TSA screening techniques can easily give way to implicit or explicit bias, says an ACLU lawyer. Photograph: Tim Boyle/Getty Images
A new study based on thousands of internal Transportation Security Administration (TSA) documents has excoriated a controversial screening program as reliant on dubious behavioral science and amounting to surveillance of scores of unsuspecting air travelers, particularly Muslims and Latinos.
The study, conducted by the American Civil Liberties Union (ACLU) after a years-long transparency lawsuit, may add to the anxiety of travelers in the Donald Trump era and particularly non-Americans, whom Trumps executive orders on immigration explicitly note do not enjoy legal privacy protections.
In particular, the TSA documents indicate a substantial focus on Arabs, Muslims and Latinos, despite repeated TSA assurances that the Department of Homeland Security (DHS) component does not profile travelers based on ethnicity, race or religion.
Because the techniques that the TSA are using are not grounded in valid science, those techniques raise an unacceptable risk of racial and religious profiling, said the ACLUs Hugh Handeyside, one of the attorneys in the TSA lawsuit.
The documents show the use of those techniques become a license to harass. They can easily give way to implicit or explicit bias.
The study reveals that the TSA concluded in internal investigations that its officials engaged in such profiling. At Newark Liberty international airport in New Jersey, a supervisor, ultimately demoted, instructed profiling of passengers based on race and made improper law enforcement referrals to Customs and Border Protection.
At Logan airport in Boston, agents implemented a procedure for profiling or identifying illegal aliens, something beyond the mandate of the TSA. Investigations of TSA profiling allegations also occurred at Chicago, Honolulu and Miami airports.
One behavioral-detection officer [BDO] cited in the report observed: Ive seen BDO managers lie to cover up their mistakes [and] make questionable decisions based on the way someone looks, ie cute, Asian, Black, etc Whats worse is Ive heard a BDO manager refer to passengers as towel heads when speaking in a meeting with other management AND subordinates.
TSAs program, Screening Passengers by Observation Techniques, or Spot, is intended as an additional check on potential onboard hijackings or airport attacks. Spot instructs plainclothes agents to conduct surreptitious interviews with travelers who have cleared security checkpoints and trains them to identify supposed signs of deception.
In 2013, the watchdog Government Accountability Office recommended limiting funding for Spot until TSA can provide scientifically validated evidence demonstrating that behavioral indicators can be used to identify passengers who may pose a threat to aviation security. A 2016 DHS inspector generals report stated that TSA employs 2,660 staff at 87 airports.
The passenger should not suspect that they have undergone any deliberate line of questioning, a Spot document instructs, contributing to the ACLUs conclusion that plainclothes Spot officers conduct surveillance covertly.
One TSA document on behavioral cues singles out a trancelike state; inappropriate clothing; avoiding direct contact with others.
Other alleged indicators include exaggerated yawning; excessive grooming gestures; fast eye blink rate; a lack of eye contact; excessive fidgeting, clock watching, head-turning, shuffling feet, leg shaking and more. A male with a fresh shave and lighter skin on his lower face is considered an indicator of concealed Muslim zealotry.
The ACLU lawsuit unearthed extensive scientific research undermining Spots premises that such behavior indicates deception at all.
A striking finding in the literature is that liars do not seem to show clear patterns of nervous behaviors such as gaze aversion and fidgeting, according to a 2007 article in the journal Law and Human Behavior. A 2006 review of the literature found that people who are motivated to be believed look deceptive whether or not they are lying.
Although the available science indicates that behavioral observation is little more reliable at indicating deception than flipping a coin, the ACLU found no evidence that the TSA reformed Spot to accommodate the evidence. Instead, the study called into question repeated statements the TSA has provided to Congress assuring that widely accepted principles supported by leading experts in the field of behavioral science and law enforcement underpin Spot.
[I]t appears highly unlikely that behavior detection officers could reliably assess deception or mal-intent through brief encounters with total strangers in a context as fluid and harried as an airport terminal, the ACLU study said.
In 2015, the Intercept revealed that Spot included on its list of signs you might be a terrorist activities including excessive throat clearing and contradictory instructions like gazing down and widely open staring eyes.
Handeyside said: We are just not convinced that this program can be implemented at all without raising an unacceptable risk of unlawful racial religious profiling. We think it should be discontinued.
