APIS Rule will determine who travel internationally in the US
Adra Cooper
Issue date: 11/20/06 Section: Forum
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As anyone who has flown on a plane since 9/11 knows, airports have been trying to make their security tighter and tighter. But this security may reach a whole new level that may prohibit passengers from entering their flights at boarding time.
On April 7, 2005, the Bureau of Customs and Border Protection (CBP) presented the "2005 Advance Passenger Information System (APIS) Rule" that would regulate the transportation of passenger onboard aircraft and vessels traveling to and from foreign destinations and the US.
The APIS Rule will require background information on passengers and crews to be submitted no later than 15 minutes before departure or after arrival. If any passenger or crew members are flagged than they will not be permitted to board. The Rule is to begin action on January 14, 2007.
The stated benefit of the APIS Rule is the increase of security that would prevent dangerous individuals from boarding planes and executing terrorist attacks on the US.
However, it seems that to a certain extent, personal freedom cannot be compromised for the sake of "security."
Although the right to travel is not explicitly stated in the constitution, the Supreme Court recognized in the 1958 case Kent v. Dulles, that "the right to travel is a part of the 'liberty' of which a citizen cannot be deprived without due process of law under the Fifth Amendment."
The implementation of APIS Rule will certainly encroach this right while probably having little effect on terrorism.
The reason why the APIS Rule cannot successfully deter terrorist attacks is because fake identification is so easy to come by. With the expansion of the internet, just about anyone, from a 17 year old high school senior to a financially-backed terrorist, can get their hands on some form of false ID.
According to research done by the Massachusetts Institute of Technology, terrorists can work ID security systems to their advantage. Terrorists can tap into systems and discern which of them are flagged or not. They can then send members of their cell that they know will not be flagged.
On April 7, 2005, the Bureau of Customs and Border Protection (CBP) presented the "2005 Advance Passenger Information System (APIS) Rule" that would regulate the transportation of passenger onboard aircraft and vessels traveling to and from foreign destinations and the US.
The APIS Rule will require background information on passengers and crews to be submitted no later than 15 minutes before departure or after arrival. If any passenger or crew members are flagged than they will not be permitted to board. The Rule is to begin action on January 14, 2007.
The stated benefit of the APIS Rule is the increase of security that would prevent dangerous individuals from boarding planes and executing terrorist attacks on the US.
However, it seems that to a certain extent, personal freedom cannot be compromised for the sake of "security."
Although the right to travel is not explicitly stated in the constitution, the Supreme Court recognized in the 1958 case Kent v. Dulles, that "the right to travel is a part of the 'liberty' of which a citizen cannot be deprived without due process of law under the Fifth Amendment."
The implementation of APIS Rule will certainly encroach this right while probably having little effect on terrorism.
The reason why the APIS Rule cannot successfully deter terrorist attacks is because fake identification is so easy to come by. With the expansion of the internet, just about anyone, from a 17 year old high school senior to a financially-backed terrorist, can get their hands on some form of false ID.
According to research done by the Massachusetts Institute of Technology, terrorists can work ID security systems to their advantage. Terrorists can tap into systems and discern which of them are flagged or not. They can then send members of their cell that they know will not be flagged.
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