[4][5] Before the attacks of September 11, 2001, the U.S. federal government had a list of 16 people deemed "no transport" because they "presented a specific known or suspected threat to aviation.
"[6][7] The list grew in the immediate aftermath of the September 11 attacks, reaching more than 400 names by November 2001, when responsibility for keeping it was transferred to the Federal Aviation Administration (FAA).
Senator Edward Kennedy was denied boarding a flight because his name was similar to an alias found on the No Fly List.
[9] In October 2006, CBS News' 60 Minutes reported on the program after it obtained a March 2006 copy of the list containing 44,000 names.
[24] In a 2010 report, the Government Accountability Office noted that "Membership in a terrorist organization does not prohibit a person from possessing firearms or explosives under current federal law," and individuals on the No Fly List are not barred from purchasing guns.
[25] Republicans in Congress such as Senate Homeland Security Committee chair Ron Johnson and former Speaker of the House Paul Ryan oppose this measure, citing due process concerns and efficacy, respectively.
"[29] Specifically, the ACLU's position is that the government's current redress process—the procedure by which listed individuals can petition for removal from the list—does not meet the requirements of the Constitution's Due Process Clause because the process does not "provide meaningful notice of the reasons our clients are blacklisted, the basis for those reasons, and a hearing before a neutral decision-maker.
"[29] In December 2015, Feinstein's amendment to bar individuals on the terror watch list from purchasing firearms failed in the Senate on a 45-54 vote.
[30] Senate Majority Whip John Cornyn of Texas put forth a competing proposal to "give the attorney general the power to impose a 72-hour delay for individuals on the terror watch list seeking to purchase a gun and it could become a permanent ban if a judge determines there is probable cause during that time window.
[31][32][33][34] Additionally, a 2007 investigation showed that obviously false IDs could be used when claiming a boarding pass and entering the departures terminal, so a person on the No Fly List can simply travel under a different name.
False positive passengers will not be allowed to board a flight unless they can differentiate themselves from the actual person on the list, usually by presenting ID showing their middle name or date of birth.
In some cases, false positive passengers have been denied boarding or have missed flights because they could not easily prove that they were not the person on the No Fly List.
False positives and abuses that have been in the news include: The DHS Traveler Redress Inquiry Program (TRIP) is a procedure for travelers who are delayed or denied boarding of an aircraft, consistently receive excess scrutiny at security checkpoints, or are denied entry to the U.S. because they are believed to be or are told that they are on a government watch list.
[79] In the midst of this controversy, the Government Accountability Office of the U.S. Congress produced a report critical of the CAPPS II system.
It characterized the proposal as incomplete and seriously behind schedule, and noted that the TSA had failed to address "developmental, operational, and privacy issues identified by Congress".
Critics have alleged that the TSA has merely chosen to start with a less controversial entry point that they are calling the "Registered Traveler" program.
[82] Critics note that if it is not possible to abolish the No-Fly list or make placement on it appealable, Congress should at least review and improve the federal government's data security to prevent any future leaks.
Brown ruled in favor of the plaintiffs saying that air travel is a "sacred" liberty protected by the U.S. Constitution[86] and ordered the government to change its system for challenging inclusion.
[96] On January 22, 2014, Judge Anthony J. Trenga denied most of another government motion to dismiss the lawsuit, allowing the case to proceed toward trial.
[97] In 2015 Yonas Fikre of Oregon sued the FBI for harm to his reputation and violation of his due process rights to travel, after he was placed on the No Fly List and then removed.
[102] In addition, Canada's access to information system revealed that the US "Tuscan" (Tipoff US/Canada) database is provided to every Canadian border guard and immigration officer; they have the power to detain, interrogate, arrest and deny entry to anyone listed on it.
Unlike the no-fly list, which only applies to airports, Tuscan is used for every Canadian land and sea border, and visa and immigration application.