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26 Wis. Int'l L.J. 551 (2008-2009)
Is International Travel Per Se Suspicion of Terrorism - The Dispute between the United States and European Union over Passenger Name Record Data Transfers

handle is hein.journals/wisint26 and id is 555 raw text is: IS INTERNATIONAL TRAVEL PER SE SUSPICION OF TERRORISM? THE DISPUTE BETWEEN THE UNITED STATES AND EUROPEAN UNION OVER PASSENGER NAME RECORD DATA TRANSFERS D. RICHARD RASMUSSEN* I. INTRODUCTION The right to travel is a part of the liberty of which the citizen cannot be deprived without the due process of law .... Travel abroad, like travel within the country, may be necessary for a livelihood. It may be as close to the heart of the individual as the choice of what he eats, or wears, or reads.' In recent years, we have witnessed the advent of powerful, computer- based recordkeeping systems that facilitate arrests in ways that have never before been possible .... With the benefits of more efficient law enforcement mechanisms comes the burden of corresponding constitutional responsibilities.2 The idea of feeding a limited set of characteristics into a computer, which then somehow divines a person's terrorist leanings, is farcical. Uncovering terrorist plots requires intelligence and investigation, not large-scale processing of everyone.3 In response to the terrorist attacks of September 11, 2001, the United States began assigning a risk assessment rating to all individuals entering or leaving the country.4 This rating is based, in part, on information found in airline passenger name record (PNR) data (e.g., where and how a ticket was purchased and special meal requests) BA, Luther College; MM, University of Colorado; JD, University of Wisconsin. This paper is dedicated to Richard E. Rasmussen, EdD; atque in perpetuum, paterfamilias, ave atque vale. I wish to extend special thanks to Professor Frank Tuerkheimer at the University of Wisconsin Law School; the Keenen Peck Fellowship; and Marc Rotenberg and the entire staff at the Electronic Privacy Information Center. Kent v. Dulles, 357 U.S. 116, 125-26 (1958). 2 Arizona v. Evans, 514 U.S. 1, 17-18 (1995) (O'Connor, J., concurring). Bruce Schneier, They're Watching, FORBES, Jan. 8, 2007, at 32, available at http://www.forbes.com/2007/0108/032.htmal. id.

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