The Mercury News

Taking too many potty breaks? The TSA may be watching you

‘Quiet Skies’ agents have been following fliers and observing behavior

- By Missy Ryan and Ashley Halsey III

Federal air marshals have for years been quietly monitoring small numbers of U.S. air passengers and reporting on in-flight behavior considered suspicious, even if those individual­s have no known terrorism links, the Transporta­tion Security Administra­tion said on Sunday.

Under a sensitive, previously undisclose­d program called “Quiet Skies,” the TSA has since 2010 tasked marshals to identify passengers who raise flags because of travel histories or other factors and conduct secret observatio­ns of their actions — including behavior as common as sweating heavily or using the restroom repeatedly — as they fly between U.S. destinatio­ns.

The Boston Globe first revealed the existence of the Quiet Skies program on Sunday. In response to questions, TSA spokesman James Gregory offered more details of the program’s origins and goals, comparing it to other law enforcemen­t activities that ask officers to closely monitor individual­s or areas vulnerable to crime.

“We are no different than the cop on the corner who is placed there because there is an increased possibilit­y that something might happen,” Gregory said. “When you’re in a tube at 30,000 feet . . . it makes sense to put someone there.”

The TSA declined to provide complete informatio­n on how individual­s are selected for Quiet Skies and how the program works.

According to the TSA, the program used travel records and other factors to identify passengers who will be subject to additional checks at airports and, sometimes, be observed in flight by air marshals who report on their activities to the agency.

The initiative raises new questions about the privacy of ordinary Americans as they go about routine travel within the United States and about the broad net cast by law enforcemen­t as it seeks to keep air travel safe.

Gregory said the program did not single out passengers based on race or religion and should not be considered surveillan­ce because the agency does not, for example, listen to passengers’ calls or follow flagged individual­s around airports.

But during in-flight observatio­n of people who are tagged as Quiet Skies passengers, marshals use an agency checklist to record passenger behavior: Did he or she sleep during the flight? Did he or she use a cellphone? Look around erraticall­y?

“The program analyzes informatio­n on a passenger’s travel patterns while taking the whole picture into account,” Gregory said,

 ?? ANDREW HARRER — BLOOMBERG NEWS ?? The Transporta­tion Security Administra­tion secretly monitored airline passengers for years, raising questions about civil liberties and profiling.
ANDREW HARRER — BLOOMBERG NEWS The Transporta­tion Security Administra­tion secretly monitored airline passengers for years, raising questions about civil liberties and profiling.

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