One long-term goal of the War on (Some) Terrorists is to create a "lifetime travel history" of all U.S. citizens and visitors to the United States.
A critical component of the lifetime travel history is now in place: the Department of Homeland Security's "Border Crossing Information System" (BCIS). This database will collect information on all U.S. citizens crossing a U.S. border by land. It co-exists with existing databases that track U.S. citizens' air travel, and for foreigners entering the United States. Operating together, these databases create a blueprint for a lifetime travel history for anyone crossing a U.S. border.
Naturally, the DHS may share data in the BCIS with federal, state, local, tribal, or foreign governments. And, although the BCIS is purportedly an anti-terrorist initiative, the DHS may release data to help enforce any civil or criminal law or regulation. It can even share data with the news media, "when there exists a legitimate public interest in the disclosure of the information."
And of course, the entire system will be exempt from the Privacy Act. That law would otherwise give you the right to know which law enforcement or intelligence agencies has reviewed your records, along with the right to correct errors or omissions in the database.
Instead of known or suspected terrorists, the government is tracking everyone who crosses a U.S. border. And since there are no limits to how the government uses the data collected, the BCIS is almost certain to be used for politically motivated surveillance.
That's particularly true with the new U.S. passports equipped with RFID chips. The chips will eventually contain the final component of a lifetime travel history: a record not only of U.S. border crossings, but also of border crossings in other countries. That feature soon will be added to the RFID chip in U.S. passports, according to standards issued by the International Civil Aviation Organization (ICAO). The ICAO's technical standards for RFID chips in passports specifically reserve memory space for creating a log of border crossings or other situations in which the chip is queried.
The potential for abuse is obvious. Imagine that such a system existed now, and the DHS were to release data "in the public interest" that a leading presidential candidate had made previously undisclosed visits to Iran, North Korea, or Cuba. Not to mention the sort of interrogations that would accompany visits to countries with reputations as tax havens, or that otherwise are "controversial."
Once this system is up and running, if you value your travel privacy, you won't want to use a U.S. passport when you travel internationally. If you're a U.S. citizen, you must use your U.S. passport when you enter or leave the United States, but you're under no such obligation when you enter or leave other countries.
Fortunately, it's still perfectly legal for U.S. citizens (and almost anyone else) to obtain a second passport. The easiest way to qualify for one is based on your marital status, religion, or ancestry.
A handful of countries also offer "instant" citizenship and passport in return for an economic contribution. Dominica, St. Kitts/Nevis, and Austria are the only countries with such programs. In all three countries, you must pass a strict vetting process that includes a comprehensive criminal background check.
For more information on how to obtain a second passport—and preserve your right to travel privately—see http://nestmann.com/passport.html.
Copyright © 2008 by Mark Nestmann
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