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Re:Court: Suspicionless Searches of Travelers’ Phones and La... by Fellshard on Tuesday November 12, 2019 @03:38PM (#21517904)
Open question, here: Doesn't this backfire and make TSA more likely to operate on the basis of profiling alone? What makes a traveler suspect?

This reminds me of Sowell's distinction between 'Type I' and 'Type II' discrimination: when all other information is forbidden from you, you'll end up using the only information you have as your heuristic, however noisy and biased that information might be compared to a more comprehensive source. This leads to incidental systemic discrimination.

That said, if 'suspicionless' is tied to concrete external evidence rather than mere profiling, this should be a good move.

Re:Court: Suspicionless Searches of Travelers’ Phones and La... by ddenisen on Tuesday November 12, 2019 @04:05PM (#21518169)
This ruling has nothing to do with TSA. TSA does not control US borders.
Re:Court: Suspicionless Searches of Travelers’ Phones and La... by Fellshard on Tuesday November 12, 2019 @04:56PM (#21518604)
Fair. Insert relevant authorities instead; the principle is of more concern than the implementing authority in this situation.
Re:Court: Suspicionless Searches of Travelers’ Phones and La... by sneak on Tuesday November 12, 2019 @06:54PM (#21519562)
"You are of <protected class> X" does not meet the legal requirement of "reasonable suspicion", so while this (potentially) increases harassment based on profiling, it cannot meaningfully increase negative legal outcomes thereby.
Re:Court: Suspicionless Searches of Travelers’ Phones and La... by umvi on Tuesday November 12, 2019 @03:47PM (#21518023)
Unpopular opinion: why is profiling bad in context of airplane security?

If 100% of airplane terrorist attacks are carried out by people of X country (Xians), and 0% of airplane terrorist attacks are carried out by people from Y country (Yians), it seems like a pointless charade of political correctness to check Xians and Yians with equal frequency.

I say profile the heck out of Xians. Stop and frisk 100% of Xians and 0% of Yians.

Re:Court: Suspicionless Searches of Travelers’ Phones and La... by knodi123 on Tuesday November 12, 2019 @04:02PM (#21518141)
> why is profiling bad in context of airplane security?

Why is airplane security different than other contexts?

> 100% of airplane terrorist attacks are carried out by people of X country (Xians), and 0% of airplane terrorist attacks are carried out by people from Y country

That's not the real world. There have been white terrorists, christian terrorists, etc. There have been muslim terrorists from most countries. Sometimes they don't look culturally muslim at a glance - maybe we should bring back Fumi-e?

https://en.wikipedia.org/wiki/Fumi-e

> I say profile the heck out of Xians. Stop and frisk 100% of Xians and 0% of Yians.

As an islamic terrorist, you just gave me a fantastic idea about how to beat your security. I won't go into detail, don't want to make it too easy in case some other terror group also figures out how to look like a WASP.

Re:Court: Suspicionless Searches of Travelers’ Phones and La... by enraged_camel on Tuesday November 12, 2019 @04:20PM (#21518286)
>> Why is airplane security different than other contexts?

Presumably because the margin of safety for optimal aircraft operation is a lot thinner, and there's a high likelihood that a catastrophic failure results in everyone on board (usually several hundred people) dying.

In comparison, a regular train derailing (e.g. via a bomb, or whatever) isn't going to be as disastrous.

Edit: why the downvotes?

Re:Court: Suspicionless Searches of Travelers’ Phones and La... by umvi on Tuesday November 12, 2019 @04:19PM (#21518284)
> Why is airplane security different than other contexts?

Because hundreds of lives are at stake, unlike (most) other contexts like screening college applications or work visa applications.

> That's not the real world. There have been white terrorists, christian terrorists, etc.

Are you saying terrorists happen at equal frequencies across all demographics? There have been Christian terrorists, yes, but those strike me as exceedingly rare compared to Muslim terrorists, for example.

Why would you ever stop and frisk a family? Has a terrorist attack ever been carried out by a couple with children in the history of the world? Or even just gender profiling - how many terrorist attacks are carried out by women vs. men? Men should be scrutinized much more frequently than women; it's simple statistics.

Re:Court: Suspicionless Searches of Travelers’ Phones and La... by bzbarsky on Tuesday November 12, 2019 @05:11PM (#21518739)
> Has a terrorist attack ever been carried out by a couple with children in the history of the world?

Depends on how you define "children". E.g. see https://www.vanguardngr.com/2019/07/terror-attacks-the-inhum... but we're talking 15-year-olds, not 5-year-olds here (and note: 75% girls).

