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The TSA is going after bloggers who wrote about a directive to increase security after the Northwest Flight 253 incident.

"Special Agent Robert Flaherty knocked on my front door with a subpoena. He was very polite, and used "sir" a lot, and he said he just wanted a name: Who sent me the security directive? "    http://www.elliott.org/blog/full-text-of-my-subpoena-from-the-department-of-homeland-security/
 
 

ON THE INTERNET:

The basic info regarding increasing security is right here in the PUBLIC FILES.

Quote:

 
 

TSA and DHS Statements on Northwest Airlines Flight 253
News & Happenings

DHS Secretary Napolitano Statement on Northwest Flight 253
December 26, 2009
1:00 p.m. EST

"I am grateful to the passengers and crew aboard Northwest Flight 253 who reacted quickly and heroically to an incident that could have had tragic results. The Department of Homeland Security immediately put additional screening measures into place- for all domestic and international flights- to ensure the continued safety of the traveling public. We are also working closely with federal, state and local law enforcement on additional security measures, as well as our international partners on enhanced security at airports and on flights.

The American people should continue their planned holiday travel and, as always, be observant and aware of their surroundings and report any suspicious behavior or activity to law enforcement officials.

Passengers flying from international locations to U.S. destinations may notice additional security measures in place. These measures are designed to be unpredictable, so passengers should not expect to see the same thing everywhere. Due to the busy holiday travel season, both domestic and international travelers should allot extra time for check-in."

Department of Homeland Security Statement on Northwest Incident
December 25, 2009
5:30 p.m. EST

WASHINGTON D.C. – Department of Homeland Security Secretary Janet Napolitano has been briefed on the incident aboard Northwest Airlines flight #253 and is closely monitoring the situation.

Passengers may notice additional screening measures put into place to ensure the safety of the traveling public on domestic and international flights.

As always we encourage the traveling public to be observant and aware of their surroundings and report any suspicious behavior or activity to law enforcement officials.

We encourage those with future travel plans to stay in touch with their airline and to visit www.tsa.gov for updates.

Transportation Security Administration Statement on Northwest Airlines Flight 253
December 25, 2009
4:30 p.m. EST

WASHINGTON D.C. - Transportation Security Administration (TSA) is aware of an incident that occurred onboard Northwest flight 253 from Amsterdam to Detroit. The flight landed safely in Detroit at approximately 11:53 a.m.

All passengers have deplaned and out of an abundance of caution, the plane was moved to a remote area where the plane and all baggage are currently being rescreened. A passenger is in custody and passengers are being interviewed.

TSA will continue to monitor the situation and update this information as necessary.

Text of my subpoena from the Department of Homeland Security

December 29, 2009    http://www.elliott.org/blog/full-text-of-my-subpoena-from-the-department-of-homeland-security/


We had just put the kids in the bathtub when Special Agent Robert FlahertyWe had just put the kids in the bathtub when Special Agent Robert Flaherty knocked on my front door with a subpoena. He was very polite, and used "sir" a lot, and he said he just wanted a name: Who sent me the security directive?

I invited Flaherty to sit down in the living room and introduced him to my cats, who seemed to take a liking to him. The kids came by to say hello, too.

"A subpoena?" I asked the special agent. "Is that really necessary?"

"Sir," he repeated. "You’ve been served."

Alright, then. I’ve been served. Here’s the full text of the subpoena:

UNITED STATES OF AMERICA
Department of Homeland Security
Transportation Security Administration

SUBPOENA DUCES TECUM

YOU ARE HEREBY COMMANDED BY THE ADMINISTRATOR, TRANSPORTATION SECURITY ADMINISTRATION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, to produce and permit inspection and copying of the records described below to Special Agent Robert Flaherty, TSA Office of Inspection, Transportation Security Admininistration, 580 T G Lee Blvd, Suite 610, Orlando, Florida 32822 (Phone #: 407-563-4096), email: Robert.M.flaherty@dhs.gov, no later than COB December 31, 2009, in furtherance of an official investigation:All documents, emails, and/or faxsimile transmissions (sic) in your control possession or control concerning your receipt of TSA Security Directive 1544-09-06 dated December 25, 2009.

IN TESTIMONY WHEREOF, the undersigned, an officer designated by the Transportation Security Administration, has hereunto set his hand in the county of Arlington, Virginia, this 29th day of December, 2009.

Dan Kuntz
Senior Counsel – Civil Enforcement
Transportation Security Administration
U.S. Department of Homeland Security

AUTHORITY

This subpoena is issued under the authority contained in 49 U.S.C. §§ 40113 and 46104; and 49 C.F.R § 1503.3.

Any person who neglects or refuses to produce records in obedience to this subpoena is subject to fines under Title 18, United States Code, imprisonment for not more than one year, or both, 49 U.S.C § 46313.

(For those of you who didn’t go to law school or take Latin, a subpoena duces tecum — Latin for "bring with you under penalty of punishment" — is form of a subpoena issued by a court ordering the parties named to appear and produce tangible evidence for use at a hearing or trial.)

So if I’m reading this correctly, the TSA wants me to tell them who gave me the security directive.

I told Flaherty I’d call my attorney and get back to him.

What would you do?

(Incidentally, my kids liked Special Agent Flaherty. They’ve been calling him "our friend from the TSA" all evening. Probably because he had a cool badge and got along with the cats.)

 
TSA Special Agent John Enright, left, speaks to Steven http://www.wired.com/threatlevel/2009/12/dhs-threatens-blogger/ outside the blogger's home in Niantic, Connecticut, after returning Frischling's laptop Wednesday.
 
Photo: Thomas Cain/Wired.com    http://www.wired.com/threatlevel/2009/12/dhs-threatens-blogger/


 

Two bloggers received home visits from Transportation Security Administration agents Tuesday after they published a new TSA directive that revises screening procedures and puts new restrictions on passengers in the wake of a recent bombing attempt by the so-called underwear bomber.

Special agents from the TSA’s Office of Inspection interrogated two U.S. bloggers, one of them an established travel columnist, and served them each with a civil subpoena demanding information on the anonymous source that provided the TSA document.

The document, which the two bloggers published within minutes of each other Dec. 27, was sent by TSA to airlines and airports around the world and described temporary new requirements for screening passengers through Dec. 30, including conducting “pat-downs” of legs and torsos. The document, which was not classified, was posted by numerous bloggers. Information from it was also published on some airline websites.


“They’re saying it’s a security document but it was sent to every airport and airline,” says Steven Frischling, one of the bloggers. “It was sent to Islamabad, to Riyadh and to Nigeria. So they’re looking for information about a security document sent to 10,000-plus people internationally. You can’t have a right to expect privacy after that.”

Transportation Security Administration spokeswoman Suzanne Trevino said in a statement that security directives “are not for public disclosure.”

“TSA’s Office of Inspections is currently investigating how the recent Security Directives were acquired and published by parties who should not have been privy to this information,” the statement said.

Frischling, a freelance travel writer and photographer in Connecticut who writes a blog for the KLM Royal Dutch Airlines, said the two agents who visited him arrived around 7 p.m. Tuesday, were armed and threatened him with a criminal search warrant if he didn’t provide the name of his source. They also threatened to get him fired from his KLM job and indicated they could get him designated a security risk, which would make it difficult for him to travel and do his job.

“They were indicating there would be significant ramifications if I didn’t cooperate,” said Frischling, who was home alone with his three children when the agents arrived. “It’s not hard to intimidate someone when they’re holding a 3-year-old [child] in their hands. My wife works at night. I go to jail, and my kids are here with nobody.”

 
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