Automated Targeting System: Difference between revisions

Revision as of 14:40, 30 July 2011

Revision as of 20:41, 24 September 2012

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The '''Automated Targeting System''' or '''ATS''' is a [[United States]] [[Department of Homeland Security]] computerized system that, for every person who crosses U.S. borders, scrutinizes a large volume of data related to that person (see below), and then automatically assigns a rating for which the expectation is that it helps gauge whether this person may be placed within a risk group of [[terrorist]]s or other [[criminal]]s. Similarly ATS analyzes data related to container cargo.<ref>{{cite journal|last=James Giermanski|date=June 25, 2008|title=Container Security: Is the Layered Approach Working?|publisher=CSO online.com|url=http://www.powersintlinc.com/pdf/CSO%20June%2008%20Layerd%20Security.pdf}}</ref>.

These ratings take many details into account, such as country of origin, how travel to the U.S. was funded, and the visitor's driving record. Other more mundane details also factor in, such as where the person is sitting on the flight and what they ordered for their meal.

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== Exemption from Privacy Act ==

Following the controversial [[Passenger Name Record]] agreement signed with the [[European Union]] (EU) in 2007, the [[Presidency of George W. Bush|Bush administration]] proposed to exempt the Automated Targeting System from the requirements of the [[1974 Privacy Act]] for access to records and for an accounting of disclosures. <ref name=Exemption>[[Statewatch]], [http://www.statewatch.org/news/2007/sep/04eu-usa-pnr-exemptions.htm US changes the privacy rules to exemption access to personal data] September 2007</ref>. Those proposed exemptions were finalized on February 3, 2010 .<ref name=ExemptionFinalized>PapersPlease.org, [http://www.papersplease.org/wp/2010/02/08/dhs-exempts-dossiers-used-for-targeting-from-the-privacy-act/ DHS exempts dossiers used for “targeting” from the Privacy Act] February 2010</ref>.

== Litigation ==

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'''EFF v. Department of Homeland Security:''' On December 19, 2006, the Electronic Frontier Foundation's FOIA Litigation for Accountable Government (FLAG) project filed suit against the Department of Homeland Security under FOIA, demanding "immediate answers about an invasive and unprecedented data-mining system deployed on American travelers."<ref>[http://www.eff.org/news/archives/2006_12.php#005045 Press Releases: December, 2006 | Electronic Frontier Foundation<!-- Bot generated title -->]</ref>

'''Shearson v. Department of Homeland Security:''' In June 2006, Julia Shearson, Executive Director of the Cleveland Chapter of the Council on American Islamic Relations (CAIR) filed suit pro se against the DHS under the Privacy Act, seeking disclosure of records about herself from ATS and the correction of erroneous records falsely characterizing her as a terrorist. <ref>[http://www.papersplease.org/wp/2011/04/21/dhs-cant-opt-out-of-liability-for-violating-the-privacy-act/ DHS can't opt out of liability for violating the Privacy Act | PapersPlease.org: April 21, 2011]</ref>

'''In 't Veld v. Department of Homeland Security:''' On July 1, 2008, the EFF FLAG project filed suit against the DHS under FOIA on behalf of Sophie In 't Veld, a Member of the European Parliament from the Netherlands, seeking disclosure of records about herself from ATS and other systems of records. <ref>[http://www.eff.org/press/archives/2008/07/01 European Lawmaker Sues U.S. Agencies to Obtain Travel-Related and Other Personal Information: Lawsuit Tests U.S. Assurances of Access Rights for EU Citizens | Electronic Frontier Foundation: July 1, 2008]</ref>

'''Hasbrouck v. U.S. Customs and Border Protection:''' On August 25, 2010, Edward Hasbrouck of the Identity Project (PapersPlease.org) filed suit against CBP under the Privacy Act and FOIA, seeking disclosure of records about himself from ATS, information about how ATS records are retrieved, and records releated to the processing of his previous Privacy Act requests and appeals for ATS records. <ref>[http://www.papersplease.org/wp/2011hasbrouck-v-cbp/ Edward Hasbrouck v. U.S. Customs and Border Protection | PapersPlease.org]</ref>

== Opposition ==

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<blockquote>The Identity Project has filed comments with the DHS, objecting to this proposal. Among other things, we’ve pointed out that Congress has expressly forbidden the DHS from spending a penny on any system like this to assign risk scores to airline passengers, and that the Privacy Act forbids any Federal agency form collecting information about how we exercise rights protected by the First Amendment — like our right to travel — except as expressly directed by Congress.<ref>[http://papersplease.org/wp/2006/12/05/every-traveler-is-a-target/ Every traveler is a target: December 5, 2006 | PapersPlease.org]</ref></blockquote>

== References ==

{{reflist}}

==See also==

*[[Commodity Classification Automated Tracking System]]

== References ==

{{reflist}}

== External links ==