The Lesson of Domodedovo: Find the Bombers, Not the Bombs

On January 6th, the Electronic Privacy Information Center (EPIC) hosted a conference titled “The Stripping of Freedom—a Careful Scan of TSA Security Procedures.” I was honored to speak at this event. It was an inspiring demonstration of people with divergent political views coming together on an issue of national importance. Each speaker had a unique perspective, but I joined the likes of Ralph Nader, Stanford law professor Chip Pitts, and security expert Bruce Schneier in saying one thing--the new TSA measures are wrong.

The FlyersRights.org position has always been clear. As we’ve stated in press releases and countless media interviews over the last few months, air travel security is essential, but requires measures designed to enhance security that are effective, safe, and constitutional. I joined with all the other conference speakers in pointing out that none of those things are true of the present measures.

And now, another terror attack has killed 35 innocent people and injured nearly 200 more. To those of you who are even now reaching for your keyboard to write “How will you feel when the next airliner crashes because of your views,” I say this: How do you feel now that terrorists have struck again, sidestepping the very kinds of security measures that you insist will secure your safety? If you had been at Domodedovo today, how safe would you have been?

The lesson we must learn from the Moscow tragedy is the point made by Bruce Schneier in his recent NY Times op-ed piece. Here’s what he said:

A short history of airport security: We screen for guns and bombs, so the terrorists use box cutters. We confiscate box cutters and corkscrews, so they put explosives in their sneakers. We screen footwear, so they try to use liquids. We confiscate liquids, so they put PETN bombs in their underwear. We roll out full-body scanners, even though they wouldn’t have caught the Underwear Bomber, so they put a bomb in a printer cartridge. We ban printer cartridges over 16 ounces — the level of magical thinking here is amazing — and they’re going to do something else.

That “something else” happened in Moscow on January 24th. Let me say it again: of course we want security, but we need security measures that are actually effective, not measures that are simply security theater.

We need to find the bombers, not the bombs. The DHS needs to learn that most of us are honest citizens and stop treating each and every one of us as a potential terrorist. We need to honestly face up to the complex, daunting task of actually protecting ourselves, and we must stop grasping for solutions based on questionable technology. We need the DHS to apply the more than a third of a billion dollars we’ve thrown at them to actually finding solutions to this problem.

The DHS and TSA have met with almost every stakeholder in this issue, save one—airline travel consumers. FlyersRights, Ralph Nader’s Center for Study of Responsive Law, and the Electronic Privacy Information Center stand ready to work with the TSA to develop effective procedures that take into account the concerns of all flyers, and to help them understand the discontent their actions to date have caused in the flying public. FlyersRights.org runs a full time hotline where we handle issues for all air travellers. We do this free of charge. It is a great honor to help all air travellers to navigate the very hostile waters that both TSA and air travel present for us all.

0 Tarmac Delays of over 3 hours for November!

0 Tarmac Delays of over 3 hours for November!
Two months of 0 Tarmac Strandings for Domestic Flights, isn’t it time Passengers on International flights have the same rights?


Napa, CA (January 11, 2010)—Flyersrights.org: Today newly released data from U.S. Department of Transportation clearly demonstrates significant success for the DOT’s 3 Hour Tarmac Rule for domestic flights, enacted in April 29, 2010. The commercial airlines continue to claim that the 3 Hour Rule, which requires that commercial aircraft return to the gate after a period of 3 hours of delay on the tarmac, would cause mass cancellations and virtual Armageddon for airline passengers. This ignores the fact that international flights, which are currently not subjected to the Rule, were stranded en masse at JFK airport two weeks ago for up to 12 hours on the tarmac because they aren’t afforded the protections that our domestic flights are afforded.

