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The U.S. Department of Homeland Security (DHS), U.S. Citizenship & Immigration Services (USCIS), Immigration & Customs Enforcement (ICE), Customs & Border Protection (CBP), Index, and National File Tracking System of Records, implemented new or modified uses of information maintained on individuals as they pass through the immigration process. The new requirements became effective as of 18 October 2017.

The new regulation updates the categories of individuals covered, to include: individuals acting as legal guardians or designated representatives in immigration proceedings involving an individual who is physically or developmentally disabled or severely mentally impaired (when authorized); Civil Surgeons who conduct and certify medical examinations for immigration benefits; law enforcement officers who certify a benefit requestor’s cooperation in the investigation or prosecution of a criminal activity; a­nd interpreters.

It also expands the categories of records to include: country of nationality; country of residence; the USCIS Online Account Number; social media handles, aliases, associated identifiable information, and search results; and EOIR and BIA proceedings information.
The new regulation also includes updated record source categories to include: publicly available information obtained from the internet; public records; public institutions; interviewees; commercial data providers; and information obtained and disclosed pursuant to information sharing agreements.

With this latest expansion of data allowed to be collected, it begs the question: How does one protect sensitive data housed on electronic devices? In addition to inspecting all persons, baggage, and merchandise at a port-of-entry, CBP does indeed have the authority to search electronic devices too. CBP’s stance is that consent is not required for such a search. This position is supported by the U.S. Supreme Court, which has determined that such border searches constitute reasonable searches; and therefore, do not run afoul of the Fourth Amendment.

Despite this broad license afforded CBP at the port-of-entry, CBP’s authority is checked somewhat in that such searches do not include information located solely in the cloud. Information subject to search must be physically stored on the device in order to be accessible at the port-of-entry. Additionally, examination of attorney-client privileged communications contained on electronic devices first requires CBP’s consultation with Associate/Assistant Chief Counsel of the U.S. Attorney’s Office.

So what may one do to prevent seizure of an electronic device or avoid disclosure of confidential data to CBP during a border search? The New York and Canadian Bar Associations have compiled the following recommendations:

  • Consider carrying a temporary or travel laptop cleansed of sensitive local documents and information. Access data through a VPN connection or cloud-based warehousing.
  • Consider carrying temporary mobile devices stripped of contacts and other confidential information. Have calls forwarded from your office number to the unpublished mobile number when traveling.
  • Back up data and shut down your electronic device well before reaching the inspection area to eliminate access to Random Access Memory.
  • Use an alternate account to hold sensitive information. Apply strong encryption and complex passwords.
  • Partition and encrypt the hard drive.
  • Protect the data port.
  • Clean your electronic device(s) following return.
  • Wipe smartphones remotely.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Source: article originally published by Mondaq.com, author: Cory, J (2017:11)

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A Hong Kong woman was caught late last month crossing the border into the mainland with an impressive 102 iPhones taped to her body — apparently, Shenzhen customs officers became a wee bit suspicious after noticing the woman’s unusually bulky clothing and strange stride.

They ordered her to take a walk through the X-ray scanner, which promptly sounded its alarm. A check revealed not only more than a hundred iPhones, but also 15 Tissot watches that were taped around her chest. In total, the smuggled items weighed about 20 kilograms, according to an Oriental Daily.

Customs and Border Protection is analyzing the distance between travelers’ eyes and the width of their foreheads to better track international travelers.

This week the agency began using facial recognition technology at Bush Intercontinental Airport on one daily flight departing Houston for Tokyo.

“The use of biometrics is approaching an almost everyday type of experience,” said Henry Harteveldt, founder of San Francisco-based Atmosphere Research Group, a travel industry research company. “It’s much more common now than it was 10 to 20 years ago.”

Similar technology is increasingly used everywhere. For instance, fingerprints are used to unlock phones and access secure banking information. Facebook can automatically recognize and tag friends in photos. And a variety of airport entities, ranging from airlines to the Transportation Security Administration, also are using biometric data to enhance security and expedite traveling.

Some still question the reliability of facial recognition technology, but it has evolved over the years and continues improving.

Delta and JetBlue recently announced collaborations with Customs and Border Protection to integrate facial recognition technology as part of the boarding process. And Customs began piloting its own facial recognition technology in June 2016 at Hartsfield-Jackson Atlanta International Airport. The technology then was rolled out at Washington Dulles International Airport in May 2017, and seven additional airports will receive the technology in the next several months.

Customs “sees potential for the technology to transform the travel process provided privacy issues can be addressed,” an agency spokesperson said in an email.

“The use of biometrics to confirm identity from the beginning to the end of travel has the potential to reduce the frequency travelers have to present travel documents throughout the airport.”

Currently, the system takes pictures of individual travelers right before they board an international flight. That photo is then compared with a flight-specific photo gallery Customs and Border Protection created using travel documents passengers provided to the airline.

