About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

90 Temp. L. Rev. Online 1 (2018-2019)

handle is hein.journals/tlro90 and id is 1 raw text is: ALLEVIATING THE POWER OF SECRET EVIDENCE: AN ANALYSIS OF NO FLY AND SELECTEE LIST DETERMINATIONS AND REDRESS PROCEEDINGS* I. INTRODUCTION The use of watch lists by national governments is not a new phenomenon.' Watch lists serve a critical role in a government's ability to protect against potential threats to its citizens and institutions.2 However, watch lists run the risk of being overinclusive; that is, including innocent individuals who did not belong on the list in the first place.3 One of the most striking examples of such lists in U.S. history was the Subversive Activities Control Act (also known as the McCarran Act),4 which was used to target suspected members of the Communist party or its sympathizers during the 1950s.5 In the 1980s, the United States once again turned to watch lists as a means of combatting the evolving threat of terrorism.6 Some notable watch lists are the No Fly List (banning certain individuals from any type of air travel)7 and the Selectee List (subjecting select individuals to enhanced screening whenever they * Matthew Howell, J.D., Temple University Beasley School of Law, 2018. Thanks to all who were of tremendous help in the drafting and editing of this Comment, including Sam Lapin and Mayer Kohn. A special thanks to Professor Jane Baron, whose advice and suggestions were critically important to the formation of this Comment. 1. See infra Part IIA-B for a discussion of the McCarran Act's authorizations for watchlists in the 1980s and how such authorizations served as a precursor to the No Fly List that was initially created in the 1980s. 2. See Justin Florence, Note, Making the No Fly List Fly: A Due Process Model for Terrorist Watchlists, 115 YALE L.J. 2148, 2152 (2006) (Today's transportation watchlist system, had it been in place at the time, might have prevented the 9/11 attacks. Watchlists not only provide an effective layer of security, but are also relatively cheap, efficient, and noninvasive.. .. Watchlists are becoming more effective as technological and policy innovations make the lists more difficult to evade. (footnote omitted)). 3. See AM. CIVIL LIBERTIES UNION, U.S. GOVERNMENT WATCHLISTING: UNFAIR PROCESS AND DEVASTATING CONSEQUENCES 1-2 (2014); see also Eric Hedlund, Comment, Good Intentions, Bad Results, and Ineffective Redress: The Story of the No Fly and Selectee Lists and a Suggestion for Change, 79 J. AIR L. & COM. 597, 612 (2014) (discussing that the watch list procedures focus more on placing individuals on watch lists rather than removing any innocent persons discovered). 4. Subversive Activities Control (McCarran) Act of 1950, Pub. L. No. 831, 64 Stat. 987, repealed in part by FRIENDSHIP Act, Pub. L. No. 103-199, § 803,107 Stat. 2317, 2329 (1993). 5. See id. at § 4(c). 6. 49 U.S.C. § 114(h) (2012) (granting Transportation Security Administration (TSA) the authority to collect information for security purposes); see Florence, supra note 2, at 2153 (noting that the No Fly List was originally created in the 1980s but only had sixteen names prior to the September 11, 2001 (9/11) attacks). 7. See Florence, supra note 2, at 2153. The TSA originally had control over the No Fly and Selectee Lists, but this was later changed following 9/11. See id. See infra Part II.B for a discussion of the creation of the No Fly and Selectee Lists and their developments over time. 1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most