Read more:
TSA screening program risks racial profiling amid shaky science study - The Guardian
- Dan Ariely: It’s OK to cheat and steal (sometimes) - April 7th, 2010 [April 7th, 2010]
- Full Sail Behavioral Science Leadership Podcast - August 27th, 2011 [August 27th, 2011]
- Full Sail Behavioral Science Passion - August 27th, 2011 [August 27th, 2011]
- 13H Refutes CCHR: Industry of Death (Behavioral Science) - August 28th, 2011 [August 28th, 2011]
- College of Social and Behavioral Science - August 28th, 2011 [August 28th, 2011]
- GB: Behavioral Science Bill For Propaganda - August 29th, 2011 [August 29th, 2011]
- Criminal Minds - The Behavioral Science Part 2 - August 31st, 2011 [August 31st, 2011]
- Santhula Hospital - A clinical and research center for Nuero-behavioral Science - August 31st, 2011 [August 31st, 2011]
- Behavioral Science Self-Assesment Project - September 2nd, 2011 [September 2nd, 2011]
- Behavioral Science: OPTIMAN - September 3rd, 2011 [September 3rd, 2011]
- Forget the Cinderella effect: stepparents are just as likely to kill their biological children as their stepchildren - September 4th, 2011 [September 4th, 2011]
- The Behavioural Science Blog in 2010 - September 4th, 2011 [September 4th, 2011]
- introduction to behavioral science - September 4th, 2011 [September 4th, 2011]
- CSU's Behavioral Sciences Building - September 5th, 2011 [September 5th, 2011]
- Criminal Minds Season 2 - Backstage - Behavioral Science Real-life Criminal Minds (1 of 2) - September 6th, 2011 [September 6th, 2011]
- Behavioral Science: Goldielocks - September 6th, 2011 [September 6th, 2011]
- Dean Welcome Message - CalSouthern School of Behavioral Sciences - September 7th, 2011 [September 7th, 2011]
- Criminal Minds - The Behavioral Science Part 1 - September 9th, 2011 [September 9th, 2011]
- TEDx Bandung-Roby Muhamad-Socio Behavioural Science - September 14th, 2011 [September 14th, 2011]
- How Behavioral Science Applies to Marketing - Jason Anello - September 14th, 2011 [September 14th, 2011]
- Public Health Behavioral Science - September 15th, 2011 [September 15th, 2011]
- Full Sail Behavioral Science Video - September 15th, 2011 [September 15th, 2011]
- Introduction to Behavioural Science - September 15th, 2011 [September 15th, 2011]
- University of Arizona College of Social and Behavioral Sciences Commencement Speech - September 17th, 2011 [September 17th, 2011]
- Introduction to Behavioral Sciences OSPE - September 17th, 2011 [September 17th, 2011]
- Get to know NAU's College of Social and Behavioral Sciences - September 20th, 2011 [September 20th, 2011]
- 3 Minute Thesis 2010 runner-up - Will Harrison, Faculty of Social - September 24th, 2011 [September 24th, 2011]
- New Behavioral Sciences Building at Colorado State University - September 27th, 2011 [September 27th, 2011]
- Intro to Psych Statistics - September 28th, 2011 [September 28th, 2011]
- Why Do Voles Fall in Love? - September 29th, 2011 [September 29th, 2011]
- Behavioral Science: What problems do you have in your life? - September 30th, 2011 [September 30th, 2011]
- Behavioral Solutions for Climate - October 3rd, 2011 [October 3rd, 2011]
- College of Social and Behavioral Sciences (SBS) 2010 Senior Celebration - October 4th, 2011 [October 4th, 2011]
- Enhance Student Teaching Podcast - Full Sail University Behavioral Science Class - October 4th, 2011 [October 4th, 2011]
- Music and the Brain: Depression and Creativity Symposium - October 4th, 2011 [October 4th, 2011]
- Experiment Test - October 4th, 2011 [October 4th, 2011]
- Helen Palmer and The Enneagram - October 4th, 2011 [October 4th, 2011]
- Rapid Learning: Behavioral Science And Patient Treatment - Behavioral Physiolgy - October 4th, 2011 [October 4th, 2011]
- Meet Nicole in the Colorado State University Behavioral Sciences Building - October 4th, 2011 [October 4th, 2011]
- Life As A Full Sail Student Ep. 5 (Behavioral Science) - October 5th, 2011 [October 5th, 2011]
