“I’ve talked about the collection of this data and the analysis of this
data incessantly,” Chertoff said in an interview this week at his
office. By “this data,” Chertoff means the international passenger name
records (PNRs) that airlines give to Homeland Security screeners. Each
PNR contains basics such as a passenger’s name, address, and seat
assignment, but also details how the ticket was paid, whom the person
is traveling with, and what telephone number the passenger used to book
the reservation.
The screeners analyze PNRs, including those of American
citizens traveling abroad, as well as passport information, to see if
anyone can be connected to a terrorist. But in the past two months,
nearly 50 organizations and individuals have contacted the department
to express varying degrees of concern and outrage over the computer
program that actually performs this analysis: the Automated Targeting
System. That’s because, in addition to crunching data, ATS tags every
international traveler with a “risk assessment,” which security
officers use when deciding whether to interrogate passengers or to keep
them from flying. Once generated, those assessments may stay locked in
ATS for as long as 40 years, and it is unlikely that passengers could
ever know precisely what their risk rating is and how it was
calculated.
This is news to just about every major privacy and
civil-liberties watchdog in the country; they thought that Homeland
Security officials only wanted to use passenger data to target
terrorists and assign risk ratings but had refrained from actually
doing so. They believed that ATS was being used only to identify risky
cargo aboard ships. So, did the watchdogs miss something?