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section heading icon     travel surveillance

This page considers databases, networks and legal frameworks for the surveillance of domestic and international travellers, such as the Secure Flight scheme and ANPR.

It covers -

section marker icon     introduction

One aspect of the 'digital revolution' has been a substantial increase in the capacity of governments to monitor travel by their nationals and foreigners, in particular travel across borders and using commercial airlines.

In contrast to past regimes, which were predicated on official authorisation to move between jurisdictions and on registration of the traveler's presence (whether by a bureaucrat or by an agent such as an innkeeper), much of that monitoring is 'non-invasive'. It relies on government agencies accessing information held on private sector databases (eg the computerised reservation systems noted on the preceding page of this note) and information extracted from travellers as the price of passage (eg drawn by migration officers from their passports or from passenger manifests and flight cards).

Readers of Victorian and Edwardian fiction will be aware that it was possible to thwart pre-1914 monitoring schemes through ingenuity, adoption of false moustaches or other disguises and provision of bogus personal particulars - whether for a romantic assignation in a railway hotel or to evade the attention of the Okhrana and Sureté.

Undermining those schemes was possible because of

  • delays in collecting, transmitting and collating information
  • problems in interpreting information
  • the absence of effective personal identification documentation.

As we enter the age of biometrics unique identification should, in principle, be more achievable and the mining of travel information from comprehensive CRS and payment systems should enable what one enthusiast characterises as 'surveillance at a distance', detecting malefactors while freeing the innocent traveller from the whiff of garlic as an official or hotel clerk peers over his/her shoulder.

In practice some claims for 'total information awareness' seem fantastic, given theft or corruption of official documentation, problems with the disambiguation of information, concerns about privacy principles and administration, the very patchy nature of data sources and difficulties with integration of systems across jurisdictions and agencies. Some criminals - or would-be criminals - are for example in possession of legitimate identity documents. Monitoring travel payments tracks payments; in an environment of credit card fraud that is not necessarily the same as tracking people.

section marker icon     paper walls, princes and policemen

Well into the industrial era, most law enforcement was local. Government officials concentrated their identity verification and data collection at the ward/suburb, city and provincial level rather than building effective national databases. Their activity involved co-opting the private sector, with an emphasis on residence rather than comprehensive surveillance of what tickets were being sold and who was on a particular vessel or train.

That emphasis included requirement that foreign travellers display passports or other identity papers to the hotelier (signing a hotel register, which in some instances was periodically inspected by an official). Some regimes additionally required foreigners and nationals to register their presence with a local/provincial government agency.

Economic growth after 1945, globalisation, technological advances such as the jumbo jet and market developments such as Laker's transatlantic budget Skytrain resulted in a second age of mass tourism and business travel. The World Tourism Organisation notes that the number of international tourist arrivals rose from 25 million in 1950 to over 700 million in 2002, with over half of the destinations being in Europe.

section marker icon     legal frameworks and human rights

International legal frameworks regarding travel have attempted, with varying success, to accommodate sometimes conflicting demands regarding human rights, commerce and the integrity of the nation state.

Agreements under the auspices of the League of Nations and its successor the United Nations have accordingly emphasised freedom of residence, freedom of movement and freedom of non-interference ('the right to be left alone') as human rights. Acceptance of those rights - and articulation of exceptions - in bills of rights, case law, statute law and administrative practice has varied.

Nations have exercised the capacity to administer their own travel regimes, including

  • cancellation or denial of passports to criminals, bankrupts and perceived subversives (eg Paul Robeson in the US)
  • denial of entry visas and residence documentation to disturbers of the peace (eg Egon Kisch in Australia during the 1930s and David Irving in the 1990s)
  • 'internal exile' schemes, with dissidents (and some nationalities) in the Soviet Union being sent to particular locations in the East, an echo of the Tsarist Pale restricting Russian and Polish Jews
  • 'house arrest' schemes, with dissidents such as Sally Aung San Suu Kyi in Burma being restricted to a particular building or suburb
  • restrictions on the entry of those fleeing political, ethnic, cultural or religious persecution, those who have been expelled and those who have been displaced by war or other calamities
  • restrictions on the entry of 'economic refugees', with denial of access or internment while claims for refugee status are determined.

There is substantial variation in responses to those regimes and in their active enforcement. Belgium for example mandates all adult nationals carrying identity papers but in practice there is little checking except when the bearer engages in a transaction.

In Australia all states/territories mandate carrying of driver licences while driving a vehicle, with display of that document when requested by law enforcement personnel. Most Australian hotels require display of a driver's licence (or of a passport, as a substitute for the de facto national identity document) when registering for accommodation. As we discuss in the following page of this note that information however is not systematically provided to authorities; it provides the basis for action if there is a payment default or the room is damaged.

One of the foundation myths of the US is that of the moving frontier, with the intrepid, independent - or merely indebted - traveller leaving the constraints of 'civilisation' in search of freedom and opportunity away from the big cities. That myth emphasises the anonymity of travellers and freedom from government interference.

It has been reflected in disagreement since 2001 about the appropriateness of passengers presenting identification to use US domestic commercial airlines. In Australia that requirement has been largely unremarked since at least the 1980s, with commercial airlines now enforcing a 'no fly without photo ID' policy. (The cursory nature of inspection in detecting falsified documents means that its effectiveness is uncertain.) In the US the Supreme Court ruled in Gilmore v Ashcroft that the federal government could mandate provision of ID for domestic flights. In both countries there is no corresponding requirement for travel by rail or road.

section marker icon     locational privacy and commuter travel

Much of the advocacy literature about travel surveillance has focussed on international and domestic travel via commercial airlines, rather than by ship, rail, bus or car.

That reflects government concentration on air travel after '9/11' - aircraft as mechanisms of destruction and as vehicles for delivering terrorists - and perceptions that it is easier to capture and integrate data about flyers than about people using different modes of transport.

However, it is useful to recognise that there is scope for tracking terrestrial travel, including short-range commuter travel. We have highlighted some locational privacy issues and resources here.

They include -

  • use of closed circuit television (cctv) monitoring in public places such as streets and in spaces such as shopping malls that some people consider to be public
  • RFID-based transit management systems that identify vehicles (eg cars and trucks equipped with e-tag tollway payment systems) and individuals (eg smartcards used in some rail, bus and ferry commuter networks)
  • GPS schemes for tracking vehicles or high-value freight consignments
  • automated number plate recognition (ANPR) - fixed and handheld imaging systems that recognise vehicle registration numbers and are linked to traffic violation and other databases
  • use/misuse of electronic ticketing systems such as the Oyster cards used in major public transport networks
  • bracelet/anklet systems for locating refugees and criminals

In discussing security and surveillance we have suggested that seamless Enemy of the State style surveillance is not yet feasible and is unlikely to be in the future, other than in exceptional circumstances. Use/abuse of more limited surveillance schemes does, however, pose issues for policymakers, advocates, solution vendors and ordinary citizens.





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version of May 2006
© Bruce Arnold
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