DEPT. OF HOMELAND SEC. V. MACLEAN: TSA ATTEMPTS TO SILENCE WHISTLEBLOWERS
Author (51)* I. INTRODUCTION
In response to the savage attacks orchestrated by foreign terrorist organization Al-Qaeda on September 11, the United States Congress enacted the Homeland Security Act in 2002. This Act established the Department of Homeland Security as an executive department of the United States. The Department of Homeland Security combined 22 different federal agencies into a unified, integrated Department for the purpose of protecting the nation against threats to the homeland. The Homeland Security Act authorized the Transportation Security Administration (TSA) to “prescribe regulations prohibiting the disclosure of information . . . if the Under Secretary decides that disclosur[e] would . . . be detrimental to the security of transportation.” Acting on the authority outlined in the Homeland Security Act, the TSA created and implemented regulations that prohibited the unauthorized disclosure of “sensitive security information,” which included “[s]pecific details of aviation security measures . . . [such as] information concerning specific numbers of Federal Air Marshals, deployments or missions, and the methods involved in such operations.”
The issue before the U.S. Supreme Court in this case is two-fold: (1) whether a whistleblower’s disclosure was specifically prohibited by the TSA’s regulations on sensitive security information , and (2) whether the whistleblower’s
Paper 1: What are the capabilities and limitations of intelligence in supporting homeland security efforts?
In society today many citizens feel violated with the security methods taken by homeland security. “On September 11, 2001, terrorist attacks against the United States marked the beginning of the global war on terrorism. The methods used are justifiable as they provide protection against possible threats or attacks. This attack on U.S. soil increased surveillance of both American citizens and foreign nationals” (Andrew, C., & Walter,
decided to overhaul their security protocols and specifically upgrade the security involving airports and airplanes. The upgrade in security of airports, although in some cases helpful, has caused an unnecessary amount of problems for American civilians due to the invasive changes made by the American government. Not only is it harder to get through security in America, but many of the American’s privacies have been taken away by the government in the name of safety as David Lyon says in his article on security changes in airports: “after 9/11, various policies and even laws concerning matters such as privacy and confidentiality have been overridden by the concern with ‘national security’”(405). Under the claim of safety, American and foreign civilians’ rights and privacy have been abused and taken away, leading to many people being overall upset and angry with the
The FISA Act was formed to limit the power and capabilities of spies, but it is merely inadequate. This court created outrage and controversies with the subjective ways it deals with NSA warrants. The FISA court rejects only about .03 percent of warrants each year, which are mostly the local intelligence they leave to the local police (Cothran 164). The 99.97 percent of warrants accepted are based off of the heritage and nationality of a person rather than his activities. Consequently, this ethnic profiling creates a false sense of safety in the eyes of most Americans because it displays that the FISA court dishonestly accepts the false intelligence the NSA produces (Cothron 172). Although the NSA and FISA court is taking away civil liberties, the government has been doing the same all these years. Just like the FISA court falsely identifies someone, airport officials do the same when they see a “dangerous” ethnicity by inspecting them more thoroughly. Much like the biased actions of the FISA court, the NSA also conducts their research in an inappropriate
In November of 2001, the United States was still reeling from the attacks on September 11 of that same year. President George W. Bush created a new organization to prevent future attacks on American flyers. The organization was called the Transportation Security Administration, or TSA. The TSA was tasked with implementing security measures to protect travelers. At first, the measures were welcomed by the public. They were seen as a necessary measure to protect against future 9/11 style attacks. But now, 15 years later, the measures the TSA have put in place have been questioned repeatedly by members of the public, the press and congress. Incidents such as the Underwear Bomber, where a Nigerian
The U.S. Department of Homeland Security was formed more than a decade ago with a very significant mission of safeguarding America's homeland from hazards, threats, and national disasters. This department conducts its mission through securing the country's borders, preventing terror attacks, and responding to incidents or threats to its citizens (Miller, n.d.). Generally, the most important roles of the Department of Homeland Security are to lead a concerted national effort in securing the United States and preserving the American way of life. The department was established in 2002 in reaction to the 9/11 terror attacks and has since developed a nationwide strategic plan for evaluating and updating its mission statement and effectiveness of operations. These plans can be updated and transformed to accomplish the needs of the Department for Homeland Security and the American people.
Airport security in the post 9/11 era is designed to create the illusion of safety, without actually protecting us from terrorism. It is important to recognize, that the TSA is incredibly ineffective, at preventing prohibited items from getting past its gates. In a recent test at Minneapolis-St. Paul International Airport, undercover federal agents successful snuck in 95 percent of explosive materials, fake weapons and drugs. While this failure rate is certainly alarmingly high it is by no way unique. In a similar, but slightly broader Homeland Security investigation, the TSA failed 67 out of 70 tests conducted by the department’s Red Team across a variety of cities. Furthermore, the layout of security at airports is incredible ineffective. According to renowned security expert, Rafi Sela, “security should happen in rings, so different teams can check each other’s work.” However, in American Airports the only place that security happens is at one checkpoint.
