Privacy: What It's Like To Fly With No ID Under The TSA's New Regulations

David becomes our first reader to fly under the TSA’s new ID policy. Formerly, if you refused or were unable to show ID you could still fly — but were required to undergo secondary screening by the TSA. Now they’ve altered their position slightly– fliers who willingly refuse to show ID are now barred from flying. The new rule went into effect over the weekend, and David says that in order to board the plane after forgetting his driver’s license he had to answer questions about his political party affiliation and previous addresses.

The new regulation doesn’t apply to those passengers who claim to have forgotten their ID– so essentially you are barred from claiming that you have a constitutional right to refuse to show ID to get on a plane. Here’s how the TSA explains it:

Beginning Saturday, June 21, 2008 passengers that willfully refuse to provide identification at security checkpoint will be denied access to the secure area of airports. This change will apply exclusively to individuals that simply refuse to provide any identification or assist transportation security officers in ascertaining their identity.”

This new procedure will not affect passengers that may have misplaced, lost or otherwise do not have ID but are cooperative with officers. Cooperative passengers without ID may be subjected to additional screening protocols, including enhanced physical screening, enhanced carry-on and/or checked baggage screening, interviews with behavior detection or law enforcement officers and other measures.

It turns out that “and other measures” include questions about political party affiliation and other questionable invasions of privacy, according to David:

So you know how the new TSA regulations went into effect yesterday, where you can only fly without ID if you “cooperate” with the TSA? Well, it turns out you also have to take a test about your personal life. They call up a service to administer it, and the last question they asked was which political party am I registered under (I correctly answered “democrat” and they still let me on board).

Anyway the full story is that I had to go Florida for a funeral, and accidentally left my driver’s license in my apartment in Manhattan. I made it through LaGuardia on Thursday the 19th in about 3 minutes, but when I tried to fly back through Fort Lauderdale Airport yesterday, it took about 45.

When I first approached security, I told the initial guard screening all passengers for ID that I had none. Instead of immediately calling the supervisor over like at LaGuardia, he paused and asked if I was sure I didn’t have any ID on me, like a social security card or something. I said I only had a credit card, so he then radioed for the area supervisor. She arrived in just a few seconds. Her name was Brenda, and she very politely and apologetically informed me that things had changed, and that the TSA supervisor for the whole airport needed to handle this situation because of the new regulations.

Luckily I had arrived an hour early so had plenty of time. I chatted with Brenda while we waited for the main supervisor to arrive. I started to get a little nervous that I wouldn’t be allowed on board, and Brenda repeatedly assured me it wouldn’t be a problem — they just had a few additional steps to go through.

After about 15 minutes, the main supervisor, Laurie, arrived. Again, Laurie was exceedingly nice and professional, but seemed a little more concerned than Brenda. She asked if I was sure I didn’t have photo ID, like a credit card with my picture on it, or even a CostCo card. I wound up going through my wallet in front of her to show that I didn’t, and she pointed to various cards and receipts in it to ask if they were IDs. I wound up showing her everything to prove I was telling the truth. She repeatedly said they had no way of “verifying” that I was who I said I was, and that someone could have stolen my credit card and traveled under my name. I didn’t want to mention that they shouldn’t need to verify who I am, because I was afraid they could then say I wasn’t cooperating and deny travel on that ground. In fact, I even mentioned several times that I wanted to fully cooperate with them because I was aware that was a component of the new regulation, and they assured me that I was.

Finally satisfied that I didn’t have ID, Laurie took my boarding pass and went away. She came back a few minutes later having photocopied it, and also had an affidavit that she requested I sign. It asked for my name and address, and stated in small print at the bottom that I did not have to fill it out, but if I didn’t I couldn’t fly. It also said that if I choose to fill it out and then provided false info, I would be in violation of federal law.

After filling out the affidavit, Laurie called a service to verify my address. The service needed me to then correctly answer three questions about myself, which Laurie relayed to me. The first was my date of birth, the second was a previous address (which I only got right on my second try), and the third was “You are registered to vote. Which political party have you registered with?” I got all three right, and only then did Laurie clear me to go through security.

Of course, I still had to submit to secondary screening, including a full-body pat-down and total luggage search. Brenda and Laurie stayed with me to make sure the process went as quickly as possible, and were again incredibly helpful and nice. They kept explaining over and over how necessary it was to “verify” who I was, and how times have changed, and how these new regulations must have been as a result of someone trying to get away with something, because there’s always a reason for these thing but they don’t always know what those reasons are. They were so nice and considerate that I waited until the very end before I finally said that I do not agree with the new regulations, but that I was thankful that the two of them acted so professionally and considerately to me. Laurie actually seemed a little dejected when I said this, because I had been playing along the entire time out of fear that I would not appear cooperative otherwise.

