companies to track
innocent people for the government. Many companies say they need to be insulated
from liability if they're expected to share data on people with the government.
"It's a tough, tough box to get into. You end up with legitimate concerns abou
moving into Orwell's '1984,'" says Henry Nocella, an official of Professional
Security Bureau Ltd. in Nutley, N.J., and a former security director at
Bestfoods. "Yet you know there's a need to collect and analyze information."
Before Sept. 11, the government rarely revealed the names of terrorism suspect
to companies. The exception was when it had a subpoena for specific information
the government believed a company had about a person under investigation. But
after the attacks, counterterrorism officials were concerned that members of
terrorist cells could have slipped undetected into companies or communities. The
feared that by the time they figured out where to direct subpoenas, the suspects
could get away or even stage another attack.
Holed up in a "strategic information and operations center" in Washington, a
small circle of FBI officials decided on Sept. 15, 2001, to put out a broad
heads-up to state and local police and to trusted companies. "We're not playing
games here. This was real life. We wanted as many people as possible to know thi
is who we wanted to talk to," says Steven Berry, an FBI spokesman.
r

Agents cast a wide net that, by its nature, included scores of innocent people
They started by using record searches and interviews to identify "anybody who ha,
contact" with the 19 hijackers, Mr. Cummings recalls. Kevin Giblin, chief of. the
terrorist warning unit, decided,that car-rental companies, and local police shoul.
be the first outside of the airlines to get the list. One firm that received it,
Ford Motor Co.'s Hertz unit, says it checked the list against its records and
told the FBI of any matches, but then basically let the list lie dormant.
Trade groups proved a quick way to spread the word. The FBI gave the list to
the Transportation Department. It shared the names with the American Trucking
Associations, which promptly e-mailed the list to nearly 3,000 trucking
companies. The International Security Management Association, an elite group of
executives at 350 companies, put the list on a password-protected part of its We
site, allowing members to scan it in private, members say.
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On their own, FBI field agents shared the list with some chemical, drug,
security-guard, gambling and power-plant companies, according to interviews witb
companies. The FBI's Mr. Giblin says he hadn't realized how extensively field
agents distributed the list. But he says agents have considerable autonomy and
are expected to keep close ties to companies in their area.
One field agent, Daron Borst of the FBI's Las Vegas office, says, "I do
remember very distinctly the attitude of the country was, 'Do something.' This
was one way to get out there and develop an intelligence base. The other option
was to sit in our offices and wait for the phones to ring."
Mr. Giblin says that by Oct. 23 of 2001, he had notified police agencies that
the bureau was no longer looking for the people on the watch list. But he made n
arrangements to tell businesses. Indeed, Southern Co. didn't receive its list
until November 2001, when FBI field agents in Alabama asked the power company to
"see if any folks on the list . . . had [customer] accounts," says a company
spokeswoman, Laura Varn. The FBI declines to comment on the timing.
Mr. Giblin says the bureau stressed to recipients that the people named weren'
all suspects. "This wasn't a blacklist," he says.
Mark Deuitch landed on the list. A financier from Boone, N.C., he works on
deals for Middle Eastern investors. On Sept. 11, he was scheduled to begin a
flight that would take him to Washington -- using a ticket purchased by a Saudi
business partner. After interviewing Mr. Deuitch, the FBI removed his name.
But even now, Mr. Deuitch says, nearly every time he does a Google search of
the Internet, he finds another version of the list that still has his name on it
He says he is searched so often at airports that he has curtailed his flying. He
says it orice took him nearly two hours to get a rental car from Budget in
Florida. Budget Group Inc. had no comment about Mr. Deuitch's experience except
to say it gave the FBI historical reservations data right after Sept. 11 and "we
have not been asked in recent months to assist the FBI in this manner." Mr.
Deuitch says his worst fear is "an unstable person getting hold of the name and
wanting to take some sort of revenge."
The initial list also named Asem Atta. Mr. Atta, a Pakistani programmer who
once worked for Enron Corp., wasn't hiding. He has his own Web site, which
proclaims his affection for the rock band Red Hot Chili Peppers, his dislike for
the color purple and his love of a special hummus recipe.

Mr.

The FBI later removed
Atta and two brothers from updated versions of the
watch list. The brothers d~clined to comment, but Rhonda Atta, the U.S.-born wif
of one of them, recent.1 ~l called the FBI to complain about several lists that
still include tb2 brothers. She cited an Italian Web site and one in Mexico. Ms.
Atta says an FBI agent in Texas told her it didn't have control over those sites
and she needed to write the sites a letter.
At DuPont Co., global security manager William Reiter says he ran the FBI watc
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11/19/02 WSJ Al
list against all 97,000 DuPont employees. He also sent a printout to managers at
hazardous-chemical plants and asked them to check the names of vendors'
employees, warning: "If you find anybody, do not confront them. Go to your local
terrorism task force." DuPont saw a few names it had questions about, but none
turned out to be the people the FBI was interested in.
The absence of addresses, dates of birth and Social Security numbers for many
names made some companies fret that the lists were an invitation to misidentify
people. At Securitas Holdings Inc., a unit of Securitas AB that runs the
Pinkerton and Burns security-guard businesses, Chairman Don Walker says he
compared a watch list of about 150 to 175 names against his payrolls once, then
told the FBI to take it back.
The few hits he got turned out to be the wrong person. Mr. Walker says he was
uncomfortable participating in "a snitch system" based on possibly faulty data.
"We didn't feel like it was information that was something you could make a
decision about. You get a name and what are you going to do with it? Are you not
going to hire anybody with that name?lI
Airline Automation Inc., a Tucson, Ariz., company that helps airlines process
reservations, says that early on, it was receiving four or five versions of the
list a day from an airline client. Using a "fax of a fax,lI staffers furiously
pecked names into a database. "Some of the names were so smudged it was difficul
to see . . . . The 10'S blurred into 'e's,lI says Frank Arciuolo, an executive vic,
president. The FBI later sent some companies electronic versions.
Few companies had the skills to detect whether Middle Eastern names had .errors
or to check for common alternative spellings. Airline Automation called in
Language Analysis Systems Inc., a name-recognition-software firm in Herndon, Va.
A list reviewed by the language firm's chief executive, Jack Hermansen, for The
Wall Street Journal contained a number of first names of Abdul, which Mr.
Hermansen says is almost never a complete first name on its own. liThe risk is
that you'll match many, many Abduls. It's like looking for 'Mac' in the Scottish
phone book, II he says. Other entries looked as if they'd been transcribed by an
optical scanning machine with some mistaken letters.
By the time the FBI tried to close out its list, at least 50 versions were
floating around, say people who saw numbered ones. Some companies were asking
software firms such as Systems Research & Development how to make better use of
the lists. SRO, which is financed in part by a venture-capital arm of the Centra
Intelligence Agency, has a program called NORA, .for Non-Obvious Relationship
Awareness. It mines data to detect hard-to-see links between people, such as use
of the same residence or phone number.
MGM Mirage - - which was already using NOR/{ to c·;~eck hotel arid casino guests I
names against a lot of lists, such as those of people whose assets have been
frozen -- began using the software with the FBI watch list. This is how Patricia
Fischer, an MGM surveillance executive, got a computer alert this summer about
the gambler at the New York-New York casino. She decided the gambler's link to
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11/19/02 WSJ Al
the watch list was too tenuous to pass on to the FBI: The man merely lived in an
apartment building across the street from someone whose name had once had been 0:
the list but had been removed. NORA software had made the li~k.
Though MGM's list is out of date, Alan Feldman, an MGM senior vice president,
figures that nit's better to have the information than not, on the off chance
that something might develop from one of' the names even though it had been
removed..
We don't see the harm in it. n Mr. Feldman says "the beauty of the
system is that we're getting advance information" such as a hotel reservation ane
"watch for you to come in."
The FBI's Mr. Giblin says when he fields tips nowadays from companies that havE
the watch list, he tells them it's obsolete. But not all field offices turn down
such tips.
There are conflicting views in the government about how far to go in recruitin~
companies as law enforcement's eyes and ears. The Office of Homeland Security
says it has no plan to share with companies a master list it's compiling that
consolidates' watch lists from various agencies. SRO, meanwhile, is trying to
interest companies and the FBI in software that would allow them to query one
another about possible matches without letting them see each other's data.
If the government does decide to disseminate watch lists in the future, it
won't face high legal hurdles, says Daniel Ortiz, a law professor at the
University of Virginia. He says someone who appears wrongly on a watch list coul<
ask for a correction but couldn't prevent the list's circulation or sue the
government for damages under current privacy laws. The government just has to be
careful not to single people out solely on race or ethnicity.
Businesses face more jeopardy, however. Many industries, such as cable
companies and banks, operate under special privacy laws preventing them from
giving customer information to the government without a subpoena.
Galileo International, which processes millions of air, hotel and car-rental
reservations, has discussed ways the government might link up to Galileo's
system. The firm, a unit of Cendant Corp., hasn't gone forward in part because oj
both privacy and liability concerns, says Paul Quade, a vice president.
"If the government comes out with an indemnification or firewall or total
privacy system, we'd be happy to participate in anything that serves homeland
security," Mr. Quade says. "I don't think anybody's come up with a solution yet
that we can use to identify dangerous people and at the same time protect real
people. II