“The horrifying stories of stranded international flights over the holidays, with passengers in some cases being forced against their will to sit on aircraft for 12 hours after a 14 hour flight, were completely avoidable. said Kate Hanni, Executive Director FlyersRights.org. “The rights that people in this country enjoy are not based upon their point of origin but rather on principle and values of common decency—denying people access to food, water and medications over long periods of time is just plain wrong and must be stopped regardless of where a flight originates.”

“Airline Passengers are human beings, not cargo, and they must be afforded certain basic human rights when traveling by air,” added Hanni.

The Air Travel Consumer Report can be found on DOT’s World Wide Web site at http://airconsumer.dot.gov. It is available in “pdf” and Microsoft Word format.

November was the second month in a row that the nation’s largest airlines reported no flights with tarmac delays of more than three hours, while the carriers reported only a slight increase in the rate of canceled flights during the month, according to the Air Travel Consumer Report released today by the U.S. Department of Transportation (DOT). This past October and November were the only months with no tarmac delays of more than three hours by the reporting carriers since the Department began collecting more comprehensive tarmac delay data in October 2008.

“The DOT has hit a home run for travelers with the 3 hour rule. We hope they move swiftly to announce their new rule further enhancing airline passengers rights by giving International flights the same protections afforded our domestic flights.”

“While the Regulation is an important protection, its vital that the new Congress move quickly to both include the airline passengers bill of rights in the FAA Modernization Bill and pass it quickly so that airline passengers have permanent, enforceable and sustainable rights.” said Kate Hanni

You do the math: Following link is a Ranking of Airline Performance since 1995: http://www.flyersrights.org/table.pdf
FlyersRights.org with a full time 24/7 FREE hotline; volunteers ready to help 24/7 1-877-359-3776.

The Stripping of Freedom: A Careful Scan of TSA Security Procedures"

"The Stripping of Freedom: A Careful Scan of TSA Security Procedures"


WHEN: Thursday January 6, 2011, 8:30 am Registration

WHERE: The Carnegie Institute for Science – 1530 P St. N.W. Washington, DC

WHO: Electronic Privacy Information Center (EPIC), Center for the Study of Responsive Law (CSRL)

WHAT: The press is invited to a one-day public conference devoted to an assessment of the TSA airport security procedures.

Experts in law, aviation security, and health safety, advocates for flyers rights, privacy protection, and religious freedom, as well as lawmakers and policy advisors will participate in the event. The event will also include a rich media display, with images from airport protests, YouTube videos, and campaign materials.

A link to the live stream of the conference will be available on the event website at http://epic.org/events/tsa/. Remote viewers will be able to ask questions and participate via twitter by tweeting #ScanTSA

Speakers include:

Ralph Nader, consumer advocate
Nadhira Al-Khalili, CAIR
David Greenfield, New York City Councilman
Kate Hanni, Flyers Rights
Jim Harper, CATO
Michael Roberts, Airline Pilot
Prof. Jeffrey Rosen, GWU
Marc Rotenberg, EPIC
Bruce Shneier, Security Expert

For more information:

http://epic.org/events/tsa/ and http://twitter.com/ScanTSA

Registration:

http://epic.org/events/tsa/registration.php

CONTACT:
Amie Stepanovich
National Security Fellow
Electronic Privacy Information Center
stepanovich@epic.org
202-483-1140 (Ext. 120)

The Stripping of Freedom: A Careful Scan of TSA Security Procedures

January 6, 2011

The Carnegie Institute for Science
1530 P St., NW
Washington, DC

Featured Speakers:

■Ralph Nadar
■Rep. Jason Chaffetz (invited)
■Rep. Rush Holt (invited)
■Nadhira Al-Khalili
■David Greenfield
■Kate Hanni
■Prof. Jeffrey Rosen
■Bruce Schneier
Michael Roberts

This one-day public conference will be devoted to an assessment of the TSA airport security procedures and recommendations for reform. Experts in law, aviation security, and health safety, advocates for flyers rights, privacy protection, and religious freedom, as well as lawmakers and policy advisors will participate in the event. The event will also include a rich media display, with images from airport protests, YouTube videos, and campaign materials.

