watchlisting guidance sets forth inclusion criteria, evidentiary standards, and procedures for placing individuals on no-fly list

by Tim Phillips

The no-fly list, a secondary watch list derived from the main terrorist watch list, is used to prevent people from boarding aircraft. It consisted of 16 names before September 11, 2001. As of early 2012, it included approximately 21,000 names.

The only requirement for labeling someone a terrorist and barring him or her from flying indefinitely is that a federal agent must believe the person poses a ‘threat’ of engaging in terrorism. The definition of terrorism is broad enough to include civil disobedience. According to today’s press release from the Center for Constitutional Rights,

The criteria for placement on the broader terrorist watchlist, which grew by nearly half a million entries in 2013 alone, are even lower. Social media postings, including, presumably, posts to Facebook and Twitter, can apparently by themselves result in placement on a watchlist, as can “travel for no known lawful or legitimate purpose to a locus of terrorist activity” …