Question: Should companies be given the names of people the FBI wants to
interview in its counter-terrorism efforts? Visit WSJ.com/Question· to vote.
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SUSSMAN-298
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11/19/02 WSJ A1

Tough Call
Enlisting corporat~ons to help terror investigators has benefits and
pitfalls:
PROS
Could help find terror suspects more quickly.
-- Vastly increases information at law enforcement's disposal.
-- May help vulnerable companies discover terrorist intruders before
being attacked.
CONS
-- Increases chance of mistreatment or misidentification of innocent
people.
-- List could fall into terrorists' hands, leading them to assume new
identities.
-- Raises fears that government will store corporate data for future,
nonterror uses.
---- INDEX REFERENCES
COMPANY (TICKER):

Mgm Grand Inc.

(MGG)

NEWS SUBJECT:
Executive Government; Law Enforcement; Justice Department;
Treasury Department; September 11 Terrorist Attacks; Acts Of Terror; Newspapers'
Section Fronts; Law Enforcement; Management Issues; Management Issues; Front-Pag(
Stories; Page-One Story; Public Policy & Regulatory Issues; Regulat ion/Governmenl
Policy; Dow Jones Total Market Index; Wall Street Journal; English language
content; Content Types; Corporate/Industrial News; Crime/Courts;' Political/
General News; Crime; Government Bodies; Domestic Politics (GVEXE GHOME GVJUS
GVTRE 911 GTERR FRT LEN MNT C41 PAG NPAG PBP C
MARKET SECTOR:

Consumer Cyclical; Newswire More Code; Newswire End Code

(CY(

MMR NND)

INDUSTRY:

Casinos & Gambling; All Entertainment & Leisure (CNO ENT)

PRODUCT:

Wall Street Journal Graphics (PIC)

GOVERNMENT:
Executive Branch; Federal Bureau of Investigation (FBI);
Justice Department; Treasury Department; U.S. Government Agencies (EXE FBI JUS
TRE USG)
REGION:
North America; Nevada; United States - Nevada; United States;
United States; Western U.S.; North American Countries (NME NV USNV US USA USW
NAMZ)

Page One Umbrella; Right Leader (PGO RGT)

LAYOUT CODES:
Word Count: 2974
11/19/02 WSJ Al

Copr . .© West 2002 No Claim to Orig. U. S. Govt. Works

1

SUSSMAN-299
- - - - - - - -

· rVI:;lel.~. vO~lKlelnsmla
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• 4IU/U,j l'lewsl:.oge Article re Al,;LU seeKs govemment data regarding secret "no-fly" list

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From:

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SUbject:
list

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TMU, TRANSPORT, Watch
Tue, Apr 22, 2003 9:18 PM
4/22/03 NewsEdge Article re ACLU seeks government data regarding secret "no-fly"

ACLU seeks government data regarding secret "no-fly" list
SAN FRANCISCO (AP) The American Civil Uberties Union sued the FBI and other government agencies
Tuesday on behalf of two peace activists detained at an airport because their names popped up on a
secret "no-fly" list.
The women were among 339 travelers briefly detained and questioned at San Francisco International
Airport during the past two years after their names were found in the database, the ACLU said, citing
government documents. Those travelers ultimately were allowed to continue on their journeys.
"Thousands of passengers are likely being subjected to the same sort of treatment at airports across the
country," said Jayashri Srikantiah, an ACLU attorney.
The database was created after the Sept. 11 terrorist attacks as a way to prevent potential terrorists from
boarding planes. The Transporlalion Security Adminislration gets names from law enforcement officials
and gives the lists to airlines to screen passengers.
The ACLU is asking a federal judge to demand that the TSA, FBI or the Justice Department disclose who
is on the list, how they got on it and how they can get off it.
The plaintiffs, Rebecca Gordon and Janet Adams, publish the San Francisco-based War Times. They
were stopped in August while checking in for a flight to Boston .
.. It was very distressing," Gordon said. The two invoked the Freedom of Information Act to demand that
authorities reveal why they were stopped. The TSA did not respond to their request and the FBI said no
files on the two existed, the ACLU said.
An FBI spokesman on Tuesday referred inquiries to the TSA. TSA spokesman Niko Melendez said those
on the no-fly list pose, or are suspected of posing, a threat to civil aviation and national security. He added
that the agency does' 'not confirm the presence of a particular name of an individual on a list."

SUSSMAN-300

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SUSSMAN-301

Larson, David C.
From:

Semo. Alina M.
Friday, April 25, 20036:21 PM
Gulyassy, Anne M.; MCCORMACK, WILLIAM; Larson, David C.; Calogero, Valerie P.;
Bowman, Marion E.; Livingston, John R. Jr.; Steele, Charles M.
Roppel, RlJth; NOLAND, BEATRIZ; Manley, Debora
ACLU, et al. v. FBI, et al (N.D. Cal.)

Sent:

To:

Cc:
SUbject:

I thought I would let everyone know collectively that the ACLU and two individuals (Rebecca Allison Gordon and Janet
Amelia Adams) have sued the FBI, DOJ, TSA pursuant to FOIA and the Privacy Act, seeking access, inter alia, to all
records, including memoranda, policy directives and guidance, regarding "no fly" lists and other watchlists, documents
concerning how individuals are placed on or removed from such lists, what agencies maintain these lists, and more
specific requests with regard to the two named plaintiffs, Gordon and Adams. According to the complaint. the FBI issued a
"no records" response administratively. Plaintiffs are now challenging the "no records" response in the lawsuit they have
filed in the N.D. of Califomia, San Francisco Division. Below is the article that Jim Landon saw r '
.
~ Times bolO dryS ago. Main DOJ will handle the case (Joe LoBue), and theyanticipat
am awaiting receipt of a file-stamped copy of the complaint, alon with e numerous exhibits' ri hi now
ave an internet copy of the complaint if an one would like to see this version

II

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Thanks, Alina.

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The New York Times
By Eric Lichtblau
April 23, 2003

WASH[NGTON, DC - Civil rights advocates demanded today tbat tbe federal government explain bow
hundreds of people - some of them vocal critics of tbe Bush administration - have ended up on a list
used to stop people suspected of having terrorist links from boarding commercial air flights.
In a lawsuit filed in San Francisco, tbe American Civil Liberties Union said government officials had
improperly withheld information about bow people wind up on the "no Oy" list, what steps are taken to
ensure its accuracy and how people who are erroneously detained at airports can get their names off tbe
list. "Without even basic information about the no-Oy list or other watcb lists," the lawsuit sai~ "the
pUblic cannot evaluate the government's deeision to use such lists." Since the attacks on Sept. 11,2001,
the FBI. and federal transportation officials have generated secret lists of people suspected of having
terrorist ties who should be stopped and questioned if they try to board ~n akpkme.
Law enforcement officials say the policy is a necessary safeguard to p!"~'I'cnt tbe i)'pc of security lapses
that allowed two of the Sept. 11 hijackers to board a plane even though intelligence officials had reason to
suspect they were terrorists. But the so-called no-fly lists have generated criticism. Many people have
been mistakenly stopped, while others assert they were on the list in part because of their stroog liberal
politics. In a wel.l-publicized incident last year, some two dozen members of a group called Peace Action
of Wisconsin, inclUding a priest, a nun and high school and college students, were detained in Milwaukee
1

SUSSMAN-302
en route to a "teach-in" and missed their flight.
In San Francisco, meanwhile, Rebecca Gordon and Janet Adams, two self-described peace activists who
help run a publication called War Times that has been critical of the administration's terrorism policies,
were detained on their way to Boston. An American Trans Air employee told them their names appeared
on a no-Oy list, according to the A.C.L.U. lawsuit, which includes both women as plaintiffs. Officials
insisted they were not seeking to single out legitimate political critics. Ms. Adams's name may have been
similar to that of another person on the no-fiy list, they said. Ms. Adams said in an interview that" it
strains my credulity" to think that her longtime role as a politkal advocate did not playa part in the
incident. "It's bad enough that the government is stopping people in these vast quantities," she said.
"But then to learn that you can't even find out why they did it is just an additional injury." In its lawsuit,
the civil liberties union said it had documented 339 cases since the Sept. 11 attacks in which people at San
Francisco International Airport were stopped and questioned because they were thougbt to be on the nony list. While the group's investigation has focused on San Francisco because of complaints there, it said
the situation there offers a window into what is happening at airports around the country, based on
anecdotal evidence the group has collected. "There's every reason to believe this is happening at airports
around the country," said Jayashri Srikantiah, staff lawyer for the A.C.L.U. of Northern California.
The civil liberties union brought the lawsuit under the Privacy Act and the Freedom of Information Act
after federal officials turned down several months of requests for information on the passenger lists. The
FBI. told the group in a letter last December that it found "no records pertinent~' to the no-Oy issue. But
was contacted about
A.C.L.U. officials said records from the San Francisco airport showed that the
many of the airport detentions. Officials at the Transportation Security Administration, named as a
defendant in the suit, did not return calls seeking comment. Officials at the FBI., also named as a
defendant, said they could not comment because the lawsuit was pending.

m.