Officials say capturing this type of biometric information will ensure travelers aren’t lying about their identity. And the agency spokesperson emphasized that Customs worked closely with its privacy office. If the photo captured at boarding is matched to a U.S. passport, the photo of that traveler – having been confirmed as a U.S. citizen – is discarded after a short period of time.

“I don’t think there’s going to be any resistance by consumers to this,” Harteveldt said, “provided they’re given very clear explanations about what information is being collected, why it’s being collected and a high-level understanding of the safeguards that will be taken to keep their biometrics data safe and secure.”

 Opinions vary on whether capturing such data from departing travelers will boost security or hurt airlines’ on-time performance. But the point is moot. Laws requiring exit control have been on the books for many years.

“It is already required by law, and it has taken way too long to implement an effective exit technology,” said Andrew Arthur, resident fellow in law and policy at the Center for Immigration Studies, a Washington, D.C.-based think tank that pushes for stricter immigration controls.

He said monitoring foreign travelers as they leave the U.S. helps enforce immigration laws. And if visitors enter the country legally but officials later realize they pose a threat, this exit system will tell officials if they are still in the U.S.

Harteveldt, however, said passport and visa information is already collected when travelers leave the country. He doesn’t believe biometrics are needed.”I’m just not sure it adds a lot of value to the exit process,” he said.

But compared with fingerprint technology, Harteveldt said facial scanning can be faster and cleaner. There’s no need to touch anything. Customs officers at Bush Intercontinental began taking the fingerprints of some departing international travelers in 2015.

Anthony Roman, president of global investigation and risk management firm Roman & Associates, said the best type of security is layered and uses cross-verification, such as a Customs and Border Protection officer checking passports, fingerprinting machines and facial recognition technology.

As for the latter, he said developers claim to have solved problems found in the older facial recognition technology. These past problems included false readings caused by a shadow on the face, blinking at the wrong time or even grimacing. Algorithms were also slow at processing the data.

The new technology is supposed to be faster and more accurate. “Whether that’s true or not, time will tell,” Roman said.

Arthur is still waiting to see that facial recognition technology is as reliable as fingerprinting. He wants to know the number of false positives and if facial recognition technology is affected by haircuts, beards or glasses.

They both agree, however, that the vigilance is warranted.

“Our technology needs to keep evolving,” Roman said. “We need to keep changing what we’re doing. It makes it more difficult for the insurgents to create long-term research and development projects to overcome existing technology.” Source: Houston Chronicle

USCBPThe US government is proposing making social media accounts part of the visa screening process for entry into the country.

US Customs and Border Protection’s proposed change would add a line on both the online and paper forms of the visa application form that visitors to the US must fill out if they do not have a visa and are planning on staying for up to 90 days.

The following question would be added to both the Electronic System for Travel Authorization (Esta) and I-94W forms: “Please enter information associated with your online presence—Provider/Platform—Social media identifier.”

The information will be optional, for now, but the proposed change published by the US Federal Register states that “collecting social media data will enhance the existing investigative process and provide Department of Homeland Security (DHS) greater clarity and visibility to possible nefarious activity and connections by providing an additional tool set which analysts and investigators may use to better analyze and investigate the case.”

The proposal is currently under consultation, with US government taking comments until 22 August.

The change forms part of the plan by the US DHS to scrutinise social media activity of visa applicants and those wishing to enter the country, following the San Bernardino killings in California, in which social media profiles formed part of the investigations along with an iPhone 5C.

Current DHS pilot programmes are being kept under wraps but are said to scan a limited amount of social media posts.

The pilot programmes currently used by DHS do not sweep up all social media posts, though government officials have kept details of the programmes closely held, as they do not want to reveal the precise process they use to try and identify potential threats.

It’s unclear if or how the DHS would verify information written on a form before hitting border control, leaving the possibility of false information being put down, and while the information may be optional, it will likely be difficult to discern what is and isn’t required on the form.

The US government approves around 10m visa applications a year and had 77.5 million foreign visitors in 2015. Collecting social media accounts for all visitors could produce one of the largest government-controlled databases of its kind almost overnight. Source: Customstoday

India customs_SnapseedIn a bid to make security checks less frazzling for international fliers after their arrival in the city, the Mumbai airport Customs have adopted an advanced in-line screening system to avoid inconveniencing commuters in the green channel. Installed two weeks ago, the system will also help improve screening procedure.

Earlier, every single item of luggage was screened at the Customs exit points, which led to long queues where passengers had to wait for hours before they could exit. With the new advanced screening system installed at the starting point of conveyor belts, the luggage will be screened before it is put on the belt from where the passenger picks it up and walks through the green channel.

“Earlier, there used to be a huge queue at the Customs checkpoints as each and every bag was screened there, and if anything was found to be suspicious, the screening for the following bags was stalled, putting other passengers on hold. With the new system, a foolproof screening would be done before the baggage makes it to the conveyor belt,” said a Mumbai airport Customs official, on the condition of anonymity.

“During screening, if any suspicious or undeclared items are found, the baggage would be marked and put on the conveyor belt. The Customs officer inspecting the luggage would pick it up to ensure that duty fine is imposed or appropriate action is taken,” the official said.