There is definitely an instance of a pregnant white woman trying to bring a bomb onto a plane (albeit unwittingly); see https://en.wikipedia.org/wiki/Hindawi_affair

You are, of course, correct that the frequencies for the various things here are not uniform.

Re:Court: Suspicionless Searches of Travelers’ Phones and La... by namdnay on Tuesday November 12, 2019 @05:12PM (#21518750)
> There have been Christian terrorists, yes, but those strike me as exceedingly rare compared to Muslim terrorists

In the USA??? I think the opposite is true. How many terrorist attacks have you had on US soil this year, and how many of the perpetrators identified as Christian vs Muslim?

Re:Court: Suspicionless Searches of Travelers’ Phones and La... by stevenwoo on Wednesday November 13, 2019 @02:10AM (#21521757)
Almost all of the abortion clinic bombers and shooters are self proclaimed Christians in the USA, as are most white supremacists - responsible for many attacks on synagogues in the USA including the recent Pittsburgh shooting. Also, Timothy McVeigh was targeting the large number of African Americans he saw working or in childcare at OKC federal building to try to start a "race war".
Re:Court: Suspicionless Searches of Travelers’ Phones and La... by _underfl0w_ on Tuesday November 12, 2019 @06:05PM (#21519227)
So what, I'm the only one in the US that's heard of a "mass shooting" taking place? Consider thinking before forming opinions.
Re:Court: Suspicionless Searches of Travelers’ Phones and La... by knodi123 on Tuesday November 12, 2019 @06:28PM (#21519405)
> Are you saying terrorists happen at equal frequencies across all demographics?

Are you aware that the person I replied to described a scenario where 100% of attacks came from one group, and 0% from the rest? He was just as wrong as the straw man of me that you constructed.

> There have been Christian terrorists, yes, but those strike me as exceedingly rare compared to Muslim terrorists, for example.

I bet I know why it strikes you that way. And it's not because of actual real-world statistics based on what's actually happening in America. Check the numbers on terror attacks in the US- you might be surprised at the Muslim / Christian breakdown.

> Has a terrorist attack ever been carried out by a couple with children in the history of the world?

Yes, they have. And if we start waving couples with children through the security line, then yes, we will see it much more.

> how many terrorist attacks are carried out by women vs. men?

Yes. And if that's how we decide to bias our security, then we'll see a lot more women terrorists.

Re:Court: Suspicionless Searches of Travelers’ Phones and La... by taway87 on Tuesday November 12, 2019 @09:08PM (#21520564)
> And if that's how we decide to bias our security, then we'll see a lot more women terrorists.

There are a lot of things that terrorists could do, but don't, in spite of lots of discourse like yours suggesting it would be effective for them. Bruce Schneier held contests for such suggestions, in order to highlight security theater, but also serving to point out that it's not remotely practical to guard against all reasonable threats. Since we're limiting the threats guarded against anyway, it might be better to guard specifically against those that have been experienced, rather than strip-searching grandma ( https://nypost.com/2019/06/06/tsa-humiliated-grandma-with-st... ) out of a pretense that it could be anyone... anyone at all.

Re:Court: Suspicionless Searches of Travelers’ Phones and La... by garg on Tuesday November 12, 2019 @03:58PM (#21518111)
Your opinion is unpopular because it makes no sense and does not improve security. The attacker will simply recruit a "Yian" because that's your blind spot now.
Re:Court: Suspicionless Searches of Travelers’ Phones and La... by refurb on Tuesday November 12, 2019 @05:16PM (#21518786)
I would actually argue it does improve security since you're spending more time on the people who have a higher probability of being a terrorist versus those that don't.

What doesn't improve security is just random screening where you're frisking 4-year olds and senior citizens and letting the adult males walk on by.

Re:Court: Suspicionless Searches of Travelers’ Phones and La... by hanniabu on Wednesday November 13, 2019 @01:24AM (#21521589)
It takes months to years for the regulation and security to start direct profiling a specific group. It takes this group a few days to change strategy. It's not very effective to have tunnel vision.
Re:Court: Suspicionless Searches of Travelers’ Phones and La... by pattrn on Tuesday November 12, 2019 @07:22PM (#21519779)
In that case, the odds of a Yian being a terrorist would increase, thereby increasing the odds of a Yian getting searched. If we assume that the odds of being a terrorist varies based on demographics, then this would catch more terrorists than random searches.

It reminds me of the N-armed bandit problem: use random searches some small percentage of the time, and use a distribution based on prior samples to identify subsequent searches. (It's not exactly the same, but the same technique applies.)

