Are we traveling in a police state?

As she waited for her flight from Seattle-Tacoma International Airport to Medford, Ore., last month, Linda Morrison noticed something unusual in the waiting area.

“A lady in a TSA uniform came over, put on her rubber gloves and went up and down the rows of seats, choosing bags to go through,” remembered Morrison, a retired corporate recruiter who lives in Seattle. “She didn’t identify herself, didn’t give a reason for the search. She seemed to be targeting larger carry-on bags.”

Morrison was stunned. She expected to be screened at the designated checkpoint area, or maybe at the gate, where the TSA sometimes randomly checks passengers as they board. But this was different. “To me, it just felt like an illegal search performed by a police state,” she said.

There’s that phrase again: police state. It’s being thrown about a lot more since November’s pat-down/opt-out fiasco, as public anger over the TSA’s new security measures remains high. Which makes the question of whether we’re traveling in a police state, or something like it, worth taking seriously.

At least one other reader also reported the roaming searches described by Morrison, also in Seattle. Christine Porter says she witnessed an identical procedure on two separate occasions. “TSA now randomly appears at boarding gates to check boarding passes and IDs as well as potentially hand-search carry-on luggage,” she said. “It’s irritating.”

Is the TSA testing some new, more aggressive screening procedure in Seattle? I asked the agency.

“TSA officers at airports nationwide routinely screen passengers at the gate area using a variety of methods, including physically searching bags and using explosives detection technology,” said agency spokesman Greg Soule. “This additional layer of security is part of our unpredictable approach to keep passengers safe and reduce the risk of dangerous items being carried on planes.”

As is often the case with TSA’s answers, I can’t tell whether that’s a yes or a no.

I decided to put the police state question to an expert on repressive regimes. Mariam Memarsadeghi is a Washington-based human rights activist. “It’s absurd to liken the annoyances brought on by airport security to life under a police state,” she said. “A police state is defined by perpetual fear – fear of a state apparatus that is incessantly watching over the actions of people for the sole purpose of maintaining its power over them.”

Memarsadeghi notes that the threat American air travelers face isn’t from the government but from international terrorist networks.

So maybe the term “police state” isn’t quite right, then.

James Morrissey, a University of Illinois biochemistry professorand a frequent air traveler, prefers “intrusive security.” “TSA has become a law unto itself, and it routinely tramples the civil rights of the flying public,” he says. “Unfortunately, there will always be some people who will be perfectly okay with having their rights trampled in the name of security. But allowing this to happen is very disturbing to me.”

Jeff Stollman, a security and privacy consultant in Philadelphia, thinks that “annoying” better describes air travel in 2011. He’s irked by what he calls “security theater” that offers no real protection against terrorism. “I suspect that a lot of the current controls don’t really do that much to improve security,” he said.

Matthew Gast, a technology writer who works for a San Francisco-based publishing company, believes that it doesn’t matter what it’s called – it’s wrong. The TSA has gone “too far” in trying to protect us from terrorism. “I have not taken a flight since I was forced to allow a TSA agent to put his hands down my pants,” he said. “It’s the only time I felt unsafe in an airport.”

Supporters of the TSA’s more aggressive screening measures are quick to point out that no one has to fly, and that Amtrak, Greyhound and personal vehicles are still available.

But similar security searches are now being conducted on trains and in other public areas, including random screenings of Metro passengers in Washington, as well as mass-transit riders in New York and Boston.

The TSA has also indicated that it wants to move the perimeter of aviation security screening beyond the airport, to checkpoints on the road, according to Chris Calabrese, an attorney for the American Civil Liberties Union. If these roving searches are tolerated within the terminal and are allowed to jump to the street, there’s no telling what might come next. It isn’t inconceivable that in the near future, the TSA could set up roadblocks to randomly screen automobiles anywhere it pleases.

And if the TSA is permitted to expand its screening, it could prompt further outcries from the traveling public and more comparisons to a police state, say Calabrese and other privacy advocates.

Not all travelers have accepted these new procedures. The Electronic Privacy Information Center (EPIC) has filed a suit against the government, claiming that the TSA violated the Constitution and five federal laws when it deployed body scanners for primary screening at U.S. airports. The case is scheduled to be heard in a Washington circuit court March 10. There are also numerous proposed laws to curb the TSA’s power by either defunding the body scanners or making dissemination of scanner photos illegal.

“It’s very much out of character for the U.S. to embrace this type of suspicion-less surveillance,” says Marc Rotenberg, EPIC’s executive director. “But instead of branding it as part of a police state, let’s simply put an end to it.”

What do you think?

(Photo: freef ot ouk/Flickr Creative Commons)

  • John

    Twice in my life I have been the potential victim of terrorist bombs. Frankly I am more frightened of Janet Napolitano, John Pistole and their DHS/TSA “state police” than I am of Al Queda. I am frightened for what they are doing to the country my children will inherit, turning America into a true police state.