Advance registration is preferred.

Airline Passenger Compensation Rights on International Flights

Airline Passenger Compensation Rights on International Flights
Copyright 2008

Paul S. Hudson, Esq. (Executive Board Member FlyersRights.org)

International airline passengers, under the Montreal Convention of 1999 ratified by the U.S. in 2003 (and which replaced the Warsaw Convention), now have legal rights that are in some ways superior to the rights of passengers on U.S. domestic flights. International air travel covered by this treaty includes any ticketed trip with stopping, departure or destination points in two or more countries. These rights include:

1) Strict liability for bodily injury or death incurred on board the aircraft or in the course of embarking or disembarking, up to approximately $160,000 in compensation. A passenger does not have to prove negligence or fault by the airline. However, damages may be reduced for contributory negligence or wrongful acts by the passenger.

For damages over $160,000, an airline may use the defense that it was not negligent or did not engage in wrongful conduct, or the damages were solely due to negligence or wrongful acts of a third party.

2) For lost or damaged or delayed baggage, the airline liability is generally limited to $1,640 per passenger, unless the passenger has handed the airline a special interest declaration and paid any supplementary fee. .

3) Airlines are liable for damages caused by delay in the transporting of passengers or cargo up to $6,640, unless the airline proves that it took all reasonable measures to prevent the damage caused by delay or that it was impossible for them to take such measures.

No airline is permitted by contract to assert lower liability limits for international air travel than those provided for in the Montreal Convention and any such contract terms are void. In general, state common law tort or statutory actions are now preempted, as most courts now view the Montreal Convention as the exclusive remedy for claims arising out of international air transportation.

Time Limits
Legal actions on all claims must be brought within two (2) years of the incident. However, in addition, complaints to the airline for baggage damage claims must be made within 7 days, for cargo damage within 14 days of the date of receipt by the passenger. For baggage or cargo delay claims, the passenger must file a complaint with the airline within 21 days of receipt. Complaint to the airline must be made in writing and delivered or sent within the time limits or the claim is barred except in case of fraud by the airline.

Jurisdiction
Courts that have jurisdiction for passenger actions against airlines under the Montreal Convention include US federal district courts and other courts where the passenger has his/her primary and permanent residence, where the airline is domiciled (incorporated) or has its principal office, the final destination location of the flight, or where the airline has a place of business through which the ticket was purchased.

This short article is for informational purposes only and does not constitute legal advice. Anyone seeking legal advice should consult with an attorney of their choice. The text of the Montreal Convention is available on the internet at http://www.jus.uio.no/lm/air.carriage.unification.convention.montreal.1999/doc.html The US dollar amounts specified in this article are based on the conversion to US dollars from the Special Drawing Rights units used in the Convention as of February 22, 2008. This conversion is posted daily on the International Monetary Fund web site.

International Flight Tarmac Delays Show Loophole in DOT Regulations Must be Closed!

For Immediate Release
International Flight Tarmac Delays Show Loophole in DOT Regulations Must be Closed!

4 years later: FlyersRights.org called on DOT to Include International Flights and Airports having Contingency plans in their new rule!

Napa, CA (December 30, 2010) – 4 years ago yesterday, 13,800 people boarded 138 American Airlines jets in hopes of reaching Dallas Fort Worth for their connecting flights during a crowded holiday season in late 2006/early 2007. Yet, all 138 of these flights were diverted to 24 airports in and around Texas to endure what would be for some people--including Kate Hanni and family--a painful and life-changing ordeal. In Hanni's case, she and her family were stuck on an airport tarmac for 9 hours and 17 minutes without water, food, or usable toilets. That is when she decided to take action.

In the last 3 days dozens if not hundreds of International Flights have been stuck on the tarmac at JFK for upwards of 13 hours in the case of an El Al flight, and many for over 8 hours in the case of Cathay Pacific, Delta Airlines, Austrian Air, Virgin Atlantic, British Airways, Air Emirates, Iceland Air Express..and then have spent additional days without food, water or access to medicines inside the JFK airport without help.