. But a law enforcement official, who would speak only if not named, acknowledged that there was
confusion in the public about how the no-fly lists were created and executed. The official said the FBI.
provided intelligence on people suspected of links to terrorism, which was relayed. to the transportation
security agency. Transportation officials then provide airlines and airports with lists of people to look for
at airports. The security agency" needs to do a better job of explaining what this list is," the official said.
The offidal insisted that politics had nothing to do with who makes the list, saying that "people that are
expressing their constitutional rights of free expression would not come to the attention of the FBI."

2

SUSSMAN-303
Subject:

4/22/03 NewsEdge Article re ACLU seeks government data
regarding secret -'no-fly' I list

ACLU seeks government data regarding secret "no-fly' I list
SAN F~~CISCO (AP) The American Civil Liberties Union sued the FBI and other government
agencies Tuesday on behalf of two peace activists detained at an airport because their
names popped up on a secret "no-fly" list,
The women were among 339 travelers briefly detained and questioned at San Francisco
International Airport during the past two years after their names were found in the
database, the ACLU said, citing government documents. Those travelers ultimately were
allowed to continue on their journeys.
"Thousands of passengers are likely being subjected to the same sort of treatment at
airports across the country, " said Jayashri srikantiah, an ACLU attorney.
The database was created after the Sept. 11 terrorist attacks as a way to prevent
potential terrorists from boarding planes. The Transportation Security Administration gets
names from law enforcement officials and gives the lists to airlines to screen passengers.
The ACLU is asking a federal judge to demand that the TSA, FBI or the Justice Department
disclose who is on the list, how they got on it and how they can get off it.
The plaintiffs, Rebecca Gordon and Janet Adams, publish the San Francisco-based War Times.
They were stopped in August while checking in for a flight to Boston.
"It was very distressing," Gordon said. The two invoked the Freedom of Information Act
to demand that authorities reveal why they were stopped. The TSA did not respond to their
request and the FBI said no files on the two existed, the ACLU said.
An FBI spokesman on Tuesday referred inquiries to the TSA. TSA spokesman Niko Melendez
said those on the no-fly list pose, or are suspected of posing, a threat to civil aviation
and national security. He added that the agency does "not confirm the presence of a
particular name of an individual on a list. "

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Subject;

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Dallis, Ann

Dear Art,
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As promised, here 15 <) more comprehensive Iisl of :'\ome ot tM activists who claim to ilave been
pl.'lced on the federal No Fly List or its compi::lnion, the Selectee li'St. I h;\ve also noteQ a few others
who claim they havl:! been placed on the VGTOrr list or are munitorad by local police or f?deral
m"estigators. Some of these indivlduab say they've been arr~sted over the years for what they call
non-violent civil disobedience-osuch Ihings as protesting wilhout a permit, refusing to leave
governrnent officesh~ltes when polir.e tried to oreak up u~r\lonstration~.or trespa.c;~ing. Others say
they havp. no cnmlnal record at i!1I I m~y loam of :addilional claims while yuu're traveling, so if you'd
like me to PElS~ tha new ex<'!mples on to anyone ul:!rore your return on 1/17, [)lease Just let me know.
I'll also print thIs out and fax it with any artlcle~ Ihat might help fill out these activists' versions of what
they say hapP~lIed. :;ince thcre are many [.'fJ!'tsible reasont why t1lese peop'e were s~ed, it will be
very helpfullu "e~r from you and Wt)I k with you on this. I've listt!C1 contact informatIon at the bottom
of the em~il; don't heslttlte to get ill tOl)r.n with me if you havl:! ~ question. Also, , jusl need to add my
standard request here; please don't relay my interest In this topic. or the example~ I hav~ compiled,
to other news org~nizatlons. Thank you again for being ~o responsive.
Regard3,

Ann Davis
1) Jan Adams ...nd Rebccca Gordon (<tlrt':ady sent \0 you); in their 50~, stopped at San Frant:-lsco
airport on 8/7/02: pUblIshers of an anti-war pub\lc;Jtion called War Times; claim they wen~ told they
w~,e on the No Fly hst and wen:! questioned. but then wert: a"~wed to fly.
?) Oill Sulz.man (already sent to you): lon~time aetivi~t, affiliated with a group called Citizens for
Peace in Splice; ~rrestl":d at political demonstretl,nn on or around 5/29/02 at thp. U.S. Air Force
Academy; claims h~ overhc;lrd police lIispo!ttcher tell the officQr holdinU him a patrol C3r that
was
listed by lite FAI as belonging to a tt:'l rori~t organizatIon NGTOFF).

n@

.....

3) ···khls i3 the new C3SQ i dE:"scribp.o in our phone converSCtI.inn u • Members of Peace Action in
Milwauk.ee say that 20 ur 37 pp.ople WhO were traveling to()~her on 4rlO/02 on Midwp.sot Express out
of Milwaukee were pulled "",side and questioned. They were kept from boarding a flight to Washington

t',

"

tor 3 political dl:!rnonstration on U.S. aid to CulCll11hii'i after se"eral of them re\.tOrtedly showed up on a
No Fly or similar list. They were allowed lo fly ,... ter. pos:;ibly the nexl day Local 9hcrrtfs say "l1ve or
Six" of th~ Milwaukee 9Ctiv~s' names camp. IIp on the watchlist .. nd the TSA determined that thl:!
whole group 3hould be Questioned :)nme of them S:lY they W~l! told they were "on a /1st" or UI::lt their
n"me had been "flagged" or th;.tl their nar:ne3 rc:::embled a ni:lme tin the ~Na Fly list." Among those
who say they were questioned are: SI3tcr Virglne LawillQer (Catholic nun involved with Peace Action
and \1 member ofth~ ~acine Dominicans). Alia Kedp. (high ~chool student). Dianne Henke (Pcace
action Volunteer). Jacob Laden (colleg~ stUUl'!Ilt). Manuel ~anchaz. Isab~lJa Homing, t-=ather 8111
Brennan (prip-st). Sarah 1:!3CKUS (coon:tiui'1tor for School of tho Am4<!ricas Watch WisconsIn). amJ
Jucllth Williams. (' 'see attat;hed article in 8 locol Wi~consln p;tper. The Progrossive.)
4) Members of the Centp.r for Constitutional Rights. Arlrbara Olshansky, the

el(lfclItiVP.

director of

P.02

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14:47

I,JALL STREET JOUPtlAL

SUSSMAN-306

212 274 79'34

CCR, dairns tn have been p\Jll~d ov~r for scrutiny many tirnF~s and contends that in September lUUl.,
she anJ six membcre of her staff were 3toDped while tr2lvt'!ling together on a fliyht from Newark to
WClshington D.C. Sh~ claims aoents told her "the computer spit you out." Sht! says they were later
<lllowed to boord. r"'sel:! attac:hed article In Salon, ;:In online news magazinf.:)
,': "{

5) Larry Musarra, CI refin~d COEl~t Guard It commander, claims he wa~ told by Alaska Airlines in latp.
June, while trav~ling from Juneau, Alaska. In Portland. Ora" that h~ showeO up on "an F81Iist." He
was questiulI~r1 and then illlowed 10 baorrl. He SElld hi& uncll:' was told the same thing wilen he flew
another tirop., (.... see story by Th':! JunMu Empire. plcketJ up by Associnted Press)
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"

6) Johnnie Thomas, a 10-yeal-nld grandmother. Claillls shp.'s been stopped and qu~stioned several
tin,~~ and kept off of flIghts while being questIoned <lnd told she WJS on the No Fly List. Sne ha6 later
h~en allowed to board Sh~ says she WJ~ told h~r name resembles that Qf <l m;\n in Oregon who
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allegedly murdert::d hill; wire and tt1rae childrf:!f1 who used an alias of Juhn Thomas Christopher.

