I was dismayed today to listen to a recorded radio program in which James Carafano of the Heritage Foundation debated Michael German of the ACLU about the whole‐body imaging systems being considered for airports after the Christmas attempt to light a bomb on a flight into Detroit.
Carafano, who I like personally, is a careless debater. He misstated the law, insulted a caller to the radio program, and misstated people’s names as he mischaracterized their views—in particular, my name and my views.
The segment was recorded, so we can capture exactly what Carafano said:
When the Transportation Security Administration rolled out this technology, they went through a very long and detailed consultation period with privacy and civil liberties groups including Jim Lindsey at Cato. I remember Jim Lindsey, when we had a session on privacy and civil liberties, stood up and complimented Secretary Chertoff, and said, “Look, this is something that you’ve actually done right. You’ve gone out to the stakeholder community, and you’ve gone over the procedures with us and we’ve come up with procedures that we’re very, very comfortable with.” So I think the privacy issue is really a non‐issue.
At a Heritage event in June, 2008, I rose to rebut how Secretary Chertoff dismissed privacy advocates. He said privacy advocates prefer “no‐security” airlines and that they want people to use fraudulent documents. As I gently chastised him for that, I did compliment the work of one TSA official to minimize privacy consequences of millimeter wave, which does provide a margin of security.
The event was recorded, so we can capture exactly what I said: “Frankly, I think millimeter wave is not a bad technology. Peter Pietra at TSA has done a good job, I think, of getting the agency to design the system well.”
That’s it. I made no reference to a “long and detailed consultation period,” and I don’t know of any such thing happening. I didn’t compliment Secretary Chertoff, but a deputy who—despite Chertoff, most likely—managed to instill some privacy protections in TSA’s use of whole‐body imaging systems. As to my comfort, I’ll take “less uncomfortable than I would have been” over “very, very comfortable,” which is inaccurate.
As I’ve written elsewhere, “I think [TSA privacy officer Peter Pietra has] done a creditable job of trying to build privacy protections into this system.… But maybe it’s not enough. We’re talking about trying to maintain privacy with a technology that’s fundamentally intrusive.”
Perhaps I’ve taken too subtle a position on millimeter wave: It provides a small margin of security at a high cost to privacy. With that, I’ll let the country make its decision, while I seek to moot this as a public policy issue: Airline security should be provided by airlines and airports, not the government.
I don’t think it’s appropriate to speak of me—by any name—as an endorser of this technology or the process of its adoption. Thanks to sound and video recording technology, the record can be clear.