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No-fly lists

How the American no-fly list applies outside America

Feb 21st 2011, 12:54 by A.H. | TORONTO

A BRITISH man prevented from flying home from Canada because his name was on America's no-fly list could be just the first of many such instances, says the Canadian Civil Liberties Association. Dawood Hepplewhite was not allowed to board his Air Transat flight from Toronto on February 13th when it was discovered that he was among the 8,000 to 10,000 people prohibited by the US from flying over its airspace. Even though Canadian airlines are not under any legal obligation to give passenger information to the US, Mr Hepplewhite was subsequently denied flights on Air Canada and British Airways.

It's unclear how Mr Hepplewhite's name was given to American authorities. Under existing Canadian privacy legislation, Canadian companies are not supposed to supply customer information to foreign governments. But that will change if a piece of Canadian legislation known as Bill C42, now in its third reading in the House of Commons, is passed. The bill puts in an exemption to the country's privacy laws that will allow airlines to divulge passenger information to the US, essentially giving American authorities the final say on which passengers will be allowed on flights due to pass over American airspace.

The Canadian Civil Liberties Association has “serious concerns about the lack of legal safeguards in Bill C42” and also the about the no-fly list's fairness and the listing process in general. “If a person believes they were wrongfully placed on the US No Fly List, it is apparently very difficult to find out why they were placed on the list, and difficult to get their name off of the list,” the association said. The American Civil Liberties Union, meanwhile, has brought a lawsuit challenging the no-fly list as “unconstitutional” and “un-American”.

Mr Hepplewhite has reportedly blamed his appearance on the no-fly list on his conversion to Islam and the fact that he was once interviewed for a teaching job in Yemen, widely considered a terrorism hot spot. But his story has a somewhat happy ending. The British High Commission intervened and got Mr Hepplewhite and his family on an Air Transat flight to Glasgow on Wednesday. If it hadn't done so, Mr Hepplewhite would have had to appeal to US Homeland Security to clear his name, a process that would have meant spending another 45 to 60 days in wintry Canada.

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Bowlie wrote:
Feb 21st 2011 1:17 GMT

I'm confused. How does a flight from Toronto to London cross US airspace? Perhaps a few seconds over Buffalo, or northern Maine, depending on the winds - but more likely not. And a Toronto - Glasgow routing would be the same.

So why are Air Transat, Air Canada and/or British Airways giving this information to the US government?

Perhaps Brussels should be asking Ottawa the same question?

PSH wrote:
Feb 21st 2011 4:40 GMT

According to US Homeland Security, somewhere around a million regular travelers are suspected of being active terrorists, and perhaps 10,000 of those are so dangerous that they aren't allowed on a plane.

They would have us believe the world is awash in flying terrorists, with only TSA to protect us. A sobering thought indeed.

If not, then TSA is a useless exercise in security theatre. There can't be 10,000+ really dangerous terrorists, much less a million, running about airports or they'd actually catch one or two.

Given TSA's abysmal "success" rate at detecting even the most obvious test decoys and inadvertent pistol packing passengers, I draw far more comfort from the alternative.

So, can I get a refund of my "security" fee on the basis of bad value?

MonctonMan wrote:
Feb 22nd 2011 7:45 GMT

The airlines don't need to give any info to the Americans to know if someone is on the list, they just need the list. So no privacy laws were broken.

Also, leaving from Halifax would have guaranteed not flying in American airspace, so the guy wouldn't have been trapped in "wintry" Canada. Toronto-Halifax is only a 27 hour bus trip ($157). If he doesn't like the bus, he could have taken ViaRail: 30 hours and $244.

ehjay wrote:
Feb 22nd 2011 8:31 GMT

The no fly list has been around for a few years. They used to tell you that your name came up due to a similarity, but that became worn and threadbare. One guy put his divorced wife's name on the list and I'm sure there are other absurdities associated with the list such as babies, long deceased people. I am elderly and retired and served in the armed services where I was privy to secret information and entered American military bases numerous times. I have no criminal record and I am caucasian and Christian. I held a responsible position in Aviation throughout my life. None of this prevented my name appearing on the list.

I followed Homeland's procedure to have my name removed and availed myself of the opportunity to express to Homeland my opinion of the list, its' denial of freedom to Americans, all other nationalities, and other absudities. It only took 2 years for Homeland to answer my application for removal of my name.

This list harks back to McCarthyism in the 1950s when Americans where denigrated, jailed, denied freedom, denied employment, for their ideology. This list is close to the tactics employed under Communist regimes during the Cold War. In my opinion the Patriot Act is an unpatriotic unconstitutional piece of legislation because it is justice delayed and freedom denied for some of those on the list.

I went through the Homeland procedure to satisfy my curiousity about the functioning of Homeland, not because the list had a significant impact on my life. As a life long believer and supporter of American policy I have in my latter years become wiser and the hypocrisy of America's policy has become more glaring. Unrest in the M.E. has made the Dept of State amusing to watch as it convulses about. There are probably millions of Americans that have been innocent but still subjected to injustice in civil society. It has been sad to watch the decline of America on so many levels, too many to mention.

Feb 22nd 2011 12:33 GMT

What a joke! All I have to say about this is that if this gentleman was such a threat, why wasn't he arrested and questioned? McCarthyism at its finest!

Houland Wolfe wrote:
Feb 22nd 2011 5:17 GMT

You should have concluded he would have to spend 45 to 60 days in the Country that has 3 of the top 5 most livable cities. Running down Canada does nothing to improve Britain's dental care!

tomoffinland wrote:
Feb 22nd 2011 5:19 GMT

Wrong and how unpragmatic for The Economist. He simply he would have had to make AirTransat (who broke privacy laws) reroute his ticket with a stop-over in Montreal, thereby avoiding US airspace completely.

langlais wrote:
Feb 22nd 2011 5:35 GMT

Yet another reason to completely boycott the US & not even think about ever going there.

MY Liberte wrote:
Feb 22nd 2011 7:02 GMT

His flight would not have crossed US airspace even from Toronto, but he was told in on the CHANCE the flight encountered problems and diverted to land on US airport he could be denied boarding. This was covered in CDN news sources.

MY Liberte wrote:
Feb 22nd 2011 7:03 GMT

His flight would not have crossed US airspace even from Toronto, but he was told on the CHANCE the flight encountered problems and diverted to land at US airport, he could be denied boarding in Canada. This was covered in CDN news sources.

651columbia wrote:
Feb 22nd 2011 8:22 GMT

I'm really missing the point, one person, out of hundreds of millions, is inconvenienced with flight re-routings and a subsequent effort to get his name off the the no-fly list becasue he was inadvertently, but perhaps not totally without reason (conversion to Islam and trips to Yemen), was placed on a no fly list that is used to protect civilians from a terrorist using aircraft as weapons of mass distruction?

Seems like the system is working reasonably well? Please stop blaming the U.S. Government for taking reasonable measures to protect its citizens. The terrorists are responsible the horrible conditions in their own countries and are the direct cause of the no-fly list. Start placing blame where it belongs.

flyingfox wrote:
Feb 23rd 2011 1:01 GMT

Folks, every threat is an opportunity. Nominate your debt collector, bail bondsman, business rival, colleague who beat you to that lucrative overseas job. Yes!!! Thank you, thank you, thank you....

kuhassan wrote:
Feb 28th 2011 9:06 GMT

Americans vetting Canada-Europe passenger lists has been in effect since 2002, at the start of the no-fly list.

I was a beneficiary of their zealousness on a routine Toronto-Paris Air Canada flight back in 2002. Luckily a half hour grilling by the RCMP allowed me to still make my flight.

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