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7) Doug Stupp-r: an official with the Gr~fll"l Party ot North Carolirla. c1;,ims that he was trCilfeling
through R~leigh on October 2002 ~nd got into a dispute with someone In security after m<lking a
lXImment abour GQorge BU5ih He claim~ th:3t a Secret S~I"Jic.e aQent Who later questionP.d him W39
holrling a binder that listed a number of activist orga'li7iltions, including Amnesty Intemation~l.
GreenpE:<lce and Earthtir:5t, He alleges that he wa~ (Iuestioned abouI Green Party political activltles.
hi3 family and friellds Hp. claims he'6 been Garred from bo.mJing other flighlf-.. If he really i:J on a No
Hy Or Selectel:! list. I wander if he was f1a8ged nnly after this conrrontdtiun with security.
8) Nanc.y Oden. Green Party of Maine, di\ims ahc was tOld sIlt:! was "on a list" whon she flew from
Ballgor to Chicago recently. H(,Iwev~r, airport officials claimed shp. was bElrred from boarding a flight
hecause 3he W(J~ uncooperative with security. Ms, Odl:.'f1 say~ she WElS told by an AmeriCo:ln Airlines
agent th3t eVQn If she "~rln't attracted nttentlon wh~n sei.llrily officiClls looked through her luggage,
"You were goIng to b8 searched no matter ..... hill. Your name was checl<e-d 011 the list.fl Unclc3r If she
W3S later allolNl:.'d 10 fly.

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9) John D~::'lr. a priest :lnd member of (t Catholic peace ~roup called Pax Christi. c/Elims he's been
ldken a5.ide since 9/11 and repeatl:!dly searched at nirports. He says a gilts agent for Southwest
Airlin~s once stOPPQd hIm after looking at his bonrding pass at the Si'ln Jose Airport, as ht! attempted
to board ::I flight to Los AngeJ~s, and told hIm, "You can't !)f: here. You have to be seard,ed," It
apPcOJrs he was ~Ilowed to fly after the search. r~ S~r::: f3ttached story from Intheselimes.com)

to) SUi'll€! of the groups tr3cked by the Denvt'!r Police intelligence unIt, whu say they are concarned
th~y are being trackcd sta1ewid~ !,)r natil)nwide, inclUde the Chlapas Coi=llition. Direct Action Now.
Pike~ Peak Justice & Peace Commi~:c;lon. Citizens for Peace in SparR.. Justice tor Mena, Amnesty
Intemational, i\marlcan Friends Sp.rvice Commrtte9, End PolitiQ; of Cruelty. and the Colorado
Coalition for Preventioll of NlJdear War.

A'III DokVis
TIt'! Wall ~cre~l

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Plcose 1101. we btvt mn'\'e>d to.de 10 ollr or(e,jnlll orne'..,:
200 LIberty Str<:e1, lOrb I".

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Volee: 212.U().JJlI
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Cell: '117.797,5101
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" 't>a~is. Ann
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From:

Sent

Davis:, Ann

Wcdr18Gday, Janl/;fry 08. 2003 2:26 ~M

To:

·;:lr.u"lrning~(li)fbi·90\i·

Cc:

Oavis. Ann

Subje<t.

'Uo Fly'" Cl31mQ

Dear Art,
.. ".....; ...
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As pmmised. here 15 3 m(lre comprehensive li,l of Mme of the activists who claim lO have been
plAced on the federal No Fly list or its oompcmion. the Selectee list. I hi'lV'e also noted a few other3
wno claim they havl:! he:en placed on the VGTOrr list or are monitorp.d by local police or (p.deral
investigators. Somp. of these indivld uah; !>ay they've been arr...sted over the years for what they cell
non-vlolenl civil disobedience-such things as protesting wilhout a permit. refusing to leave
government nffices/~itQ8 when polic--e tried to break up Ul::!monstrations, or trt:!spas~ing. Others say
they ha~('l no criminal record at "II I may learn of additional claims while yuu're traveling, so if you'd

like me to pass the new examples on to anyone b~rore your return on 1/17, please just let me know,
I'll also piint thIs out and fax it with any artlcle~ Ihat might help fill oullhesF! actiVist~' versions of what
they say hapP~lIed. Rince there are many pn!'Sible rea~OM Why tfles8 people were s'tOplJed. \t wit! be
very helpfullo he~r from you and work with you on this. I've list~ oontact informatIon 3t th~ bottom
of the emaa; don't hesitate to get in tOlJr.h with me if you havl:! " question. AlsO. I jU!il need to add my
standard request here: please don't relay my interest In this topic. or the example> I havf! compiled,
to other news org.:mizallons. Thank you again for being so responsiv9.

Regards.
Ann Davis

. , ,

1) Jan Adams -.nd Rebecca Gordon (<tlr8ady sent to you); in their 50:,;, stopped at San Frdndsco
alrporl on 8/7/02: publIshers of an anti-war publlciJtion c~lIed WarTimes: claim ttley were told they
W~le on the No Fly list and wert;! questione<1, but then w~re allOWed to ny.
?} Dill Sulzman (already sent to you): lonQtime activist. affiliated with a group called Citizens for

Peace in Sp~ce; C:t((estP.d at politiC31 demonstr-cdinn on or around 5/29/02 at thp. U.S. Air force
Academy; claims nl'l overhct:1rd police (,.1i'spatchE':rtell the officer holding him a patrol car that hE:! was
li6t9O by the FRI a3 belo~gin9lo a ll:!rrori~t organization (VGTOFF)

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3) ···this is the new case i d~scrihP.d in our phone conversi:l!.ion Ht Members of Peace Actinn in
Milwaukee soy that 20 or 31 pp.ople whO were traveling to!)ether on 4/20/02 on Midwp.st Express out
of Milwaukea were lJulled ~side and questioned. They were kept from boarding a flight to Washington
tor a political dl::!rnon~tration on U.S. aId to CulOlT1hi~ after several of them reportedly showed up on a
No Fly or similar list. They were allowetJ 10 fly '.:Iter; pos:;ibly the nexl day. I.neal shcritfs say ''ftve or
six" ofUll~ Milwaukee activists' (lames camP-lip on the walchlist and the TSA determined that th~
whole group shOUld be quesUoned ~nme of them SilY thay w~re told they were "on a list" or th::it their
n~me had been "flagged" or thaI their names re~emblQd a nCfme nn the "No Fly IIst." An,ong those
who say thav were qUE:!stinned are: Si3ter Virglne Lawillger (Catholic nun involved with Peace Action
and 3 member of tht?! Racine Dominicans), Alia K(ilp. (high ,chool st\Jdent). Dianne Henke (Pc3ce
actIon vo/ulIleer), Jacob LDden (college st ~Ilt}. Manuel oanChez, Isab~la Horning. rather Bill
Brennan (priest). SElmh HaCkus (coordilli1 or for Schoo' oftha Am\!ricas Watch WiGeonsln'" ami
Judith Williams. ("see attal;!led article in IOC:l1 WisconsIn pt4f1er. The Progressive.)

4) Memt>ars of the Centp.r for Constitutio 31 Rights, B;:trbara Olshansky, the eKtlCl.ltivf'! director of

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t)JALL STREET JOURtlAL

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212 274 7994
September lUV"",,,
sha ano six membcre of her staff wp.re 3topped while tr1:1vt'!ling together on a flight from Newark to

P.03

.~:;CR. claims tn have been pullllo over for scrutiny many lirnf'!s and contenc)s th'dt in

Washington D.C. She claims aa~nts told her "the computer spit you out." She says they were latlJr
allowed \0 board. ("..•..sel:! attar.hed Brticle In Salun, an online neW6 magazinE:)
5) larry Musarra. a retirp.d COEl~t Guard It. commander. claims he was told by Alaska Airlines in latp.
June, while trav~'ing from Juneau, Ala:oka. tn Portland. Ora.. that h~ ~hawed up on "an FBI list." He
was questiul1el1 and then allowed lo baorr!. He saId his uncia was told the same thing wl1~n he flew
another Urnf'!. (*'* see story by Tht! JlJn~itu Empire. picked up by Assoc',ated Press)

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6) Johnnie Thomas, a 70-yei.5l-old grandmother. Claims shp.'s been stopped and questioned several
tim€t,<> and kept off offllghls while being queStioned Clod told she was on the No Fly list. She has later
heen allowed to board. She says she was told hl:( nam~ resembles that of a man in Oregon who
allegedly murderl::d hi~ wife end three childr~rl who used an alias of John Thomas Christopher.