“FlyersRights.org has become, in 4 short years, the organization that airline passengers rely on to stand up for them and fight for their rights" said Kate Hanni, Director. "But clearly we have not done enough to prevent these horrifying tarmac strandings".

“When I was on the DOT’s coveted Tarmac Delay Task Force the airports including the New York Port Authority made idle promises they did not need to have a mandate and would ensure that another Jet Blue did not happen” “There was absolute assurance from the airports that they would help airline passengers during long on ground delays to a) always have a gate available b) make common use gates available, c) to keep airport vendors open 24/7 to ensure no one goes hungry or thirsty and to store emergency rations. They promised never again become a part of the tarmac delay problem so the DOT did not regulate them”…”Clearly their memories are short and those promises meant nothing in the face of this latest incident.

In addition the TSA offered all airports the opportunity to deplane passengers into sterile rooms, and the option of re-embarking without going through customs again. But those offers of assistance fell on deaf ears.

FlyersRights.org demands that DOT investigate this event and promulgate a rule that includes protections for international airline passengers. FRO also looks forward to final passage of the overdue FAA Reauthorization Legislation by Congress which contains many further provisions for airline passengers that will make their travel by air safer, healthier and more tolerable. We intend to be the voice for all air travelers indefinitely!

“While we understand that international flights present logistical and security challenges distinct from domestic flights, we feel strongly that the common sense Three Hour Rule which has worked so well since its inception should be extended to all flights operating in the U.S. regardless of their point of origin or destination,” added Hanni.

FlyersRights.org is the largest airline passengers rights nonprofit with 33,000 members For information, visit www.flyersrights.org or call the hotline at 1-877-FLYERS6.

JFK Tarmac Delays Impact International Travellers

Contact: Kate Hanni (707)337-0328
FlyersRights.org

For Immediate Release

JFK Tarmac Delays Impact International Travellers

4 years later: FlyersRights.org called on DOT to Include International Flights and Airports having Contingency plans in their new rule!

Napa, CA (December 29, 20010) – 4 years ago today, 13,800 people boarded 138 American Airlines jets in hopes of reaching Dallas Fort Worth for their connecting flights during a crowded holiday season in late 2006/early 2007. Yet, all 138 of these flights were diverted to 24 airports in and around Texas to endure what would be for some people--including Kate Hanni and family--a painful and life-changing ordeal. In Hanni's case, she and her family were stuck on an airport tarmac for 9 hours and 17 minutes without water, food, or usable toilets. That is when she decided to take action.

In the last 3 days dozens if not hundreds of International Flights have been stuck on the tarmac at JFK-- upwards of 13 hours in the case of an El Al flight--and many for over 8 hours, such as flights of Cathay Pacific, Delta Airlines, Austrian Air, Virgin Atlantic, British Airways, Air Emirates, Iceland Air Express. They then have spent additional days without food, water or access to medicines inside the JFK airport, without help.

“FlyersRights.org has become, in 4 short years, the organization that airline passengers rely on to stand up for them and fight for their rights" said Kate Hanni, Director. "But clearly we have not done enough to prevent these horrifying tarmac strandings.

“FlyersRights.org demands that DOT investigate this event and promulgate a rule that includes protections for international airline passengers. Clearly, passenger safety, customs requirements, and airport security considerations must be a part of that new rule. FRO also looks forward to final passage of the FAA Modernization act in Congress, which contains many further provisions for airline passengers that will make their travel by air safer, healthier and more tolerable. We intend to be the voice for all air travelers indefinitely!