Apart from this, the new system would also be able to screen items concealed in packing, which were not detected by the earlier system and needed a manual check.

Officials further revealed that the Customs department is expecting ISO certification, one of the reasons why the new system was adopted. Apart from this, the Customs have also appointed a nodal agency to take feedback from passengers about the new system. Additional Commissioner Mahendra Pal (Air Intelligence Unit), Mumbai airport Customs, said, “We have adopted a new system which would reduce passenger inconvenience and help make screening better.” Source: www.ndtv.com

Publication of the latest USCBP Border Patrol Strategic Plan reflects and builds on the transformation of the United States’ relationships with Mexico and Canada, particularly in the areas of border management and security. The joint Declaration of Principles for the 21st-century border represents an enhanced and strengthened commitment to fundamentally restructure the way we manage our shared border. The depth and breadth of cooperation that occurs now between the United States and Mexico was unthinkable even a few years ago. Similarly, the Beyond the Border declaration between Canada and the United States has an equally significant potential in what is already our historically extraordinary relationship with Canada. These developments have created unprecedented opportunities with both Mexico and Canada, in which DHS and CBP will play a defining role, to improve our security and economic competitiveness – and CBP will play a defining role in taking advantage of those opportunities. The Border Patrol in turn is key to advancing CBP’s security agendas with Mexico and Canada, working with its law enforcement counterparts in each country to identify and mitigate threats.

The U.S. Border Patrol is a premier law enforcement organization, recognized around the world for expertise, capabilities, and professionalism. CBP’s officers and agents are the frontline, the guardians of the Nation’s borders. We honor and are proud of them, and we thank them for everything that they do to protect America and the American people. Source: CBP.gov

So there you have it – for a real dose of commercialized Customs and what it can do for the good folks in America, and anywhere else in the world for that matter, check out the strategic plan by clicking here! You’ll be forgiven if you thought you were reading an edition of Jane’s Defense & Security Intelligence & Analysis. Most customs and border management agencies around the world can only dream about such impressive kit! 

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The European Union on Monday prohibited the use of X-ray body scanners in European airports, parting ways with the U.S. Transportation Security Administration, which has deployed hundreds of the scanners as a way to screen millions of airline passengers for explosives hidden under clothing. The EC, which enforces common policies of the EU’s 27 member countries, adopted the rule in order not to risk jeopardizing citizens’ health and safety.

As a ProPublica/PBS NewsHour investigation detailed earlier this month, X-ray body scanners use ionizing radiation, a form of energy that has been shown to damage DNA and cause cancer. Although the amount of radiation is extremely low, equivalent to the radiation a person would receive in a few minutes of flying, several research studies have concluded that a small number of cancer cases would result from scanning hundreds of millions of passengers a year.

European countries will be allowed to use an alternative body scanner, on that relies on radio frequency waves, which have not been linked to cancer. The TSA has also deployed hundreds of those machines – known as millimeter-wave scanners – in U.S. airports. But unlike Europe, it has decided to deploy both types of scanners.

The TSA would not comment specifically on the EU’s decision. But in a statement, a TSA spokesman said, “As one of our many layers of security, TSA deploys the most advanced technology available to provide the best opportunity to detect dangerous items, such as explosives. We rigorously test our technology to ensure it meets our high detection and safety standards before it is placed in airports,” he continued. “Since January 2010, advanced imaging technology has detected more than 300 dangerous or illegal items on passengers in U.S. airports nationwide.”

Body scanners have been controversial in the United States since they were first deployed in prisons in the late 1990s and then in airports for tests after 9/11. Most of the controversy has focused on privacy because the machines can produce graphic images. But the manufacturers have since installed privacy filters.

As the TSA began deploying hundreds of body scanners after the failed underwear bombing on Christmas Day 2009, several scientists began to raise concerns about the health risks of the X-ray scanner, noting that even low levels of radiation would increase the risk of cancer.

As part of our investigation, ProPublica surveyed foreign countries’ security policies and found that only a few nations used the X-ray scanner. The United Kingdom uses them but only for secondary screening, such as when a passenger triggers the metal detector or raises suspicion.

Under the new European Commission policy, the U.K. will be allowed to complete a trial of the X-ray scanners but not to deploy them on a permanent basis when the trial ends.These new rules ensure that where this technology is used it will be covered by EU-wide standards on detection capability as well as strict safeguards to protect health and fundamental rights.

Five-hundred body scanners, split about evenly between the two technologies, are deployed in U.S. airports. The X-ray scanner, or backscatter, which looks like two large blue boxes, is used at major airports, including Los Angeles International Airport, John F. Kennedy in New York and Chicago’s O’Hare. The millimeter-wave scanner, which looks like a round glass booth, is used in San Francisco, Atlanta and Dallas.

Within three years, the TSA plans to deploy 1,800 backscatter and millimeter-wave scanners, covering nearly every domestic airport security lane. The TSA has not yet released details on the exact breakdown. Source: ProPublica