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US 'licence to snoop' on British air travellers
By David Millward, Transport Correspondent - Telegraph UK - 01/01/2007
http://www.telegraph.co.uk/news/main.jhtml...1/nusnoop01.xml


Air passengers face having credit card transactions and email messages inspected by the American authorities
QUOTE
Britons flying to America could have their credit card and email accounts inspected by the United States authorities following a deal struck by Brussels and Washington.

By using a credit card to book a flight, passengers face having other transactions on the card inspected by the American authorities. Providing an email address to an airline could also lead to scrutiny of other messages sent or received on that account.

The extent of the demands were disclosed in "undertakings" given by the US Department of Homeland Security to the European Union and published by the Department for Transport after a Freedom of Information request.

About four million Britons travel to America each year and the released document shows that the US has demanded access to far more data than previously realised.
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Not only will such material be available when combating terrorism but the Americans have asserted the right to the same information when dealing with other serious crimes.

Shami Chakrabarti, the director of the human rights group Liberty, expressed horror at the extent of the information made available. "It is a complete handover of the rights of people travelling to the United States," she said.

As the Americans tightened security after the September 11 attacks, they demanded that airlines provide comprehensive information about passengers before allowing them to land.

But this triggered a dispute that came to a head last year in a Catch 22 situation. On one hand they were told they must provide the information, on the other they were threatened with heavy fines by EU governments for breaching European data protection legislation.

In October, Brussels agreed to sweep away the "bureaucratic hurdles" preventing airlines handing over this material after European carriers were threatened with exclusion from the US. The newly-released document sets out the rules underpinning that deal.

As a result the Americans are entitled to 34 separate pieces of Passenger Name Record (PNR) data — all of which must be provided by airlines from their computers.

Much of it is routine but some elements will prove more contentious, such as a passenger's email address, whether they have a previous history of not turning up for flights and any religious dietary requirements.

While insisting that "additional information" would only be sought from lawful channels, the US made clear that it would use PNR data as a trigger for further inquiries.

Anyone seeking such material would normally have to apply for a court order or subpoena, although this would depend on what information was wanted. Doubts were raised last night about the effectiveness of the safeguards.

"There is no guarantee that a bank or internet provider would tell an individual that material about them was being subpoenaed," an American lawyer said.

"Then there are problems, such as where the case would take place and whether an individual has time to hire a lawyer, even if they wanted to challenge it."

Initially, such material could be inspected for seven days but a reduced number of US officials could view it for three and a half years. Should any record be inspected during this period, the file could remain open for eight years.

Material compiled by the border authorities can be shared with domestic agencies. It can also be on a "case by case" basis with foreign governments.

Washington promised to "encourage" US airlines to make similar information available to EU governments — rather than compel them to do so.

"It is pretty horrendous, particularly when you couple it with our one-sided extradition arrangements with the US," said Miss Chakrabarti.

"It is making the act of buying a ticket a gateway to a host of personal email and financial information. While there are safeguards, it appears you would have to go to a US court to assert your rights."

Chris Grayling, the shadow transport secretary, said: "Our government and the EU have handed over very substantial powers to gain access to private information belonging to British citizens."

A Department for Transport spokesman said: "Every airline is obliged to conform with these rules if they wish to continue flying As part of the terms of carriage, it is made clear to passengers what these requirements are.

The US government has given undertakings on how this data will be used and who will see it."
Danis
Britons to be scanned for FBI database
The Observer
Sunday January 7, 2007

QUOTE
Millions of Britons who visit the United States are to have their fingerprints stored on the FBI database alongside those of criminals, in a move that has outraged civil rights groups.

The Observer has established that under new plans to combat terrorism, the US government will demand that visitors have all 10 fingers scanned when they enter the country. The information will be shared with intelligence agencies, including the FBI, with no restrictions on their international use.

US airport scanners now take only two fingerprints from travellers. The move to 10 allows the information to be compatible with the FBI database.
'We are going to start testing at several airports,' a Department of Homeland Security spokeswoman confirmed. 'It will begin some time this summer.'

Sources said 10 airports would initially be involved. The scheme will cover most of the major airports frequently used by British travellers, including New York, Washington and Miami. Countries subject to the new scheme include Britain, other European Union nations, Japan, Australia and New Zealand.

Last night the British civil rights group Liberty expressed astonishment at the plan, which will affect four million British travellers to the US. 'This must be the Keystone Cops school of border control,' said Shami Chakrabarti, director of Liberty. 'Accumulating the fingerprints of millions of innocent passengers will not deter would-be suicide bombers.'

Security experts warned the scale of the scheme might jeopardise its success. 'This maniacal proposal will turn thousands of law-abiding British travellers into terrorist suspects,' said Simon Davies, head of Privacy International, a campaign against intrusive surveillance.

'The technology at US airports will be far less reliable. That means anyone could be the victim of a false match, Davies said. 'Be warned. A San Francisco Bay family holiday may easily become a nightmare.'

He predicted that airport queues would treble as a result of the scheme. 'Taking fingerprints is a delicate and complex undertaking that can't be rushed to keep queues short,' he said.

A recent report by the civil liberties group Statewatch highlighted a Japanese study that tested 15 biometric systems and found 11 of them failed to detect 'false' fingerprints were being used in the form of a latex strip covering a person's fingers.

Britons already have their credit card details and email accounts inspected by the American authorities following a deal between the EU and the Department of Homeland Security. Now passengers face having all their credit card transactions traced when using one to book a flight. And travellers giving an email address to an airline will be open to having all messages they send and receive from that address scrutinised.

The demands were disclosed in 'undertakings' given by the Department of Homeland Security to the EU and published by the Department for Transport after a request under the freedom of information legislation.

In America, the 10-digit fingerprint plan has sparked concern among civil rights groups, which accuse the government of using the excuse of terrorism to expand its ability to monitor individuals. The scheme uses an electronic scanner. Fingerprint information is then fed into a Department of Homeland Security database that stores material from domestic security organisations such as the FBI, as well as international bodies like Interpol. It already holds 71 million fingerprints and is growing.

'This is about stopping crime and about national security after 9/11,' the Homeland Security spokeswoman said. 'The reason for 10-digit fingerprints is that it is more secure than the two-digit system, and the 10-digit system is becoming the international standard.'

The spokeswoman said she was confident the new procedure would not deter people from visiting the US. 'That is what people said when we introduced the two-digit system,' she said. 'But that is not what happened.'

She added the reason the scheme was to run in just 10 airports initially was to ensure its smooth operation before it became standard at all US airports, major ports of entry and consulates abroad. The Department of Homeland Security aims to have the new system in place across the US by the end of 2008.

In a speech at a technology conference Michael Chertoff, the Secretary of Homeland Security, said the main aim was to deter 'the unknown terrorist'.

It could pick up on fingerprints left at terrorist sites around the world. 'A fingerprint that is left... in the training camp or in the safe house is, in fact, a powerful tool.' He added that he hoped the system would deter any terrorists from ever trying to enter the US. 'We will have a world in which any terrorist who has ever been in a safe house or has ever been in a training camp is going to ask himself or herself this question: have I ever left a fingerprint anywhere?' Chertoff said.
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