    The terrorists have won the fight, they have our government doing their dirty work for them.

  • Mimsy Rogers

    I’m arriving a bit late to the party, as usual, but…

    Tom: “No one cares about your junk” Sorry, but *I* care about my junk. I don’t want you, or anyone else that is not my doctor or my spouse, looking at it or touching it. If I can’t grab yours or random persons in the street, why is it okay for someone in uniform to do that to me?

    What I find especially troubling is the silence with which the TSA is rolling out these new “procedures.” They rolled out the nude-o-scopes with great fanfare, touting the latest in security technology, yet they’ve quietly crept further and further into our lives. Random searches, train stations….I don’t know. It’s as if they saw the minor (comparatively, and far from what it should have been and still should be ) rukus over the scanning and pat downs and decided that any further action they do should just be….kept secret.

  • Julie

    Heck, a government agency DOES set up checkpoints on roads. Ever traveled in the American southwest within miles of the border? The checkpoints there already stop people traveling on freeways, asking if they are US citizens and where they’re headed. Harassment is common for those who “look” Mexican, even though they are US Citizens or Permanent Residents. Weird experience for a born and bred Northerner.

  • Cornhusker

    I saw a roving crew looking at random passengerss’ bags at CMH this afternoon..also at my gate they did random gate searches and also for some odd reason had a TSA agent standing at the bottom of the Jetway watching passengers boarding with her gloves on, but I didn’t see her search anyone…wierd!

  • EricR

    You have to wonder how many schoolchildren aren’t going to get textbooks, competent teachers, modern facilities, etc. because $7 billion had to be spent on the TSA’s useless theatrics instead of our children’s education.

    Anyone who believes the TSA stops terrorist attacks is living in 1984…and by that I mean the book, not the year.

    The United States has become the Fearful States of Afraidica. Terrorists are everywhere, lurking in the shadows waiting to blow you up! Male teachers can’t receive hugs from grateful female students without it being considered molestation! Hispanics want to annex the USA into Mexico! The government is listening to your phone calls! Google is stealing your oh-so-private e-mail that no one really cares about! The Muslim family next door is probably receiving orders from Al Queda right now!!

    Wasn’t this crap all supposed to stop when George W. Bush left office? Didn’t we get a President who promised change for the better? Hasn’t Fox News been outed as the evil they are? Hasn’t MSNBC been outed as the voice of the nutjob radical left? Are there really still people left who believe Sarah Palin has a brain?

    I guess there are fewer intelligent, courageous people in this country than I thought. Where are all the proud, honorable heroes who fought in WWII who had the backbone to stand up against tyranny? Why do the same Tea Bagger nutjobs who preach the founding fathers when it comes to their taxes completely reverse their position when it comes to individual rights and the Fourth Amendment? Why do people in the South constantly re-enact all the Civil War battles they LOST? Why does anyone still care about the color of another person’s skin, rather than the integrity of his character? And since when does a guy kissing another guy – both whom you’ve never met – undermine the sanctity and success of your marriage?

    This world makes no sense.

  • cjr

    “This confirms my observation that this blog has indeed been hijacked by the rabid anti-TSA folks.”

    Just because you cover your eyes, ears, and mouth, Carver, doesn’t make the truth any less the truth: step by step, TSA is the kind of organization you find in a police state.

    But, feel free to continue to deny it all you like.

  • http://oussamastake.blogspot.com/ Oussama

    Obviously not too many people commenting here have lived in a police state or visited one. A few random checks do not make a police state. While I do not believe that some of the TSA actions are efficient or effective, they do serve a purpose in maintaining security at airports. The TSA is no worse than a lot of law enforcement agencies around the USA. A lot of major carriers in international airports intrude on our privacies by doing random checks at the gate using private service providers who give passengers a robust pat down, are they better than the TSA. I personally went through 2 at LHR with 2 separate carriers. Is a carrier requesting the TSA additional security checks on a passenger because their software profiled you based on nationality, place of residence and destination. I was in Detroit and the TSA made sure that I knew that it was the carrier that requested it, fortunately all it meant that after x-raying my bag they searched and I got a mild pat down, the good old days.
    What I am driving at is while the TSA actions may look draconian, the air carriers can be worse. Airports that want to use private security providers may end up doing what the TSA is doing now. The way the screening is done can be mandated in the interest of uniformity and service providers have to comply; we just replaced a federal employee by a private sector one. There is a problem in US airports and that is they do not separate arriving domestic passengers from departing ones and the justification is a uniform security regime.

  • Andrew, NYC

    Draconian travel security, by itself, does not make a “police state”. What gets me going are warrantless arrests at the whim of the Dept. of Homeland Security, as well as overwhelming governmental spying and lack of privacy. So yeah, we are in a police state. Get used to it.