Re:Court: Suspicionless Searches of Travelers’ Phones and La... by wan23 on Tuesday November 12, 2019 @05:32PM (#21518942)
So what you're proposing is that we should take the set of countries that have had an airplane terrorist and check 100% of people from those countries, and none of the others? So because once a British man tried to light his shoes on fire to blow up a plane we should specially check 100% of the 3.8 million British citizens traveling to the US per year, but we should check 0% of those traveling on North Korean passports? Your opinion might be unpopular because it's bad.
Re:Court: Suspicionless Searches of Travelers’ Phones and La... by umvi on Tuesday November 12, 2019 @05:40PM (#21519011)
How about more like your country gets more strikes the more airplane terrorists you've had? So Britain has 1 strike, but Saudi Arabia has probably 20+ strikes. So you are 20x more likely to be searched if you are Saudi Arabian than British.

And if you are from a country that has never had an airplane terrorist, like North Korea, why should you be screened? Maybe you should be profiled for other things, but not terrorism.

Re:Court: Suspicionless Searches of Travelers’ Phones and La... by cdmcmahon on Tuesday November 12, 2019 @03:56PM (#21518098)
I'll (possibly inaccurately) assume this is in good faith. The most obvious reason that profiling is bad, even in your inaccurate and simplistic hypothetical scenario, is that just because all airplane terrorist attacks came from people of X country, does not imply that everyone from X country commits terrorist airplane attacks. Therefore you are unfairly and immorally forcing invasive searches on many innocent people of X country. If you have any empathy for the innocent people of X country, you will realize how horrible this is.
Re:Court: Suspicionless Searches of Travelers’ Phones and La... by refurb on Tuesday November 12, 2019 @05:17PM (#21518795)
Israel profiles like crazy and it works well. When I was traveling through there, I got a lot more questions. It just makes sense. A lone adult males traveling versus an Israel senior citizen.
Re:Court: Suspicionless Searches of Travelers’ Phones and La... by Yessing on Wednesday November 13, 2019 @01:20AM (#21521578)
Israel is an apartheid state founded on ethnonationalism from day 1. I don't think it's a great example to follow.

the parent's assumption is "if you have any empathy for X people". from deir yassin to modern day. That assumption does not hold.

Re:Court: Suspicionless Searches of Travelers’ Phones and La... by umvi on Tuesday November 12, 2019 @04:05PM (#21518173)
> Therefore you are unfairly and immorally forcing invasive searches on many innocent people of X country. If you have any empathy for the innocent people of X country, you will realize how horrible this is.

Okay, we are talking about an extra 5 minutes of scrutiny, not cruel and unusual punishment. I don't think it's really that "horrible" to make people from countries with bad track records jump through some extra hoops.

To use a real example... it would be like me doing extra background checks on Chinese people applying to my company vs. Norwegian people. Not all Chinese people are spies, of course, but I've never heard of Norwegian moles infiltrating US companies and lifting IP back to the motherland being a rampant problem.

Re:Court: Suspicionless Searches of Travelers’ Phones and La... by cdmcmahon on Tuesday November 12, 2019 @04:26PM (#21518341)
We'll have to agree to disagree about the invasiveness. In the case of the lawsuit in the original post, it's the search of all your electronic devices. I consider that to be quite invasive.

Furthermore, CBP and ICE both claimed their authority to search electronic devices at the border extended to US citizens, so much of the profiling was not just of people from certain countries, but from people whose ancestry was from certain countries.

Lastly, I can't and won't try to convince you that it's wrong to subject people of various backgrounds to different, worse treatment, whether it's "cruel and unusual" or unfair, or invasive, or even simply inconvenient. It sounds like you aren't usually subject to such treatment or else you would probably have a different outlook on it. I recommend talking or listening to some people who do, and what their experiences are like.

Re:Court: Suspicionless Searches of Travelers’ Phones and La... by saagarjha on Tuesday November 12, 2019 @04:19PM (#21518282)
> Okay, we are talking about an extra 5 minutes of scrutiny, not cruel and unusual punishment.

5 minutes if you decide to go along and reveal your entire digital life to the TSA.

Re:Court: Suspicionless Searches of Travelers’ Phones and La... by StuffedParrot on Tuesday November 12, 2019 @03:54PM (#21518084)
It doesn’t work. The TSA is horrendously ineffective and is the definition of security theatre. This just hurts people needlessly.

Much like the no fly list which is a huge violation of due process.