,

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7) Doug Stubp.r, an official with tt1e Gr~n ~arty ot North Carolilta. c1"lims that he was traveling
through R~leigh on October 2002 :;\nd got into 3 dispute wilh ~oineone in security afler m<'lking Ii
oomment aboul George Bush He c1aim~ th3t ~ Secret S~rvice agent who later quEts1ionp.d him was
holrfing e binder that listed '~ number of activist orge:mi7i!tions. including AmnE!sty Intemationol.
Greenpcoce and Ea.lhfir.r:.t. He alleges that he Wt:lS questioned about Green Party political ~ctiVItI9s,
his family and fritwds; Hp. claims he'G been uarrect from boorCfing other flightS. If he really i~ on 3 No
Hy or SelecteE;;' list. I wonder if he was f1a9ged only after this confrontatiun with secufily.

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8) Nan<.)' Oden. Green Party of M~ine. daims 3hc was told she was lion a list" when she flew rrom
Bangor to Chicago recently. Howe,,~r. airport officials claillloo she waB barred from boarding a flight
hecause she W:JS uncoope,ative with security. Ms, OcJ'!/lsa)l!; she wa~ told by an American Airlines
agent that even If she I l~(jn't attracted Qttentlon Whl::!!l sec.c Irity officiDls looked through her luggage.
"You W9r9 goIng to he searched no maUcn wht4l. Your name W<l~ c/19cked 011 the list ll Unclc:u if shQ
was later allow~r:t to fly.
9) Joh" Ol;'~r. a priest ;;snd member of l.'I Catholic peace ~roup called Pa:< Christi. claims he's bean
taken a!>ide since 9" 1 and repeat~dly searched at airports. H~ says a Q;jte agent for Southwest
Airlines once stopped him after lont..ing at his boarding pass <4l tile Srtn Jose Airport, as htf attemrted
to board :l night to Los Angeles. and told him. "You can't bf: here. You have to be sean;hed." It
appc~rs he was allowed to fly sftsr the search.
S~t:: i'lttached story from Inth~seljmes.com)

.

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10) Sol'O~ of the groupS tracked by the DefllfMr Police intelligence unit, who say they are concerned
ltl~Y are being tracked statewide ur n~til)nwide. inclUde the Chrapas CO;;llition. Direct Action Now,
Pike~ Peak JUGtice & Peace Commi1>!iion. Citizcn~ for Peace in SrJ3rR.. Justice tor Mena, Amne~ly
International, Nner1can Friends ~p.lVice GommlttQ9, End PoliliQ) of Cruelty, and the Colorado
COBlition for PreventiuII of Nudear War.

Davit
"lb. WAil Strl!.d Jvunta'
Pleose note we
mn"..d h.cit [0 ollr orl~nllll)mee«:
20D LIberty Street, IOlh t-I.
New York, NY IO~81
Voice: 212.U6..3118
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For Immediate Release:
December 12, 2002
Press Contact:
Stella Richardson ACLU-NC, 415-621-

2493

ACLU Seeks Government Accountability Regarding
Federal "No Fly" List
AClU Files Request under the freedom of Information Act and
Privacy Act
SAN FRANCISCO - The ACLU of Northern California flied requests
under the Freedom of Information Act (FOIA) and the Privacy Act
seeking information about the government's "no fly list" and otl1er
government watch lists today. The requests were flied on behalf ofl.aoAdams and Rebecca Gordon, who were told by airline agents that their
names appeared on a "no fly" list at San Francisco International Airport
(SFO). The requests wereJiled with the Transportation Security Agency
(TSA), the FBI in Washington D.C., and the FBI in San Francisco.

"We want to find out how a person's name gets on government watch
lists like the "no fly" list, and how a person can get their name off such
lists," said Jayashri Srikantiah, staff attorney with the ACLU of Northern
California. "There should be public accountability as to government
watch lists like the "no fly" list."
The requests also seek information on the number of names on the "no
fly" list or other government watch lists, the number of times that
individuals were incorrectly id~ntified as being on such lists at SFO and
other airports across the country, and whether individuals are targeted
for such lists based on First Amendment activity.
On November 14, 2002, the ACLU-NC sent a request to SFO under the
California Public Records Act asking for documents relating to the SFO
incident involving Jan Adams and Rebecca Gordon. SFO responded by
pr~N;dinq docur'rl('r'ltation confirming the existence of a "no-fly" list, and
a'J.~fJ con;-:·r;,ning thdt Ms. Adams' and MS. Gardons' names were checked
against a master "FBI list:'
Jan Adams and Rebecca Gordon were stopped at SFO on August 7, 2002
when they checked in for an American Trans Air (ATA) flight to Boston
via Chicago. The ATA agents who checked them in told them that their
http://www.aclunc.org/pressrel/021212-nofly.html

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names appeared on a "no fly" list. San Francisco police arrived and
informed Ms. Adams and Ms. Gordon that the police would have to check
whether their names appeared on a "master list." Although they were
eventually allowed to fly, their boarding passes were marked with a red
"5," which subjected them to additional searches at SFO..
Download the following Freedom of Information Act and Privacy Act
request letters by clicking on the links. Jan Adams~ EmJ..S.an Fr.ancsico),
FBI lWashi.r'\gton, D.C.l, Tra.Q..~R9rj:~tion .S~~!J.l:.ity Admini~t(~t.!O.l}. Rebecca
Gordon: Fl?L(Sa n Francsiq»), .FBUWa.$.hjngton,__DC1, Tra.n~.Qort:.Q!Lol1
Security Actl}1inistra~ion. For more information about their story go to
http://www:..f3c\u lJ.C .QrgL911Lbac~I~~.J

###

C: .• '

The American CiVil Liberties Union of Northern California
1663 Mission Street, Suite 460, San Francisco, CA 94103
(415) 621.2493

http://www.aclu n c.org/pressreI/021212-nofly.html
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P.o. !OK e09'
Sari Frol,,~i~,o. C" \l11l8

November 22, 2002

To.:! 6'U,87.1.snOO
(.~lt MO,~"1.S00~

wWIN,tl)'slo,co m

American Ci-,"il Liberties Union
Foundation of Northern California
1663 Mission Street, SuIte 460
San Fnncisco, CA 94103
Attn: Iayaslui Srikanriah

Public Records Act Requesl Dated November 14. 2002
YOLlr Clients: Rebecca A. Gordon; Janet A. Adams

Date of Incident: August 7, 2002

COIIIIIIIUIOOI

CITY

'''1;) (ClVt4TT

Of. SA" "'A"CI~lO
,.,II.LIE l, DROWN, JA,

Dear Ms. Srikaluiah:
This is in response (0 your Public Record.'i Act Request dated November 14,
2002. received 1n my office on November 15, 2002.
1 enclose copies of aU responsive documents you requested which are 'WIder
the custody of the San Fr<lncisco International Airport and which are a matter of
public record:
1. Calls for Service Report: Call ill: 02000050761 for 817102 event;
2. Event Chronology for Event Number: P02000060761 for 8/7/02 event;
3. Unit Information for 8/7/02 event.

Your request for "protocol s that were followed or consulted ill relation to the
JOll~ll.

'"Pf'''''

August 7 incIdent" contains sensitive securiry information that is controlled under the
provisions of 49 CFR Part 1520 and request for such protocols muS1 be directed to the
Under Secretary of Transponation for Security, Washington, DC 20590.

~1~"Oilr P'~E(T"nt'

Y~l\r

As you requested in your letter, I am providing copies of these documents to
office at no duplica~ing cost.

ve~urs,

10~

Airpon Director
Enclosures

J At Hl6-2003
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Calls For Service Report

Call 10: 02000060761

1. Agency

2. Per$on Received

Complaint

SFPD

Printed: November 18, 2002
J. Datc/Time Received

5. Time Artilled

OSlO 712002

22:28
6. Time Complete

4. Time Dispatched

21:18
8. Nature Of Incident

SUSP PERSON

9. Location Of
Incident

200.U

10. Victim or Caller

I

11. Classification

12. How Recei"ed

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June 6 -12, 2002

News

Views
A&E

-PRINT
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...........
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Terrorism Is as
Terrorism Does

,

C

Calendar Local peace activist may be on FBI list
~Iusic

by Terje Langelal1d
Bill Sulzman has protested nonviolently against U.S. military policy for
more than 30 years. That, he discovered last wee\<. apparently makes
him a "terrorist" in the eyes of the government.

Film
Food

Now, SUIz:man. a veteran Colorado Springs peace activist, is concerned
that he and others will be subjected to FBI surveillance under new rules
that allow the agency to spy on domestic groups and Individuals
suspected of terrorism.