  • http://www.cogitamusblog.com/2011/02/life-in-the-usa-a-photo-album.html Lisa Simeone

    John DavidsonMar 6
    It seems that the US has failed to understand that the TSA et al is doing exactly what terrorists groups want them to do: disrupt normal life as much as possible.
    Terrorists kill people to start the process that the TSA and DHS are currently performing.

    Exactly, John. And what many of us have been saying, and writing, over and over and over again. But people don’t get it. More accurately, people with an authoritarian mindset don’t get it. They love rules and regs that obviate independent thinking, and they love the fantasy of 100% security. “Take my rights, please take my rights! As long as you make me feel safe, I’ll do anything; even if I’m not.”

  • Ed

    I’ve just come back from spending a week celebrating my parent’s 50th anniversary in Durango Colorado. Flew from Dulles, to Denver and then on to Durango and back the same way. I have to say, there is a *DISTINCT* difference between small airports like Durango and major international airports like Dulles or Denver.
    When going through security in Dulles, the back-scatter machine wasn’t running, so I had to go through the metal detector. I dutifully removed all metal items from my body, including my watch and my belt (forgot my glasses in my breast shirt pocket though). Went through the metal detector and it went off…went back through, handed my glasses to the guard and went through again…beep again! The guard said the metal was on the lower part of my body…I searched my pockets and discovered a penny in the coin pocket of my jeans..handed *THAT* to the guard and went through again…this time, no beep.
    The guard handed me back the penny and I held it up to him like it was some kind of trophy and declared, “a *PENNY* Are you serious? A Penny? This single penny prevented me from going through security? Imagine the damage I could have done if it were a dime?”
    Then when we were going through the Durango security, I didn’t even have to remove my belt…As I was collecting my belongings at the end of the conveyor, I noticed one of those small change containers with two pocket knives just sitting there…on the secured side of the security checkpoint. I could have easily grabbed both pocket knives and gotten onto the airplane with no one the wiser…I brought it up to the attention of one of the screeners instead…lucky for them I didn’t report this violation!
    So, there is a huge difference between the airports you use and the level of security you have to go through!

  • cw

    Airport screening has become nothing more than another stinking bureaucracy that does nothing but violate our rights and wallets. TSA is now considered a career, go figure. Ever think about how you are tracked via your cell phone and then there is ‘OnStar’. Big brother is watching and Big Sis is laughing!

  • http://www.drbilltoth.com/blog Dr Bill Toth

    “Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety.”

    -often attributed to Benjamin Franklin

    “The trade-off between freedom and security, so often proposed so seductively, very often leads to the loss of both.” — Christopher Hitchens, August, 2003

  • Dave

    I have to agree that the term “police state” is going a little too far. On the other hand, the TSA is out of control and needs to be reined in.

    To me, secondary searches beyond the screening indicate two things: (a) the TSA admits that the initial screening is performed by a lot of incompetent boobs that need to be double-checked, and (b) they’re more interested in putting on a show than in doing real work.

    As a former military member, with duties partially involving secure information, I recognize that some things just can’t be laid out on the table. However, what would help TSA’s image more than anything would be to publicize some specific actions they’ve taken in the past, that we necessarily weren’t privy to at the time, and what the results were (and to boost their credibility, they might include some of the negative results, too). I have nothing against most of the individual workers, but the agency has gotten too big for its britches and is not held accountable to its employers, the Citizens of the United States of America.

  • sally

    Do the roving “inspectors” change to fresh gloves each inspection, or do they rummage through dirty underwear and then the next person’s clean clothing?

  • DFW ROAD WARRIOR

    @ Carver

    You write:
    “This confirms my observation that this blog has indeed been hijacked by the rabid anti-TSA folks.”

    Carver, I just returned from a trip where my meeting finished early and I arrived at the airport two hours before my flight was scheduled to depart. My procedure in these cases is too read or work on my computer rather than hassel with the airline to get an early departure and that is what I did after going through security.

    Now it so happens my gate was directly across from the TSA screening area and my seating choice was to face the screening area or the wall with a tv featuring one of the “talking heads” on whatever news channel was being broadcast. Since I was going to read I chose the row of seats facing the screening area.

    After about 30 minutes I was approached by a member of TSA asking me why I was sitting in the boarding area when there was no plane at the gate. I explained I was early for my flight, this was the departure gate and I was reading. He then asked to see my boarding pass and ID even though that was what I had to do to get to where I was sitting 30 minutes earlier. After checking my documents he informed me I could not sit in this boarding area because it had a direct line of sight to the screening area and I could observe TSA procedures. When I asked where I was supposed to sit he directed me to the food court or another waiting area that was not directly in line with the screening area.