Re:Court: Suspicionless Searches of Travelers’ Phones and La... by bitcurious on Tuesday November 12, 2019 @04:30PM (#21518362)
Israel is known for having effective airport security, as well as for making use of profiling.
Re:Court: Suspicionless Searches of Travelers’ Phones and La... by kevinh on Tuesday November 12, 2019 @04:33PM (#21518394)
Do you have evidence that one is the cause of the other?
Re:Court: Suspicionless Searches of Travelers’ Phones and La... by StuffedParrot on Tuesday November 12, 2019 @07:49PM (#21520004)
Hardly a role model for any state.
Re:Court: Suspicionless Searches of Travelers’ Phones and La... by DanTheManPR on Tuesday November 12, 2019 @04:02PM (#21518151)
Bruce Schneier had a series of blog posts on that subject, as part of a debate with Sam Harris. Pursuing a strategy that discounts the effects of false negatives leads to whole categories of failures in identifying risks. It's analogous to debates about medical screening - by narrowly focusing on detection, we discount the negative effects of over testing, which can lead to perverse outcomes where we hurt patients more than we help.

https://www.schneier.com/blog/archives/2012/05/the_trouble_w...

Re:Court: Suspicionless Searches of Travelers’ Phones and La... by dheera on Wednesday November 13, 2019 @03:38AM (#21522104)
For the same reason you try to avoid machine learning models from overfitting. If you train a cats vs. dogs machine learning model but all your cat pictures are indoors and all dog pictures are outdoors, the model may inadvertently learn to recognise indoors vs. outdoors instead of learning cat vs. dog features, and will fail miserably on an image of a cat outdoors.

In your case, first of all, it's not 100%. Suppose 90% of attacks are by Xians and 10% are Yians.

Profiling Xians over Yians might mean that you catch 90% of attacks. Maybe 95% if you search some Yians.

On the other hand, learning to properly identify threats, independent of Xian vs. Yian, might allow you to catch 99.9% of attacks.

Re:Court: Suspicionless Searches of Travelers’ Phones and La... by _bxg1 on Tuesday November 12, 2019 @04:10PM (#21518215)
Because it disproportionally burdens all innocent Xians who did nothing wrong.
Re:Court: Suspicionless Searches of Travelers’ Phones and La... by ninetax on Tuesday November 12, 2019 @04:01PM (#21518137)
Certainly an unpopular opinion, but perhaps the comment you're responding to means profiling in a different way?

The way I typically understand profiling is that it's done to anyone who has features (skin tone, facial hair, clothes, etc) similar to Xians regardless of those people's actual origin.

And since it's trivial to change your appearance from Xian to whatever-ian it seems pretty useless to profile in that way. Also, really annoying and alienating for those who happen to look like Xian.

Re:Court: Suspicionless Searches of Travelers’ Phones and La... by magduf on Tuesday November 12, 2019 @05:43PM (#21519041)
>And since it's trivial to change your appearance from Xian to whatever-ian

Sorry, I don't buy this at all. It is not "trivial" to change your appearance to look like a totally different ethnic group. You seem to have a pretty fantastical idea about the state of today's plastic surgery technology. You might try to hide by shaving and wearing different clothes, but you can't hide what your face looks like or what you skin tone is.

Re:Court: Suspicionless Searches of Travelers’ Phones and La... by cortesoft on Tuesday November 12, 2019 @04:08PM (#21518200)
If it were the case (with 100% and 0%), then sure. But that is not the case.
Re:Court: Suspicionless Searches of Travelers’ Phones and La... by cgriswald on Tuesday November 12, 2019 @04:58PM (#21518617)
No, not even if that were the case. If you only check people who meet the profile your attackers will start using people who don’t fit the profile. So those percentages wouldn’t stay 100% and 0% for long.
Re:Court: Suspicionless Searches of Travelers’ Phones and La... by baddox on Tuesday November 12, 2019 @04:55PM (#21518597)
It sounds like you don’t care about the damage done by searching innocent people. Of course, if you don’t care about that, then just search 100% of all people! Why profile at all?
Re:Court: Suspicionless Searches of Travelers’ Phones and La... by miguelmota on Wednesday November 13, 2019 @01:21AM (#21521580)
Profiling everyone is inefficient
Re:Court: Suspicionless Searches of Travelers’ Phones and La... by tenebrisalietum on Tuesday November 12, 2019 @03:58PM (#21518112)
Xians can just start coming in from Y country.
Re:Court: Suspicionless Searches of Travelers’ Phones and La... by SuperFerret on Tuesday November 12, 2019 @03:55PM (#21518095)
It's bad because it doesn't work. Your hypothetical is just that, hypothetical. Doesn't work in practice. Also, violated due process.