By James Plummer

US District Court Judge Charles Breyer for Northern California ruled this week that the FBI and the Transportation Security Agency have been illegally stonewalling Freedom of Information Act requests by travelers demanding details on the so-called “no-fly” list which grounded them.

The action was brought by two antiwar activists and journalists who were detained at San Francisco International Airport because their names were on the list. Rebecca Gordon and Janet Adams demanded information about the list, including how many people are on it, and how travelers get added or removed.

Both agencies repeatedly claimed such information was classified and “sensitive.” Judge Breyer ruled such claims were “frivolous” and said the government “has not come close” to meeting its legal obligations.

The government even redacted a copy of a letter sent to them by a Wall Street Journal reporter who detailed the treatment of the plaintiffs and other activists at the hands of the TSA. Also redacted was the name of the FBI employee in charge of handling public complaints, among other employees who are responsible for the no-fly list.

Judge Breyer demanded the government agencies re-review their claims and provide a detailed affidavit detailing why each exempted piece of information is in fact exempt.

This level of accountability should not be acceptable as the federal government further takes over the airline security market, with the profiling CAPPS II system and UN-mandated biometric passports coming online over the coming months and years. With bureaucratic command-and-control supplanting consumer choice, travelers are forced from the marketplace and ticket counters to the courtroom to resolve their grievances.

It is unfortunate, and it is made more so when the agencies in charge act as Privacy Villains and refuse all accountability.

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