Web Extras
Classifieds
Personals

Last Thursday, May 29, Sulzman was arrested while participating In a
political protest althe U.S. All' Force Academy. Between 15 arid 20
activists demonstrated against the policies of U.S. Secretary ~efense
Donald Rumsfeld. who was speaking at the Academy's grad"ua on·
ceremony.

Contact us
N~.w~tand
Ff'('~ '\'11I Astrology

EI Paso County sheriff's deputies broke up the demonstration at the
request of Academy officials, who maintain the protesters were on
Academy property without permission. Four protesters refused to leave,
arguing that they were standing in the public right-of-way. The four. who
inclUded Sulzman. Peter Sprunger·Froese. Mary Sprunger.Froese and
Mary Sheetz, were arrested for trespassing.

'\leather
Home

'Former priest and soldier
While the four were being held. deputies ran a routine criminal
background check on each of them. That's when both Sulzman and
Mary Sprunger-Froese who were in separate squad cars say they heard
something over the police radio: Sulzman. a voice said, was listed by the
FBI as be\on~ling to a "t~rrori5t organization."
Ti'OL-gJ1 Su!zrnal1 was held for about 30 minutes longer than the rest. all

tal\c

note

We Want Luke'~
Life to Count
She Said. He Sc

four activists eventually received court Summonses and were released.

All fNFORMAf,ON COrlTAlNI:."D
l-lERtl
DATE

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~ ~
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S\f1jO.... /'),j
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IJtJ-/ 1

7?

http://www.csindy.com/csindy/2002-06-06/news.html
I

1/6/03

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Still. Sulzman says he wanls to know why l1e's listed as a terrorist. A
former soldier and Catholic priest, Sulzman estimates he's been
arrested more than 20 times in the last 30 years. but always for nonviolent protests. including various acts of civil disobedience.
So far. he's been unable to get answers from the sl1erllfs office or the
FBI. The agencies also didn't offer the Independent much information.

A spokeswoman for the sheriffs office, U. Melissa Hartman, said she

~

P.O'3
-;:3-

-

-"

-

(lid
ne\vs
101
Gay Discharges
the Rise

couldn't divulge what information the FBI provided on Sulzman. saying it
.would be "priVileged criminal-justice information."

Ann Atanacio, a spokeswoman for the FBI's Denver office, refused to
comment specifically on Sulzman's case, ciling privacy concerns.

cont:1C
u';

Propensity to violate laws
However, Atanacio hypothesized that someone might be included on an
FBI list of potential terrorists for "any number or things," and that such
lists could include "persons who have propensity to violate laws at
sensitive national security installations."

staff
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That WoUld fit Sulzman, who has often been arrested for nonviol~nt
actions at military bases.

A spokesman at FBI's national headquarters. meanwhile, said the
agency "absolutely" does not maintain lists on peaceful protesters.
"The dalabases we have are on known violent [peopleJ, or lhose who
have 3 propensity for violence, or who have threatened with violence in
some way in the past," said the spokesman. Paul Bresson. "There's no
'peaceful demonstration list' anywhere within any FBI files."

International
Sports. Colle{
flags and mor

Flagli"e.co
Everything ir
Flags

Bresson also said he couldn't discuss SUlzman's case in specific.
Sulzman says he's determined to get to the bottom of the matter. Like
many other political activists. he was concemed to learn last week that
the FBI, in the wake of intelligence failures prior to Sept. 11, has
received broad new powers to spy on domestic groups and individuals.

c< Bl'Ick 10 Tile Toj:'

The FBI has said the ne~ powers will only be used against suspected
terrorists. But that no longer reassures Sulzman.

'That I'm labeled a ·terrorist' means a lot of people are labeled
'terrorists.''' Sulzman said.

Terje Langeland

----.----._--_.._----

---_.._--

..

RECENTLV:

• Gay Discharges on the Rise More ga)'s booted from Fort
Carson by Terje Lange/and (05-30-02)
• Ticket to Ride Small transit businesses squeezed by rising
insurance rates by Terje Langeland (OS-30-0?')

http://www.csindy.com/csindy/2002-06-06{neW5.htm\

1/6/03

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May when an airline agent ;1t the counter checldnB her hoarding pass called airport security.

Pf:,-haps one such incident miWtt'"E.' been torgotll::n. 1lilt Olshansky. the USist:lnllegal dir~c.ll.'J [C:\1
the left-leaning Center tor Constitutional RighI". WiIS pulled out ot'line for epecbl attentioI1lb~

.

Newark to W83hington, six membeTi of Iht: C;c':l\tl:;IO'S staff. includin~ 0Ieh:m.sky. were sl0rTt:d and
subjected to intence scrutiny, even thOUgll they had purchased theIr tickets independently dud had
not checked in as a group. On that Ul;l;d!oi"'''l. Olshansky got ongrv and demanded to tnnw wby
she bnd been tingled 011t.

"The computer Spil you out,"
tIme to t31k. to you about it."

sh~

rcl:ifll .. the agent SB);ng. "I don't Y.now why, and I rlnn'lllave

01shlln:;ky and her coILeagues <crt:, ifPI1Mcnt1y, not alone. For months, rumOts and aDP.r.ltlllt:ll hilV<::

. '~'" .

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nn.-t time she flew. And the neXt time. Am.! 11,.. nat time. On one tli¢lt this past Septernhcr [tom

,.. :

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OI$hallsky wu 3ubjected to So cl06~ search and thlm, lhough ~ht. was in view of Qthar trav~h::rs,
W3." ordered to pull her p:mt& down. The Sept 11 Lt:ll'oList attacks mo.y ha.ve created a new C':l i.,
"irport scxurity, but even 50, she was t~JJlb<lIra."liodand annl>yed.

':;",
.1--:

'.

BV Dave lindorff
Nov. 15, '002 I Barbua Olsblm:lky was a.t a New:ak. I/lI~rnationaI Airport dap3rtUre gate lClSl

.

", .~~:

¢.Hb~

A federal agency ;;onfimlS !:hat It ma.intains an air-tr:s"c}
blacklisl u[ t,OOO people. PeilCe activists lind civillihcltarians
fear lheY'/11 on it.

"

-

,,' .'-

circulated among lett-wing lUl,J l'IJ,~r activist grOUps about people who /ul.ve been bllm:t.l fiom
fly;ng or delayed at security gi"~" hecause they are "on Q list."
Hut now, a spokesman for Ih~ ur:w Tl ;l,lllillomtion Security Admml&tr:llion has acl:nowlellgol rOl
the firet time that the gov~rnrllC'/lt hll~ a list of about I.UUO peo?le who are deemed "!IU~..1 t.. to
aviation" and not aUowcl.l..,Jl ... i.planc:.o; under any eircumGt:lIlccs, And in 311 jnl~il:w with ~alon,

the official sugge'led lhdl OJ;..hiln~k)' and other polilicn!:s.ctivlsts ma.y be on a sC(ll'1'llte list that
,ubjeCTs tbp.m In l<Lrid :)cllltiny but allows them to fly.
.

"We have "Iisl ~,ri11"~llt 1,000 people." said l)Q.v\d Stei~man, rhe TSA spok.esflJ~n The agency
""~!l: r.r~a1.cI14 year ago by Congress to handlo traJ1spoTt:llion safety durint, 1he war on terror.
~This IbL is composed ofnames that ore provided to Ug by various ~1)"l':ll1mC1lt organizatIons like
the FBI. CL"\ and INS ... We don't os(. how they dacide who III Ji~1 F~ch agency dOCldCS' on its
UW'I1 who is a 'thrt:a.t to aVUl.tion.'"

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212 274 7994

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The agency hat no gu\delin~ (u uet(;l1\llnC who ~et,!; on the list, SIt:ie,l\lan say,. and no
procedures for getting orrlhe list if30meone le wrongfully on it.

,

MCI1Jlwblle. 3.1tll0n securiry pl:l ~(Ulel. citing list:; that al'"e proyitlr;;~l hy the agoncy, nnd that
appelU'to be on air\i.nc tir.:l<t:li Ilg a.nd <;hc:ck·in computers, seem III \It~ nc:tting nlostly priest....
elderly nuns, Green P14! IYc..a.ll1paign operatives, left-wing jnllmalists. right·win~ tlctivists and
pe<lple affiliated willl AI~h or Arab-Amenc3n group~ .