After the terrorist attacks on September 11, airport security went through major changes and procedures. The Transportation Security Administration (TSA) which oversees airport security
The Cybersecurity Act of 2012 and its revised version S.3414 addressed several cyber security needs, which have been often overlooked or opposed. The nation stands vulnerable to cyber-attacks, as everyday technology is revamped and upgraded, while laws to protect the nation creep slowly through Congress. Many politicians have argued that these bills have imposed too much regulation on the cyber world and therefor oppose it (CITATION NEEDED). Congress needs to pass laws and regulations if they wish to help protect the nation from the growing threat of cyber-attacks, which can easily cripple the United States from across the globe. The Quadrennial Homeland Security Review Report reveals that the threat of cybercrime is a growing concern.
The U.S. government took many steps to try to make the country safer. It tightened security at airports and in public buildings. A new cabinet-level department—the Department of Homeland Security was created. It works to protect the United States from any terrorist attacks (scholastic.com). The U.S. Transportation Security Administration (TSA) didn't exist before 9/11. The TSA was created to do three things: take responsibility for all modes of transportation; recruit, assess, hire, train and deploy security officers for 450 commercial airports from Guam to Alaska within 12 months; and provide 100 percent screening of all checked luggage for explosives. In the past, the TSA detected 50 million prohibited items, including 5,000 firearms on passengers attempting to board planes. Now, 50,000 TSA officers screen nearly two million air travelers each day
As a Chief executive, the president’s main duties are to enforce and execute laws however they see fit. The President signs executive orders directing law enforcement agencies, including the agencies that enforce immigration laws, that has “prosecutorial discretion”– the power to decide whom to investigate, arrest, detain, charge, and prosecute. The Agencies may develop discretionary policies specific to the laws they are charged with enforcing, the population they serve, and the problem they face. The U.S. Department of Homeland Security (DHS) may decide how to prioritize its resources in order to meet its stated enforcement goals that are set by the President. With executive unilateral powers the president, drafts policies without and sometimes over the objection of Congress or the courts. The President can design policies regarding the immigration matter without approval of Congress, he can simply follow the former presidents’ footsteps on immigration laws. I am making the argument that U.S. President does have too much unilateral power.
The idea of securing the nation’s borders and securing the safety of the citizens has been a major topic since the beginning of the nation’s existence. There have always been means and procedures for it but it was never defined to the point it is today. The Homeland Security Department is a fairly new program which is constantly improving and adjusting in accordance to the threats that may arise. In the attempt to secure the United States, homeland security has become paramount and a lot of emphasis is being provided so as to ensure the safety of the borders and the citizens of the United States. So one must ponder what the difference between homeland security and homeland defense are since they both tend to mean the same
The United States of America experienced the greatest, and arguably the most significant, restructure of both governmental and legal proportions in its contemporary history. Following the suddenness of the attacks, the United States was desperate to ensure that an onslaught of a similar stature was subdued. Henceforth, the Homeland Security Act of 2002 was established, bringing into existence the Department of Homeland Security (DHS), a department specifically concerned with internal issues faced by the USA. Primarily made as a direct response to the 9/11 attacks, the role of the DHS is to protect the United States of America and its given states and territories from danger; specifically, terrorist attacks, man-made accidents, and natural disasters; this is commonly seen in airports in the form of Customs and Border Control which are two functions of the DHS, following its subsequent take over of the IHS (Immigration and Naturalisation Services) in 2003. In the same movement for security, the *USA PATRIOT Act of 2001 was legislated in an attempt to “detect and prosecute terrorism and other crimes”
Finally, the TSA is “hopelessly bureaucratic” according to Kip Hawle, a former TSA chief (Edwards, 2013). That bureaucracy often leads to extended retention of inefficient, ineffectual employees largely because the hiring and firing process is arduous. One study on TSA staff members suggests that employees may not take action because not adhering to the rules and regulations set forth comes with great penalties. Therefore, the employees are typically not free-thinking problem solvers, but people who want to complete their tasks without getting any attention. Unfortunately, this may lead to oversight if a terrorist threat does occur (De Gramatica, Massacci, Shim, Turhan, & Williams, 2017).
The last regulation is about designing revised dispute resolution and appeal process for disciplinary actions to provide fairness, but this is not effective to protect the employees from retaliation because managers might give pressure on them not to raise complaints about jobs using tacit warning at the workplace. Third, in order to increase morale and decrease turnover, the bottom line is to create accurate and proper job description from job analysis. Without developed job analysis, the TSA’s efforts for resolving employee concerns may provide false hope and have the unanticipated effects of heightening employee dissatisfaction and further undermining morale. Therefore, with 3 reasons mentioned above, the provisions will not be as effective as to solve the problem.