But I made it onboard my flight, and am back in Manhattan. I have flown without ID in the past, a couple years ago, and it was no problem. I almost preferred it because I got to skip the line. This time around though, it was incredibly burdensome, and involved the full attention of two high-level local TSA employees for a considerable period of time. I kept wondering if Laurie and Brenda were so busy with me for so long, what if someone really bad was doing something in another terminal or area? So even though I cannot say enough good things about how these particular TSA employees handled it, I still feel the new regulation is entirely inappropriate and unnecessary. Why do you need to provide a home address to fly? And what if I refused to answer the question about my political party allegiances? Luckily I kept my cool and even befriended the screeners just so they couldn’t resort to the subjective lack-of-cooperation carve-out, but 45 minutes of standing at security not knowing if you’ll make your flight seems specifically designed to test people’s mettle and upset them. The TSA has turned flying without ID into an overly cumbersome and almost unmanageable chore.

We agree with CNet’s Chris Soghoian when he says that this new rule is just more security theater– at the cost of your privacy.

While TSA’s announcement stated that the goal of the change was to “increase safety,” this blogger disagrees. The change of rules seems to be a pretty obvious case of security theater. Real terrorists do not refuse to show ID. They claim to have lost their ID, or they use a fake.

TSA’s new rules only protect us from a non-existent breed of terrorists who are unable to lie.


Your papers please: TSA bans ID-less flight
[CNet]
(Photo: Kevin Dean )

Comments

  1. JustThatGuy3 says:

    @kdoyle55:

    Silly corporate policies? Sure, sometimes you just deal. Invasions of privacy by government agents? Pretty different.

  2. bart430 says:

    @JustThatGuy3: Why would I want to move to North Korea, seems you are acting like a little Kim Jong il when someone has a different opion than you have. You must be a joy to live with.

    I guess since I have an opinion and want to keep my family, self, and fellow Americans safe it is a bad thing.

    Here is some info to ponder:

    That searches made at the border, pursuant to the longstanding right of the sovereign to protect itself by stopping and examining persons and property crossing into this country, are reasonable simply by virtue of the fact that they occur at the border, should, by now, require no extended demonstration.”276 Authorized by the First Congress,277 the customs search in these circumstances requires no warrant, no probable cause, not even the showing of some degree of suspicion that accompanies even investigatory stops.278 Moreover, while prolonged detention of travelers beyond the routine customs search and inspection must be justified by the Terry standard of reasonable suspicion having a particularized and objective basi

  3. thesabre says:

    @JustThatGuy3: Do me a favor, go get a fake ID that any college kid can get and try to board a plane with it.

    Most fake IDs can fool a minimum wage store clerk who steals cigarettes after closing. What would happen if that same ID was swiped in a magnetic reader? What if that DL number was entered into a system for verification?

    The IDs that were given to them before measures were put into place were completely legit. What does that have to do with my question as to whether or not they would be able to obtain the SAME identification cards today?

  4. xnihilx says:

    We’ve all been in the “I have a funeral, I’m upset, I forgot” frame of mind (Espeically if it’s someone you were close to) I am sorry for his loss. Forgetting to get your ID is (while somewhat of a big oversight when flying nowadays) understandable.It happens. I don’t see what the big issue is with the run around. That’s the whole point. Frankly, it scares me that he got “through LaGuardia on Thursday the 19th in about 3 minutes.” After all the things that have happened and 9/11 it SHOULD take 45 minutes to verify your identity, they SHOULD go through all your luggage, pat you down etc etc. If they aren’t satisfied then you shouldn’t go on the plane, end of story. If I forgot my ID I would let them do pretty much anything they wanted to verify who I am. I would not want to be “that person who got on the plane after that big fiasco in the terminal” and make the other passengers uncomfortable. As far as political affiliation they are probably using public records databases and that would be one of the things that he would know.

  5. Grive says:

    @kdoyle55: And,have there been any big thwarted attempts at an attack?

    Or maybe there hasn’t been any attempt, thus the security angle is irrelevant?

  6. JustThatGuy3 says:

    @thesabre:

    1. They could get those IDs today. They were legally in the country, and legally entitled to driver’s licenses.

    2. TSA security checkers aren’t doing any of the reader actions you claim, so the point is irrelevant. The bouncer at a local college bar is a lot more qualified.

    3. Fundamentally, ID does not equal security. If TSA were doing their real job correctly, then it should be perfectly safe to have Osama himself sitting next to you on the plane, so long as he didn’t have the means to (a) destroy the plane, or (b) breach the cockpit door.

