Double-speak: When "surrendered" means "stolen"

A friend writes:

I was flying from SBA [Santa Barbara airport] to SFO [San Francisco airport].  I only had carry on since I was just going away for 2 nights to a friend's.  I absentmindedly packed my full size (5.2oz) Tom's toothpaste instead of a smaller tube because I had run out of the small tubes and I didn't think the 3oz liquid rule applied to toothpaste any longer.  

I have TSA pre-check, but - for some reason I haven't quite cleared up - United isn't recognizing me as that so my boarding pass didn't have it noted that way and I had to go through the song and dance of taking my shoes off, and going through the scanner. At SBA they require you to remove your liquids from your suitcase when putting luggage through the x-ray no matter who you are.  As a side note, if I had gone to the ticket counter to insist on Pre-check on my boarding pass (because SBA is so small) the only change would be that I could leave my shoes on and I would go through the old school metal detector.   

After I passed through the full body scanner and was waiting for my luggage and bags to come through they pulled my bag of toiletries aside and said the toothpaste violated the 3 oz rule.  I right away said, "Since when is toothpaste liquid? And, by the way, I've gotten that size tube through in the past."  (I may have fibbed there; not quite sure to be honest.)  They then said I could check my luggage if I like.  At this point who wants to get dressed again to then go downstairs, check in a bag (which is going to add 30 minutes to my trip by waiting for it on a carousel in SFO), then come back up to then just get undressed again and go through security again?  In hindsight I should have said OK, then just went back to my car to put my toothpaste in and still done carry-on.  But, I get so annoyed I can't think straight.  

So, after refusing and saying no, the TSA agent advised that I was surrendering my toothpaste.  That is when I lost my cool.  Hell no! I'm not surrendering anything.  I then accused her of stealing my toothpaste and she said, again: no, she was not; that I was surrendering.  I then decided to school her on the difference of surrendering (doing something voluntarily in my book at that point) vs the TSA taking my toothpaste without me agreeing to it (stealing).  I then grabbed my stuff in a huff and went over to a bench to put everything back on and back together.  Then to the bar to have a stiff drink.  

I just want to pause here and look at a couple things.

Masters of arbitrary rules

Just before Christmas travel began, TSA announced yet another "rule" that defies the traditional definition of a rule. Let's review:
When you go to the airport, you may be asked to go through a naked scanner. Unless,
a) There are no scanners installed.
b) The installed scanners are not in use due to maintenance or staffing.
c) You happen to be at the front of the line when the scanner is being used, but a metal detector is available.
d) You have Pre-check. Unless,
d1) You are directed to a scanner anyway.
e) You are randomly selected to participate in Pre-check (but see d1).
f) You opt-out, in which case you will get a physical pat-down.

And now,  the  newest rule:

f1) If you opt-out, you may still be directed to go through the scanner anyway.

Got that?  Here's the TSA's own words:

"'Passengers undergoing screening will still have the option to decline an AIT screening in favor of a physical screening,' agency spokesman Mike England said in a statement. 'However, some passengers will still be required to undergo AIT screenings as warranted by security considerations in order to safeguard transportation security.'"

TSA policy on children

Someone I trust kindly let me know that it appears that the TSA is no longer putting children through naked scanners, and, furthermore, that parents get whatever screening the children get (that would be: no naked scanners). I decided I should investigate.

Unfortunately, despite my friend's personal experience and stories (like this one) with similar anecdotes, it is not official TSA policy to keep kids out of naked scanners:

If your child is able to remain standing in the required position for 5 seconds, he or she may be screened through the advanced imaging technology. If a child 12 and under goes through the machine and alarms, they have an opportunity to go through again or the TSA officer may use other procedures to resolve the alarm to reduce the need for a pat-down.

You may not be screened by this technology when carrying an infant or child.

(You may recall that they changed policies for the under-12 set 4 years ago due to bad publicity, including a "modified" pat-down and the above-stated ability to go through the scanner a second time.)

It may very well be unofficial policy to put kids through metal detectors with their parents, and - just to keep us on our toes - they won't acknowledge it. But, it may also just be at the discretion of the supervisor(s) at a given airport.

For a large hub, with several security lanes - some with and some without naked scanners - it is probably quite easy to pick and choose who goes where. The randomized PreCheck may also increase odds if airlines can get families onto the list ad hoc. I do wonder what experiences are like at small airports with a single security lane (such as my hometown airport). What have you experienced firsthand while travelling with children?

Free trials of PreCheck were just a standard promotion, except not

Just like the 1-month free trial you get for other memberships, PreCheck free trials were intended to drum up business. However, unlike a private-sector free trial, where the company is always trying to increase its customer base - and where there are competitors that can entice customers away - the TSA has a target number of PreCheck customers, apparently. Why else would they be cutting back on the free trials?

Perks of Pre-Check Highlighted in NY Times

I am against Pre-Check (formerly, Trusted Traveler; always 'Papers, Please!') as a long-term solution to airport security, as I've written about here before. However, the expansion of the program may be a promising sign that public opinion can, and has, affect airport security policy. That is a point also noted in this NY Times editorial about the Pre-Check program.

I do worry that this is an effective ploy to appease enough of the traveling public to allow the TSA to continue to shed our rights. Hopefully, I'm wrong.

Are scanners on their way out?

I am cautiously optimistic that the feds are trying to quietly abandon the naked scanner program. I have been railing against the Trusted Traveler program, now renamed to PreCheck, but I now see this despicable program as, perhaps, a path to being able to fly again. Blasphemous, I know. But bear with me.

Businessweek reports:

"The TSA plans to begin randomly assigning travelers into the PreCheck program when they check in for a flight, assigning the quicker access with a notice on the boarding pass. No new passenger data will be needed—and TSA officials emphasize that there’s no form of request or lobbying a traveler can do to be chosen for the quicker line. The TSA wants to migrate about 25 percent of the travelers it screens each day—about 450,000 people—into the PreCheck lines to improve efficiency."

Naked scanners are expensive to buy, take up a lot of precious space at checkpoints, are likely very costly to maintain, and are politically somewhat unpopular. In addition, the TSA has backed itself into a corner where, in order to maintain the illusion of scanner efficacy while simultaneously giving legal cover for privacy concerns, they created the even more unpopular pat-down opt-out. Many TSA employees probably hate the pat-downs, so now they have disgruntled employees to deal with (not to mention, train). Finally, the scanners are actually not effective at catching determined, intelligent evil-doers.

So, perhaps, the TSA is trying to phase out the scanners in a way that they believe well save face and not anger the vested interests. After all, Chertoff's Rapiscan already lost its contract.

***

Changing gears a bit from seeing into the murky motives of government, what should a protestor such as myself do about PreCheck. If you're still flying, I think it is entirely reasonable to make your journey more comfortable by ponying up the bribe of $85. The background check and fingerprinting are more worrisome from a privacy perspective, but I think this is a judgment call. Keep in mind that there is no guarantee that you'll get the fast track or avoid the naked scanner. In addition to random checks, this program is not yet instituted at all airports or even all terminals at a participating airport.

One perk - and this is a biggie for me - is children of the PreCheck adult stay with the parent and receive the same level of screening, but they don't have to provide fingerprints, etc. So if you're mostly concerned about protecting your kids, PreCheck is a viable choice. Not a guarantee, but a better chance that you're child will not have their privacy invaded, be molested, or be treated like a criminal.