    My response was to seek out the airline station manger who in turn contacted the airport police who then informed the TSA agent that he had overstepped his authority and that as a airline and airport customer who had already been screened by TSA I could access any public area of the airport I chose until my flight departed.

    I’m not anti-TSA but I do think they have, at times, tried to exceed the authority they were originally charged with.

    @ Chris

    As far as a “Police State” we’re not even close and I suspect you are too young to remember but back in the 70′s during the Nixon administration there was a policy called “no-knock” where law enforcement could enter your residence at any hour of the day or night without a warrant if they “suspected” you of engaging in illegal activity or harboring a fugitive or a suspect in a crime. That was a period when the term “Police State” was appropriate.

  • http://www.cogitamusblog.com/2011/02/life-in-the-usa-a-photo-album.html Lisa Simeone

    DFW Road Warrior,

    Good work on getting the airport manager to intervene and put that TSA jackass in his place.

    As for “no-knock” warrants, they still exist. And they’ve increased. Just to reference one time period, from 3,000 in 1981 to more than 50,000 in 2005. People have been brutalized, even killed, by these raids. The mayor of a town here in Maryland was a victim of one of these, his door was broken down, he and his mother-in-law were handcuffed, his dogs were shot and killed, and it was all a “mistake.” This is thanks to the so-called war on drugs. With the equally anything-goes campaign called the war on terror, these warrants aren’t going away anytime soon.

    http://www.justice.gov/olc/noknock.htm

  • Pamela D

    @EricR:

    Please marry me if I’m ever lucky enough to meet you in person. :-)

  • http://www.cogitamusblog.com/2010/11/five-words.html Lisa Simeone

    DFW Road Warrior,

    Take a look at some of the other actions taken in the so-called war on drugs (soon to be amended to the War On Whatever Our Overlords Say We Have To Declare War On):

    http://www.drugwarrant.com/articles/drug-war-victim/

  • http://www.cogitamusblog.com/2010/11/five-words.html Lisa Simeone

    From Forbes magazine:

    TSA Never Tested Full-Body Scans For Mass Transit, Except When It Did

    http://blogs.forbes.com/andygreenberg/2011/03/09/tsa-never-tested-full-body-scans-for-mass-transit-except-when-it-did/

  • Willy Wonka

    I was so looking forward to seeing Bush go bye bye and now we have a jackass as president that is 100 times worse.

    All talk and no action. Where is the change we were promised? When is this damn war going to end?

    I am truly ASHAMED to be an American.

  • Kara Jones

    @ Deborah Robinet – Where did you get the idea that the ACLU is paid by our tax dollars? They are a not-for-profit organization and certainly are not government sponsored.

  • Rwolf

    Will We Be Spied ON And X-Rayed To Death—By Government?

    Why does Wal-Mart need (manned) spy towers on mobile strategic platforms when Wal-Mart has cameras on its Super Center Roofs viewing parking lots? One might conclude U.S. Government made possible the spy towers at certain Wal-Marts as a trial run, to condition, intimidate and instill in millions of Americans shoppers—they are being watched. It is problematic that Wal-Mart mobile platforms might in addition to cameras, have infrared, (license plate and face recognition capability) tied to TSA/Homeland Security. If that is the case, one can envision police coming to Wal-Marts to drag off shoppers that—mobile platform-cameras identified having outstanding warrants. Why is U.S. Government hurriedly developing a police state? The Government is now using hundreds of (mobile X-ray vans) to scan without warrants—Citizens driving on roadways, when walking, standing—government and police can now use scanners to peer inside Citizens’ bedrooms.

    Is it only the War On Terrorism or is there another reason U.S. Government intends to establish millions of spy cameras on roadways, on public and private property? Meanwhile the Obama Government is ordering more X-ray scanners for airports; soon bus and train stops, the possibilities are endless? TSA has banned Americans flying without explanation; could government next blacklist Americans having access to enter shopping malls or private office buildings, even to see clients; or make it extremely demeaning that he or she visitor must be escorted in and out of non-government property?

    One can also envision outspoken Americans and writers considered dissidents or combatants by U.S. Government, subsequently being harassed, constantly questioned by police when driving to work, at checkpoints, when walking, driving around a City—being repeatedly forced to endure invasive pat down searches and x-ray scans. It is frightening to consider that a corrupt U.S. Government or quasi government agency could abuse government X-ray scanners, potentially over expose (targeted Citizens) to radiation—perhaps causing recipients cancer. Imagine the potential of over exposure for “Persons Of Interests” if repeatedly (forced to be scanned) at checkpoints and other locations.

    See Video: http://www.youtube.com/watch?v=tVQRMrlQ95U
    “Mobile Prison Guard Towers Coming to a Walmart near You! Unbelievable”