“When I was on the DOT’s coveted Tarmac Delay Task Force the airports including the New York Port Authority made idle promises, saying they did not need to have a mandate and would ensure that another Jet Blue did not happen. There was absolute assurance from the airports that they would help airline passengers during long on ground delays to a) always have a gate available b) make common use gates available, c) to keep airport vendors open 24/7 to ensure no one goes hungry or thirsty and to store emergency rations. They promised never again become a part of the tarmac delay problem so the DOT did not regulate them”…”Clearly their memories are short and those promises meant nothing in the face of this latest incident. “

FlyersRights.org is the largest airline passengers’ rights non-profit with 33,000 members. For information, visit www.flyersrights.org or call the hotline at 1-877-FLYERS6.

Post Holiday Winter Storm Air Travel Advice from FlyersRights.org:

Post Holiday Winter Storm Air Travel Advice from FlyersRights.org:
Call our hotline at 1-877-359-3776 and we’ll help you navigate!

Napa, CA Dec. 26th 2011: Air Travelers along the east coast awoke to a Post Holiday Winter Wonderland; or Winter Travel Nightmare depending on their plans. FlyersRights.org encourages travelers to “re-accommodate” their flights with the airlines and if they need any assistance or run in to “roadblocks” to call FlyersRights.org at 1-877-359-3776 for toll free, entirely free help.

“FlyersRights advice is if you can avoid travel today, please stay safely home and re-schedule your flights or ground travel” said Kate Hanni Executive Director “The airlines are cancelling flights because it’s unsafe to fly, but driving in winter storm conditions is even less safe…so stay put if you can.”
Following are updates from several major carriers as to their handling of air travel for the next few days:

• Delta Air Lines says it's canceled about 850 flights today, including regional fights, because of the winter storm moving up the East Coast. A spokesman says it represents about a sixth of the airline's daily total. He says the cancelations are "concentrated from the Carolinas through New York."

• American Airlines says flights through Washington, Baltimore and Philadelphia will probably be canceled after 2 or 3 p.m. today, with late starts expected tomorrow morning.

• Continental Airlines has canceled 250 departures from Newark Liberty International Airport outside New York City. United Airlines canceled dozens of departures today from New York, Philadelphia, Boston and other cities.

• AirTran and Southwest Airlines also canceled flights, mostly in or out of Washington Dulles, Baltimore and Newark.

Most carriers are waiving the fees they normally charge for one-time changes in affected areas. They're urging passengers to make changes through their websites. See below for links to air carriers re-accomodation procedures.
http://www.delta.com/traveling_checkin/flight_status_updates/index.jsp

href="http://www.southwest.com/html/travel_center/christmas_wintry_weather.html">http://www.southwest.com/html/travel_center/christmas_wintry_weather.html

http://www.continental.com/CMS/en-US/travel/news/Pages/travelnotices.aspx?v_ctrk=HHLN$0-772-1869-1-1074

http://www.united.com/page/article/0,6867,53675,00.html



href="http://www.aa.com/viewPromotionDetails.do?fN=001_travelNotices.xml&_locale=en_US#ne">

ZERO (0) Tarmac Delays of over 3 hours for October

FlyersRights.org declares tarmac rule a success with 6 months data!

Overall Tarmac Strandings Down Dramatically from a Year Ago, Threats of Mass Cancellations did NOT materialize!
Napa, CA (December 7, 2010)—Today newly released data from Department of Transportation clearly demonstrates significant success for the DOT’s 3 hour tarmac rule, enacted in April 29, 2010. The commercial airlines continue to claim that the 3 Hour Rule, which requires that commercial aircraft return to the gate after a period of 3 hours of delay on the tarmac, would cause mass cancellations and virtual Armageddon for airline passengers. While the new consumer protections have only been in place since April, it is clear that these rules are working as intended, to protect passengers.

The October data is extraordinary, there were zero tarmac delays of over 3 hours down from 11 in 2009, and flight cancellations were reduced from .99% in October of 2009 to .97% for October of 2010.

