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Ernest Miller Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School. Ernest Miller's blog postings can also be found @
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August 27, 2004

Confusing the No-Fly List

Posted by Ernest Miller

Seth Finkelstein posts some clever thought about how terrorists might flummox up the "no-fly" lists (Data corruption attack on terrorist no-fly list?):

The idea is simple: Take a low-level operative, perhaps one who has outlived his usefulness. Send him on a mission that is likely to get him captured. The key idea isn't the mission himself. Rather, have him carry phony "valuable intelligence" documents, with faked ID's in various alias, to get those names added to the no-fly list.
Finkelstein even alludes to getting the names of prominent jurists on the list. What would the justices on the Supreme Court think of the constitutionality of the no-fly list if they were constantly hassled everytime they tried to fly?

As amusing as that thought is, however, the real question is why would terrorists want to do this? Why would they want to flummox up a mostly ineffectual system that give the illusion, but not the reality of security? Sure, it might increase the costs of the system, but would it be worth it?

I do agree with Finkelstein on his final point though:

While this is of course a very old idea in general, the potential usage of the no-fly list, by terrorists, for creative disruption, has probably been under-examined.

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