[Ppnews] The No-Fly List's False Sense of Security

[Political Prisoner News]

http://www.counterpunch.org/

June 14, 2007

The No-Fly List's False Sense of Security


Scare Canada

By FAISAL KUTTY

"Nothing personal sir, but your packages are not allowed on passenger 
airlines," said a United Parcel Service customer service agent, 
sitting in an American call centre. She was explaining to me that my 
package could not be delivered on an "early a.m." basis from Toronto 
to Peterborough.

I was interrogating the agent about why this was so, since I had been 
using UPS without any problems since starting my practice in 1996. 
Initially reluctant, the agent eventually confessed that when my 
account number was entered into their system, the "Flight Guardian" 
software flashed a red signal.

"Sir," she said, "after 9/11 we can only pick up packages if the 
green light is given."

The next day I called the UPS head office and inquired about the 
situation. The supervisor apologized and informed me that I could use 
the expedited service within Canada, but that I did not have the 
requisite clearance to use this service to the U.S.

We will never know how many Canadians have been so specially 
designated on more than a dozen lists maintained by the United 
States. The proliferation of these watch lists around the globe has 
been a troubling development in the "war on terror."

Now the Canadian government will complicate the situation even more 
by introducing its own no-fly list (set to be launched on June 18, 
2007), which will inevitably be shaped by, and be available to, the 
Americans and perhaps even others.

As we consider the need to improve our intelligence and law 
enforcement systems, we must have an open and informed dialogue about 
what measures truly make us safer while ensuring that our fundamental 
values and liberties are not sacrificed.

The proper forum for such a debate is our legislature.

Bypassing this necessary debate in introducing the cleverly named 
"Passenger protect program" is irresponsible and cavalier, 
particularly given what we learned from the case of Maher Arar, the 
Canadian citizen who was rendered to Syria for torture while in 
transit through New York.

This charge is not being made lightly, as the information- sharing 
protocols and mechanisms, which were criticized by Justice Dennis 
O'Connor in the Arar inquiry findings, have not been improved or 
addressed --yet Ottawa is pushing ahead with its list.

Though the government has claimed national security privilege in 
refusing to confirm or deny this, the Smart Border Declaration and 
the Security and Prosperity Partnership of North America, as well as 
intelligence agreements, make it certain that the list will 
cross-fertilize with U.S., and perhaps even other nations' lists.

Making lengthy watch lists based on subjective and political criteria 
and then giving the power to add and remove names to agencies that 
have a vested interest in the national security agenda is akin to 
asking the fox to guard the hen house.

Such lists --they will inevitably fill up quickly with "false 
positives," political dissidents, those whom our friends and 
neighbours subjectively view as threats --have not yet, as far as the 
public is aware, caught any terrorists in the U.S.

Indeed, common sense should make us wonder how someone can be too 
guilty to fly and yet be too innocent to be charged. Should those who 
pose a threat to our security be kept off our flights, but be free to 
roam our streets?

To make matters worse, real terrorists may not even be placed on the 
list for fear of tipping them off; no kidding, this is the official 
U.S. position.

How can such a list provide anything more than a false sense of 
security while leaving it rife for blacklisting innocent people as 
well as racial and religious profiling?

The no-fly list will threaten many basic rights and leave little 
practical recourse.

Yes, in theory there is the office of reconsideration. But the 
inability to know whether you are on the list until boarding time, 
the potential use of secret evidence as well as the use of unreliable 
and illegally obtained information by foreign sources, will make it 
near impossible to get off the list in many cases.

This is based on a close review of the U.S. experience as well as the 
plight of individuals who are already encountering difficulties in 
flying within Canada without Ottawa even having an official list of 
our own yet.

The extraterritorial application of U.S. watch lists is already 
impacting us; how will we fare once we have our own list interacting 
with, confirming and/or merging with other lists?

Hasty and ill-considered national security initiatives, which are 
essentially aimed at managing public perceptions more than they are 
in really addressing legitimate and manageable security concerns, 
will not move us forward in the fight to disrupt terrorism.

It will only complicate the lives of innocent Canadians and increase 
the opportunity for religious and racial profiling.

No matter how vigorously it is denied, racial/religious profiling is 
too often the reality for a growing number among Canada's Muslim and 
Arab communities and certainly in the national security context.

The experience of many Canadians who have already been caught up in 
the web of watch lists, in areas other than flying --be it for 
opening bank accounts, wiring money, sending courier packages, etc. 
--does not bode well for the no-fly list.

And my package? The one that was flagged by "Flight Guardian?"

Well, I drove to a depot close to my office and sent it off --without 
using an account number and by paying cash.

So much for the security offered by a watch list.

Faisal Kutty, a Toronto lawyer (www.ksmlaw.ca) and doctoral candidate 
at Osgoode Hall Law School at York University, is also vice-chair and 
counsel to the Canadian Council on American Relations. He can be 
reached at: <mailto:faisal at ksmlaw.ca>faisal at ksmlaw.ca




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