WASHINGTON – Without notifying the public, federal agents for the past four years have assigned millions of international travelers, including Americans, computer-generated scores rating the risk they pose of being terrorists or criminals.
The travelers are not allowed to see or directly challenge these risk assessments, which the government intends to keep on file for 40 years.
The scores are assigned to people entering and leaving the United States after computers assess their travel records, including where they are from, how they paid for tickets, their motor vehicle records, past one-way travel, seating preference and what kind of meal they ordered.
The program’s existence was quietly disclosed earlier in November when the government put an announcement detailing the Automated Targeting System for the first time in the Federal Register, a fine-print compendium of federal rules. Privacy and civil liberties lawyers, congressional aides and even law enforcement officers said they thought this system had been applied only to cargo.
The Homeland Security Department notice called its program “one of the most advanced targeting systems in the world.” The department said the nation’s ability to spot criminals and other security threats “would be critically impaired without access to this data.”
Still, privacy advocates view ATS with alarm. “It’s probably the most invasive system the government has yet deployed in terms of the number of people affected,” David Sobel, a lawyer at the Electronic Frontier Foundation, a civil liberties group devoted to electronic data issues, said in an interview.
The government notice says ATS data may be shared with state, local and foreign governments for use in hiring decisions and in granting licenses, security clearances, contracts or other benefits. In some cases, the data may be shared with courts, Congress and even private contractors.
“Everybody else can see it, but you can’t,” said Stephen Yale-Loehr, an immigration lawyer who teaches at Cornell Law school.
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