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• ~ml~1~~g.r, 3. n.un in MilwlIlIlu:c and an acbvist with Peace Action, 1\, well-known
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,,-

grassroots lldvocscy group, W~5 slnrped from boardln~ :l flight wt spring t() Wa&hl~n. where
she and 2U YOMI; students: wel~ planning to lobby the Wi~oD~in congressional delegation
a,Binst U.S. mUirat}' aid 10 1111': lolombian government. "We were:tll pll~\,r;nlcd from bOllTding,
and soma of u.s were takcu I" ill10ther room lUld qUeGlioned by airport securitY personnel ond
!ooo.l ~herift's deputi"'!>i," s:tys Lawinecr.
in that incident, an airli!l~ employee with Midwest .6Jr and alt:1C'Of.l sheriff's deputy who bad been
called in during the iuc,;il1enllo help nirport eecuriry personn~ll'claill and question the group. told
eome of them m;,1l th"i r names were "on a list." and that they WeT!:; being kept aD:' their plane on
instrUctiom from tIll': Transportation Security Administration in Washinpn'" ,r¥:~~1Jied

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le~ji~~.i:~~~":"thrcat to avultion" l~ .

• Last month, Rebecc:l (lurUull and Jan Adams, two joum..'\litts ",ilh il San Francisco-bose«!
3IlUwar. ~~~a~i~~ ~:An~d War Ijrnc:a wer~ cto~~. a~ the check-in ~l~t;~ o(A~,~ ,~i!l~!:'1 "
where W~~~it;Ji;~)l!r1c told them th4t her,"coQlptlte7; '.howedthey" w~~~~~}F.)Y·lk~<'

The aiJ'line ,:;111e(\ the rot llnd 10c3.1 police h~ld them for Of. whil~ before telling thC'm there had
been a lnistllke and that they were tree to go. The two millie their plane, but not oofore th~
counl/;"r i1l1t':ndant placed a lorge- S tor "search" on their hllgga8e, as&uring tbat thoy got more
close: s(;mliny It the bOllrd.mg ~te.
• .A.n dealt:r ])~I"e ~tuber, who ran Ralph Nider's GreenP<lLly prc:o;;d~tial co.mpmgn in Nonh
Caroli1lll. ill 7000. was barred l&:lt month Crom getting un t< Oieht to Hamburg,. Gennany, where
hE' \lI:.t,O; ~uillg on business. after he got engaged. ill a lourJ. though friendly. discussion willi two
nlher I.lassengcn in a sccunty line. During the coursc '.l( the c1ebate, he ahoutoo that "George
'Bu.sh is as dumb a3 II rocl~," an unfortunate COltUDcUl, Ihilt provoked the Ro..lei~-Durham Airpurt
security 5taffto call the loc31 Secret Service b~In:""J which sent Qut lwO ~ent& to interrog.tle
Stuber.

"They took me into :a room and qU5liulICd 1,IIe all about my politic!>." Stuber recalllI. "They were
very up on Green P:uty poHtic~. IOU,' n.ey fingerprinted him and took ~ digital eye £can.
P~~ul~~X o~inoul, he says, w,a:> ~ ll~~!~.J~~b,indcr held by ~e~~:~:;:;:~" - . ::~~~~~,:~it~~iJ.,~
()p~,an<l~~le,they were qUt:Shllllllle mc, Tdi.s~rcetl:y looked at It;!~iti:tIfud8;la'/)g'111l[.of
org~~oi16i'~ I was abll: I~, l~~~ent7e the Green .l:'crty. Gr~¢et.,., _ .~,..:il~. Arnl1~Y
b\~:Ui~a1." Stuber W"dS lNr:111llally l"elcllScd. but bccllu:;e he missed his flight, he h\ld to pay
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almost $1,000 more ror H Ii.ll-fare ticket to Hambure:;o rh3t he would not mi~s Ili~ hlL'iincss
engagement. In lllc r.,,,'I. '~nw;ll'c:I'. after trYing s8vor~ 3irportS in lhe Nl>rlh Cam'ina area. he
fOl.lnri h~ was baned from boardin~ o.ny Cligtuc, and hld to tum ill his rid:et and cancel his
hu.,i"Qis trip.

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212 274 79'34

A Secret 31:;I'vicc agent at the :J.gcnc)ts. WMhingtnH heddquartcrs eonfinned that his ~genr.y had
been caIlo..lin to question Stuber. "W;:'re no~~I\~~' ~p~ oflbe o.irport security C"lv~.-ation:·
Agent MAl Ie' C.onnelly to La S:.\lon, "That'~ Ih?f:m9rd~IIl!f~'en one ofour PI(Ilcl.:lioll subjects
&ro~ llll~atc;l1ed, we check ir OUt." Asked ,,1.tl,lIlt the list of org:mizations ob~rvell hy Stuber. the
Sf'~rd Sen'ice source speculltM thai ltws~ organizabons might be on a lisl of organizalioM that
the selvice. which LS Q.l;:;isned the u~ IJr l,,'ntcGling the pre~ident, mighl uc::r:.fl to monitor :is p~
of its security req>onsibility.
Additional c\'idence eUMesls that O\;hitTlsky, Stuber and other lef\-leaning <lcfivlsts arc also seen
it,:; a threat to Qvi~tion. though perh"p~ ur a different grade. A top official rUE the "I!aglc Forum. m
old-line con:;ervative ~up led by lInli-r~lllinistiC<ln Phyllis Schlafly, slIicJ ~vC:Tal ofthe group's
membCB have been delayed ell :I<':'-lllity chcckpoint!l tor so Long that tht'.)' missed their 11IAAt::.
According to Pl\)l. Christi, "C.llh'"l'iG peace organtzation, an Amf".rir.an member of the F£L1un
Uong Chinese reli8icILS g1' '111'1 \Vas batred from ~etting back 011 :\ pilUle that had stopped in
lcel:md, reportedly bll:;..~1 fll\ infonnahon supplied to lcelalllli..', cllsloms by U.S. :l.uthorities. The
person was repnrlt:tlly f/Cl.nlittcd to try ooward on a IJlter ilie.ln.

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Hussein Ibish, cOJTlJIiUAtiC'Ati(lnJ director of the American AI"l1!.' .,,,ti-Discrimination Committee,
says his group ha.o,; tlucumcnted over IW c:l~es -- involving 200 I,cople -- iD which fhen; Wilh
Arabic name!; have been delaycd Qt the :lirport. or barrt:d altoec:thcr from flying. Some, he say¥,
appear lo iuvolve people who n:lve DO political invl)lv~"t;lLt at all, and he speculated that they
~urfl!l'cJ the misfortune ofhtlYln.E: the same n:une R!> !;UfllcUIU: "on the list'· for legitimate seC\uily
rt:llSUI~"'.
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Until Steigman's confirm4tion 01 the Do-fly li.!. thl" eOVclluncnt had never admitted it,; existence
Whi Ie fBI spokC3man Paul Hres60n continned p~ islc:m;e of tllG list. otfioilll6 3t the CIA :mtI U S
ulJllligralion and Naturaliz3.lion S~ice lkcliuM to comment nnd referred inquiries bade In ltll~
TSA. Details ofhov.' it was assembled ;and ht.w it i~ hcin~ u9cd by the ~ovemment. airpOrlli a/ld
airlines arc largely kept ..ecret.

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A security officer at United Airlines, spe3king C"IJI ,~tldition of anonymity, conrumed that th~
airlines receive no-fly listg ITom the Trmspmt:ltion ~ecurilY Administration but declined further
comment, Q3}'ing-it wa~ a security m~Uer, A USAir spokCSWOmlln, however, declined 1(1
comment, saying that the airline'~ seculity relationship with the federal transit llgtllfJ Wa... a
s&Curjty matter and thllt rli'(:lI~~illl:: it I:ould '~copardlze J)QGsenser safety."
Stei~ declined to S<lY whn w~ ull the no-fIy list, but he conceded that people like I.a.wingcf.
~tubet', Gordan, A<bm.. :mll Ohh&llsky were not "tbreot!i to aviation," because (Iley were b~lOg
3lJowed to fly ..I1cr lJr: ilie illtcrroga.tcd and searched. Hut then. in :l BYZl'nt;m: lwi~t, he raised the
possibility thal 'he ~rcllTity agency might non l1'lOre than one list. "I checlct:ll with our security
people," he li~ilt) "lImi they said there IS no [S8Condl Lis[," he said. "OC\:A)ursc, that could mean
one o~two (hltlej;: Either there: IS 1)0 second li!:t, or th~e i~ a list ;tllll !beyrc not goin: to tell<.

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security reasons."