- Happy holidays from your friends in the College of Business and Behavioral Science - October 5th, 2011 [October 5th, 2011]
- Behavioral Science Jumping Hurdles Full Sail University - October 5th, 2011 [October 5th, 2011]
- Dr. Meera Narasimhan on Mental Illnesses - Part 1 - October 5th, 2011 [October 5th, 2011]
- Science needs you: Test your word power on iPhone / iPad with Science XL free app - October 5th, 2011 [October 5th, 2011]
- Definition of Culture - October 5th, 2011 [October 5th, 2011]
- OSP Presentation: Bou's Clues (University of Santo Tomas, Behavioral Science) - October 6th, 2011 [October 6th, 2011]
- Behavioral Sciences OSPE Part 7: Informational Care - October 6th, 2011 [October 6th, 2011]
- Criminal Minds Season 2: Behavioral Science - October 7th, 2011 [October 7th, 2011]
- Behavioral Science - York College CUNY - October 7th, 2011 [October 7th, 2011]
- Miswakology Behavioral Sciences - October 7th, 2011 [October 7th, 2011]
- Criminal Minds Season 2 - Backstage - Behavioral Science Real-life Criminal Minds (2 of 2) - October 11th, 2011 [October 11th, 2011]
- Behavioral Science (A Lesson In Self Control) - October 12th, 2011 [October 12th, 2011]
- BEHAVIORAL SCIENCE LECTURE 1 - Video - October 13th, 2011 [October 13th, 2011]
- TEDxGoodenoughCollege - Jan-Emmanuel De Neve - The Genetics of Happiness - Video - October 13th, 2011 [October 13th, 2011]
- Using Denial to Cope with Grief and Depression - Winifred Gallagher - Video - October 13th, 2011 [October 13th, 2011]
- How To Survive Full Sail University - Video - October 14th, 2011 [October 14th, 2011]
- Life Positive Expo 2008 Appreciate Inquiry with Dr. Wasundhara Joshi and R Sankarasubramanyan - Video - October 14th, 2011 [October 14th, 2011]
- Dr. Meera Narasimhan on Mental Illnesses - Part 3 - Video - October 14th, 2011 [October 14th, 2011]
- Learning and Memory - Video - October 16th, 2011 [October 16th, 2011]
- Behavioral Science Proposal - Video - October 17th, 2011 [October 17th, 2011]
- 13H Refutes CCHR: IOD (Chapter 7) Psychosurgery (1/2) - Video - October 23rd, 2011 [October 23rd, 2011]
- 13H Refutes CCHR: IOD (Chapter 8) Psychiatric Drugs (1/2) - Video - October 23rd, 2011 [October 23rd, 2011]
- OUTDATED : Psychology and Behavioral Sciences Collection - Video - October 24th, 2011 [October 24th, 2011]
- CSUDH College of Natural and Behavioral Sciences - October 24th, 2011 [October 24th, 2011]
- Behavioral Science - October 24th, 2011 [October 24th, 2011]
- Behavioral science project. ( just one part of it) - Video - October 24th, 2011 [October 24th, 2011]
- Ramp Modeling for Dickies (UST- Behavioral Science Presentation) - Video - October 24th, 2011 [October 24th, 2011]
- Search in Psychology and Behavioral Sciences - PSCY 2301 - Video - October 25th, 2011 [October 25th, 2011]
- Forgiveness: Jesus vs Behavioral Science - Video - October 25th, 2011 [October 25th, 2011]
- PsyD Graduate Discusses her Learning Experience at CalSouthern School of Behavioral Sciences - Video - October 25th, 2011 [October 25th, 2011]
- Behavioral Science Statistics: One Sample and Dependent t-te - Video - October 26th, 2011 [October 26th, 2011]
- Full Sail University Behavioral Science Self-Awareness Exercise - Video - October 26th, 2011 [October 26th, 2011]
- FBI Behavioral Science Unit Interview - Part 2 - Video - October 26th, 2011 [October 26th, 2011]
- Full Sail BS Lab 2 Proposal - Video - October 27th, 2011 [October 27th, 2011]
- Full Sail University-Behavioral Science- Jumping Hurdles Project - Video - October 27th, 2011 [October 27th, 2011]
- Being Human - Behavioral Science Project - Video - October 27th, 2011 [October 27th, 2011]
- Behavioral Sciences OSPE Part 3: Compliance - Video - October 27th, 2011 [October 27th, 2011]
- Behavioral Science Film Fest feat. BSA1D '09 - Video - October 28th, 2011 [October 28th, 2011]
- Dan Pink Plenary Speaker Landsdowne Residency, March 2010 - Video - November 7th, 2011 [November 7th, 2011]
- Psychology and Behavioral Sciences Collection - Video - November 8th, 2011 [November 8th, 2011]