  7. JustThatGuy3 says:

    @bart430:

    Customs does not equal TSA, just FYI.

    You of course have a right to your opinion. I have the right to view your opinion as fundamentally un-American.

  8. JustThatGuy3 says:

    @kdoyle55:

    “I dont see anyone complaining that there hasn’t been another successful attack on/through the airlines in 7 years.”

    That’s because of my magic rock. Keeps bears away too.

  9. bart430 says:

    @JustThatGuy3:
    You sound like a first year law student that doesn’t know shit and hasn’t done anything but smoke dope and bad mouth the country.

    You seem to be so smart, I’m surprised Obama hasn’t called your for the VP slot yet.

    I have done more than my fair share to protect others, why don’t you step up to the plate instead of mouthing off from the bleachers?

  10. LibertyReign says:

    @Pylon83:

    “I think the political party question is being taken out of context. I imagine the “screening service” utilizes a DMV database to ask questions that probably only the person would know, such as previous addresses. Most people register to vote at the DMV (or whatever incantation of it your state has), and they would likely have your noted party affiliation noted. While it’s a pretty personal question, it’s one that would be hard for an “impostor” to answer. “

    If by hard you mean typing a name on the internet and pressing then I agree, otherwise I call ‘em like I see ‘em, and you sound like a sheep.

  11. LibertyReign says:

    @GreatMoose:

    “Sorry, but who travels without some form of ID? I understand the privacy angle, but I can’t imagine trying to travel (especially air travel) without ID.”

    I do not possess I.D. So.. ME.. I don’t TRY to travel without it, I just do..always without exception.(travel without I.D. EVERYWHERE)

  12. LibertyReign says:

    @kepler11:

    There is a constitutional right to keep your papers to yourself unless you are served with a warrant.

  13. LibertyReign says:

    @kepler11:

    I am so amazed by the filth that spews from your mouth it leaves me wondering if you are paid by homeland security to go around randomly posting on websites..

  14. LibertyReign says:

    @Javert:

    simple answer to your question:

    America

    at least it used to be..ya know..that whole land of the free thing.. we liked our freedoms…really we did..

  15. LibertyReign says:

    @_as:

    Wow.. 50 times and yet still no.. one more for the masses

    checking I.D. for credit card purchases does NOT protect the consumer..

  16. LibertyReign says:

    @thesabre:

    I would prefer not to live in fascism and that requires me to travel any way I see fit and refuse to give up my civil liberties..

    Thanks for the advice though but I’ll take a pass on “shut the fuck up and take it slave”

  17. @CaptZ: Bollocks.

    You’re full of crap. Not only do you not have that information, nobody has that information. When I go down to vote my ballot never has my name on it. (Neither does anyone else’s, that’s why it’s called a secret ballot). After connecting the little arrows with the pen to make my decision, I put it straight into the scanner. The moment my ballot goes into the machine, the data point of whom I voted for is lost forever. Later on a nefarious person couldn’t even use the stacking order of the ballots to reconstruct your vote since they don’t keep track of who fed theirs in first.

  18. takuhii says:

    Could the democrat in Seat 17d please move to the back of the plane

  19. Kanidia says:

    I think that people should just remember their IDs like international travel. Maybe mandatory Passports will do it. I don’t see how that is any kind of violation of privacy… keeping track of your traveling records not only protects the state, but protects you from fraud and other issues.

  20. LibertyReign says:

    @Dooga:

    LOL. I would LOVE to see you explain HOW.

  21. houston2882 says:

    ID everywhere. next they will want tattoos on arms in case someone forgets their ID. For reasons as this, I drive. even at $4.00 per gallon. no TSA gestapo on the highways

  22. @Michael Bauser: They keep records of what party you’re registered with.

    Here’s the thing about this… I don’t understand why people in America have this conception that they don’t need a form of ID to go places. I don’t mean air travel. I mean down to the corner store or to a bar. It’s patently absurd. And don’t even tell me that it violates civil rights. It’s how you are identified as who you say you are. Every country I’ve travelled in requires it of its citizens. Hell, in the UK everyone I knew travelled with their passport, because they didn’t have drivers licenses. If you get hit by a bus, chances are they ID you with your ID.

    I don’t understand why people think they don’t need it. But most importantly, you’re getting on a fucking airplane. Of course you need your identification to prove you are who you say you are.

    I loved the line from this guy, David, about how last time he did it he kinda liked it because he skipped the line. Are you kidding me? How fucking entitled are you? The right of free travel doesn’t mean you get to jaunt about without ID, it means you don’t have to register your passport with every single hotel, friends house, or stop over where you’re staying.