ACLU sues feds over airport screenings

The American Civil Liberties Union is suing the Transportation Security Administration (TSA) for information about its behavior detection program. 

The ACLU says the TSA’s Behavior Detection and Analysis program, formerly known as SPOT (Screening Passengers by Observation Techniques), “lacks a scientific basis, is wholly ineffective, and has given rise to allegations of racial profiling.” 

The civil rights group said Thursday that is has filed a Freedom of Information Act lawsuit against the agency for information about its criteria for inspections under the behavior detection program. 

{mosads}“As part of the program, thousands of ‘behavior detection’ officers scrutinize the behavior of travelers in airport screening areas in an attempt to identify anyone who may pose a security risk,” the ACLU said in a blog post about the lawsuit.

“If they identify someone exhibiting a ‘cluster’ of behaviors from a list of over 90 indicators that the TSA associates with stress, fear, or deception, they refer that person for secondary inspection or questioning.” 

The TSA has touted the behavior detection program as part of a switch to a group of “risk-based initiatives” officials say have greatly improved the airport security process because they allow agents to focus on travelers who are most likely to pose threats.

A separate program, known as “TSA Pre-Check,” allows passengers to volunteer information about themselves and a pay a fee to avoid hassles at airport security checkpoints.  

The ACLU has alleged the behavior detection program gives TSA agents license to racially profile passengers. 

“A scientific advisory group that reviewed the program found that ‘no scientific basis exists to support the detection or inference of future behavior, including intent,’ ” the group wrote. “The Government Accountability Office also found that it lacked a scientific basis and recommended that Congress curtail funding for the program. Passengers, as well as behavior detection officers themselves, have complained that this process results in unfair racial profiling.” 

TSA officials declined to comment on the pending litigation, but a spokesman for the agency told The Hill it’s been working to fulfill the ACLU’s information request. 

The agency has touted the behavior detection program as one of its risk-based initiatives that have improved airport security. 

“Our risk-based security initiatives boost the effectiveness of security resources by focusing them on high-risk and unknown travelers and commerce, while at the same time facilitating the efficient movement of legitimate travelers and commerce and trade,” Acting TSA Administrator Melvin Carraway told lawmakers in a February hearing.