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In fact. most of those who have been ~topped from boardjn~ Oieht.<; (like Lawingcr. Stuber,
Gordon and Adams) were nble to fly lat~. Obviolls!)., ir,ht': TSA thou:ht someone w:tS a
genuine "threat to a\'illtion" like th<l$.e on the l,OQl)-nanlc no-fl)·list. they would 6imply be
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JOURt'lA!£USSMAN-322

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b:nn:ll fr"''' flying. So does tile agency havp. mUIs:. than one list perhap' - one for p~rle who are
tOlally harred from flymg and another for pt'ullle who Me simply harassed ant! Lld:\ycd'l

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Ask-eel why the TSA would be barring jl 74-yP;if.\Ild nun from flying, SteiQrnllIl. saiu: "I non't
know. Yt:11I could get on the list if you were :lrrt:sLl:d for a tcdcral felony."

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Sister Ll\wille~r says she Wll3 arretted only once, hilt;k in the 19803. for bitting down and refusing
to l~lI.ve the district office of :Lloe;!1 congressm~n, ,.\lId c;vcn then, sho say., she was ut:,/"er
officiClIl y charged or fined. But another pr:rlil.lll who was in lhe }le:lCe Action deleeltliull that day.
Judil}) Williams. SIlY3 she WI1S arrested anJ ~1~l1t three day.. in ,jail for a protest ill lile: Wllite I
ffuusc back in 1!J~1. In that protest, willi:tnl~ and other Catholic peace activist... haW. scaled Ihe
White House perimeter lenee and scallerf'd l1abydo1l9 around the lawn 10 pLOtesl the bombing ot
lnq. She aa.ys thD.t the clurge ffOtlllliClt incident was 0. miedemeanor, an illfrltCtion that would not
seem enouAA to e~tablish her ~ ... it Ilueat to ,\\'iahon,

Inevitably, auch qUef:tions about how (lne gets on a tcder;J.1 rransit list crCcdC::!i .question:! about
bow to g&t offit. It is a clas~i('. -- itllJ llLulCIVing·~ Catch 21: Because the 'I'lanJ;llortation Seeunly
Admimstration S:ilYi it comrilcs \111:: list from names provided by other agl,"Jlcic!I, il has no
procedure {Clr cotTecdn~ " pmhbn, Aggncvtd plU1iel; would have lu go to the: agency that firs,
reponed their Darneli, til" mr security reason!:, the TSA won't disdn!it: which agtncy put someone!
on the list,

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Bres6on. the FBI sPUk.~I'et"5on. would not explain the criteria for C'.llt."liiryillg someone as a threat
to aviation. btlt sll~r:.<fll that fliers who beheve they're on the 1i';:1 irnillopcrly $hould "repon to
airport security ;11'(\ they should be Able to eontacllhe 1SA or Ill' 41lll get it cleared up." Ha
concedes IballUie,ht mean mi53ccl flights or other incon\J~.lJ({"'ll('e.~. IIis cxpbnQtion: "Airline
security has

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very compheo.te<1."

Many critics uf Il,~ ~curity agcncy'3 methods accept the nC~\\fi'H' heightened air ~ecurity but

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remain troublr-.rl hy the more Kaiko.-esquc traits of the Sysl.t:.II. Waters. at the Eagle .Forom,
worries lhCll the govemmcnt has offered no explaml.tion flll l,my oil. \lthrc~t to D.vro.hon" is
"el~nllilled. "Maybe the people being 3topped are i1.1n:ct~'y hcing profiled," aha says. "If Ibey're
prufijing people, what kmd ofthinS6 are they lookill~ rnr? Whether you:lit in in your

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"I agJ.'ee that the government shoUld be keeping krtUW1,1 'rlweats 10 II.vlation' offofplanes," rOiilh
uys. "I certainly don't want [hose people on my pl4l.ud But there has to be It 'Procedure Cor
appealing this. and there isn't. There-are I)n .<.:arc:guilJds and there 13 no recourlle."

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Meanwhile,. nobody in the federal govetnrllenr h;tS cAplained why 10 mlUlY low abiding but
mostly left-IellllmA' political activist~ ~nd :mtiwar 4t:ti "jilts are being harassed at check-in lime at
airports, or-fhig all raicea serious concerns ~hcltll whether tho govemment hns m.ade a decision to
target I\.meric:ms based on their pulilil"..1Iw.lief$," says' Katie Coni~:m, an ACLU otllcial. Tbp

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ACLU has ~et up :1 No Fly U"'I r.nmlllail~t

Form on itS Web Silo. •

One p~icular eonem! ;tJJ(II.' the gnven'\D'lCnl's threat to .1vi.1tion list and:my omerrnsl\itJle lists
ofpeopJe to be slIbjt:'I:IM1 tCl otril3Ccurity inyc5tig:ltton at :lirportll is that nam,t"J\ arc Lc::itlg made
available lu p[i".. I~ (".O\'n~l;lni:s·· the ll\rlines ;md ai(1)on authorities -- chilrgcd with alerting
securily 1-'~"~l1nel. Unlike mOst ollier l:J.wcnforcement watch lhl", these lists arc not bcin~

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14:513

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STREET JOURNAL

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c:losely held wilhill the \,ation&11ecunty or law-enforc~mc:t1l Illes and compUle(6) but are
3pparently beil!~ widely dispcr8¢d.

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"It's bad anough Wht':ll the federal gov6rnment has IiS[S Ijlrr Ilti~ with no guidelines on how
they're eompiJeu o11lllW to usc them:' says Olshansky <lll',e Center for Conlltitution:u Rights.
"But when tllo::sc: lists are (hen glven to the private S,~·tl.lI, thCTC arc Q'fIcn lose conlrols over how
they are uI'el1 Ul misused." Nolin.1t that airlines have "" fl·cc hand" to decide whether s:omc\,ne can
blJ&ll ~ 1,1anc: or not, ahe :i3.ve the result is a "m~"\I=lIdous ehilling ofthe Fint AmendI1lcut light to
Intvd and speak freely."

.'.}&ann.cd ~y ~~i.o~~,~p~~ce

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llnc1lllc numb,~#":""'''\'''· .~Fnt; 13 figbtingback...~..saY" TllIW that theg~~.
.... ~~la¢klist, ber Center iiOiplllIUuue a First Amendmo .
~~:f{;;C;;CRhllS already', slgriedup '1.<4 winger, Stuber, ~~::~
~"~"",,,~J'.i'QD.~1,lP,
About the "'riter
Pb.iladclptuD.-b~edjoumalist D,IVI: Li,.•fl... rff writes

regularly for Salon

Editor's Note: rhi~ gtory has been cllrr",-.tr.d.
ltLL.j): I

i .....ror. oa.lon. eom,'now:;/fe~tll"''''/:lrll)~/l.1/15/Iloflylir.cJcx

IIp, htm.L

R.euruLJuctlQn (If mllrcri~' fro", any Salon paIJef '"ltM"r "'''tten Dernd~i(m Is strictly prohjbi~d

CoPVrigl't JUU.! ';;~II1" mm

!:olDn, :l:! 1th Stroot, Ibtn H;:IIIr. Si'ln ~r;:r".h~\l. CA '''103
Telllfl"c~'" 4b "4~·"f'OO I

fa:r. 415 &4:;'920"

f'''' III , Sol"" -nm I'fIljACV e,OIICV , To:u"" al S"cyjg:

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JAN-88-2803

14: 50

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274 7994

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Correctlon~

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. Htirounded", a story publislll:tl (Ill t'o.... 15. Incorrectly r~Or1ed that allumt:y Rarbara. Olsh1ln3ky
of the Center for Constiluljl,l".. l Rights wa..~ atlemptjn~ to b01l'd a Jl!lBlue flight when she: was
stopped and strip-sf';lT'cllt:d earlier this year. in (act, when she flew oul ~lfNcwark. she was not
taking JetBlue. Tht: SLllIy also reported incorrectly thl.l Green Parly i:I\":tivillt Doug Stuber. ClftGr
being stopped U'1\11\ l~lil).g his planned lliAAt from Raleigh-Dllrham. N.C.., to Hamburg lolSt
month by U S ~c:ct"ct Service agents. W9S able to fly to his llt'.li.lillatioll on a later tligllt. In !:let,
&fter lry11lt fm two days at vnriou~ auports, Stuber founel ht' was bam:d from boardin~ 3.ny flight
:and uus.s~d hili hU4incss trip. Th,EI etory also descnbed (>e.;I~t: Al:liolt as a Roman t:atholic
\.'rtUui7,atiml. 1n fact. It is not 3ffiiated with ;any rcli~il'"s group. The story h:l& been corrected.
S;\1,1n regrets the morl).
[Correction made 11/15{02]

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om the mines in South Am"" That's how we
lis at our low importer prices. Count O!' ,next
a fuU refund if she'l not cornpJetelythnlled.

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