According to the latest data, for the same 6 month period in 2009 there were 546 tarmac delays of over 3 hours compared to the same 6 month period in 2010 where we’ve seen only 12. To see the latest DOT data: http://airconsumer.dot.gov/reports/index.htm.

“3 hour tarmac strandings are nearly eliminated because of the new rule, and the number of cancellations is actually down from the 15 year 6 month average of 1.78% (excluding September 2001) to 1.17% for the same 6 month period in 2010, that’s a huge decrease in overall cancellations” said Kate Hanni, Founder of FlyersRights.org. “The reality of the rule is that it has made the airlines do the right thing and made travel better and more humane for everyone—its proof that protecting passengers can be both efficient and good business.”

“The DOT has hit a home run with the 3 hour rule. We hope they move swiftly to announce their new rule further enhancing airline passengers rights.”

“The new Congress should move quickly to both include the airline passengers bill of rights in the FAA Modernization Bill and pass it quickly so that airline passengers have permanent, enforceable and sustainable rights.” said Kate Hanni

You do the math: Following link is a Ranking of Airline Performance since 1995: http://www.flyersrights.org/table.pdf
FlyersRights.org with a full time 24/7 FREE hotline; volunteers ready to help 24/7 1-877-359-3776.

THE BY PASSING OF SECURITY BY ALMOST ALL AIRPORT WORKERS: Letter to Kate Hanni from an Airline Captain (Name witheld to protect him)

Hi Kate,

I saw you on Fox news. I’m a Captain for a major Airline based in Seattle and you and the rest of the media are unfortunately completely missing the story here. I park in a remote employee lot and ride the bus in with all the other airport workers. We call it the Mogadishu Express because nearly all airport workers now are Muslim. We all get off the bus together in the basement and ride the elevators up to the Terminal and cross the walkway into the terminal......... and then all these Muslims and other airport workers go downstairs and bypass security while only the Pilots and Flight attendants go up and are paraded through security in full dress uniform.

We Crewmembers are TSA’s pawns so the public can see us and feel like TSA is doing a thorough job, i.e. “ If the pilots have to go through too, then we must be safe Grandma”. TSA is a complete fraud. An army of these Muslim woman that have just bypassed security then come on my plane in full Muslim garb to clean it between flights. ( Please, I’m not picking on Muslims but simply trying to make my point). Then, all the ramp workers( most from Somalia as of this week, hired by Menzies) who have also bypassed security load the bags and then push my aircraft back from the gate so we can taxi.

They have all had complete unrestricted access to every lavatory, overhead bin, seatback, cargo hold, galley, nose gear wheel well as they disconnect the tow bar (read sticky bomb) and every other access panel on my aircraft. I feel a much greater threat from all these unscreened aircraft workers than I do from the passengers boarding my aircraft! TSA is nothing more than a giant overfunded whitewash perpetrated on the flying public to make them feel safe.PERIOD.

The janitors cleaning the restrooms inside the secure area of the terminal have bypassed security, the Mechanics working on my aircraft have bypassed security, the Skycaps pushing the old folks down the jet way in the wheelchairs have bypassed security, all the gate agents boarding the flight have bypassed security. All the construction workers at our airports have bypassed security and on and on. Are you starting to get the picture?

Pistole will first deny this then will relent and tell you they have all had a thorough background check. (Read drivers license check). I have been fingerprinted and checked by the FBI and I still go through security every single day and yet these thousands and thousands of Muslim and other airport workers bypass our nations security....... each and every day! There is no security.......its all a scam. Either every single person in the “secure area” has been screened by TSA or there is no security. Don’t even get me started on the body cavity bomber which makes these obtrusive scans and Genital pat downs instantly obsolete. I wish just one person in the media would pick up what is so obvious to the rest of us. THE BY PASSING OF SECURITY BY ALMOST ALL AIRPORT WORKERS.

Sincerely,

Airline Captain Based in Seattle

(Since I don't want to be turned in to Joe the Plumber I prefer to remain anonymous)