Evaluation of Transportation Security Administration Airport Regulations

Running Head: EVALUATION OF TSA REGULATIONS

Evaluation of Transportation Security Administration Airport Regulations

Eric John Leitzinger

Centennial High School

Abstract

In 2010 the Transportation Security Administration, under supervision of the United States Department of Homeland Security, implemented new security measures in airports to increase the safety of airlines passengers and further combat the efforts of those who wish to do harm to America or its citizens. The new procedures included full body scanning technology and aggressive pat-downs. The regulations resulted in an uproar from the public who felt violated or mistreated by these measures. Many people feel that the new security is too little of a benefit for too costly of a price. Others believe that a few moments of discomfort is worth safety. This issue raised an important question: which is more important, security or privacy? Also, are there alternative options for handling the protection of the USA?

Policy Identification and Explanation

The U.S. Code of Federal Regulations Title 49, Chapter XII, Subchapter C - Civil Aviation Security, outlines the rules and regulations that apply to the Transportation Security Administration and its handling of civil security for airline passengers in the United States. Specifically it deals with the use of full body scanners and pat downs, which have been the source of recent controversy. The scanners take photographs of each individual and display each photo to a TSA officer. It is essentially a nude full-body image of the passenger so that the officer can accurately determine that the passenger isn't carrying anything potentially dangerous. TSA also gives passengers the option to choose a pat-down instead. The pat-down is certainly thorough, as the officer literally pats down the individual's groin, rear, and chest, among other areas. These changes to airport security were made after the attempted Christmas Day bombing where the bomber was able to board a plane by placing explosives in his underwear. It is a federal policy.

Policy History/Background

There was once a time when airport security was far from a priority for our government, and certainly wasn't a worry for airlines passengers. In fact, airport security as we know it didn't exist at all until 1972. Before then, an airlines passenger could freely move from the ticket booths to the airplane without any disturbance. This changed in response to two events. First, in September of 1970, five planes en route to New York were hijacked over the course of four days and threatened to be destroyed by a group of Palestinian hijackers. This is known as the Dawson's Field hijackings. Second, in 1971, a man identified as Dan B. Cooper aboard a flight departing from Portland threatened to blow up the plane if the airlines didn't give him $200,000. The airlines agreed to give him his money. He then was able to parachute from the back of the plane to the ground. A search for him ensued, but he has never been found. In addition to changes to aircraft design and the implementation of sky marshals aboard certain flights, the Federal Aviation Administration (FAA) ordered in 1972 that all airlines check passengers and luggage to ensure safety before they are admitted onto a plane. These regulations had to be tweaked slightly to meet Fourth Amendment standards regarding discrimination and the legality of such searches and seizures (Wu, 2004).

Still, airport security was relatively lenient at the turn of the century. A passenger would only have to show ID once, and could arrive at the airport a few minutes before scheduled boarding time. Metal detectors were used to screen passengers, though items such as scissors and some knives were allowed on board (Tyson & Grabianowski). Then September 11, 2001 forever changed the way airport security is viewed and handled. On that day, terrorists used box cutters and took advantage of how easy it was to enter the cockpit to kill nearly 3,000 people. As a result of this fateful day, President Bush signed the Aviation and Transportation Security Act on November 19, 2001. The Act's primary focus was the creation of the TSA. The TSA was given a variety of responsibilities, but it's most fundamental objectives dealt with ensuring security for all modes of transportation, and having authority over screening airlines passengers and their luggage. TSA was originally organized under the U.S. Department of Transportation. In November of 2002, the Homeland Security Act was passed, addressing the need for a unified entity to handle threats to the safety of American citizens. It resulted in the creation of the U.S. Department of Homeland Security, and the TSA became a part of it ("Transportation security administration," 2001). Since the early 2000's, TSA has gradually lengthened the list of items that are prohibited on flights, but no major changes to security procedures had been made until 2010.

Current Situation

It was Christmas Day 2009, as Northwest Airlines flight 253 approached Detroit Metro Airport after a long flight from Amsterdam. Suddenly, passengers heard loud popping noises and saw bright flashes from the back of the cabin as 23 year old Umar Farouk Abdulmutallab attempted to ignite an explosive that he had hidden in his underwear. Ultimately his plan didn't work; he suffered severe burns and will spend his life in prison (O'Connor & Schmitt, 2009). Still, this incident made it clear to the U.S. government that the security system in place at the time wasn't as reliable as originally thought. How is it possible that a man could get something so destructive onto an airplane, whether it is located in someone's underwear or not?

TSA and the Department of Homeland Security agreed that stronger security measures had to be implemented to avoid similar attacks in the future. So in November of 2010, the changes began at 450 airports worldwide. The first major adjustment was the new pat-down policy. TSA officers are supposed to randomly select passengers for pat-downs. The pat-down is designed to prevent the public from bringing anything that can attach to the body that could be considered dangerous (such as an underwear bomb). In order for this to be effective, the officer can't be shy. A pat-down