SCENARIO 4:

Expands the ending of scenario 3. In this scenario the FBI passes the data to the US Marshals; the US Marshals ask their lawyer - the US Attorney -- to obtain an arrest warrent; a warrant is obtained from a court; and then the "deadbeat dad" is arrested.

This scenario gives us the opportunity expand the number of parties, add to the chain of transfers, track more SORNs and Routine Uses.

For ease of reading, new material is indented.

For file management reasons, the additionally needed SORNs are in separate files.

(In scenario 5, we will alter the scenario to show applying a case -- rather than a statute.)

TRANSACTION DATA:

This transaction log is

from the Transportation Security Administration

which is part of the Department of Homeland Security

which is part of the Executive Branch

which is part of the US Government

TSA receives PNR data

from American Airlines

About John Henry Doe

DOB: 8/24/75

Who traveled on flight

no. 723

from New York (LaGuardia)

to Chicago (O'Hare)

on 6/14/04

This data is automatically

matched against other data

from three sources

the matching ("search") query is looking for

a person named John Henry Doe

with a DOB of 8/24/75

The result of the first match

which was from the Terrorist Screening Database

was the finding of a person named John Henry Doe

no DOB information is included

The result of the second match

which was from the LexisNexis database

was the finding of a person named John Henry Doe

who is associated with the address 123 Main , New York, NY 10044

with a DOB of 8/24/75

The result of the third match

which was from the LexisNexis database

was the finding of a person named John Henry Doe

who is associated with the address 723 High Street, Seattle, WA 98104

with a DOB of 8/24/75.

Because there is a match,

the system displays the information to

Robinson Duckworth

a Criminal Investigator

employed by TSA in Washington, DC

Duckworth concludes

the match raises concern;

John Henry Doe could be "related to terrorism"

The data is sent

on 9/17/05

by Duckworth

to Charles Lutwidge Dodson

a Special Agent

employed by the FBI in New York

because

matching a name from a PNR with a name from TSDB

without any other information

is sufficient evidence

that the person may be associated with terrorism

and

matching a name and DOB from a PNR with a commercial database

is sufficient evidence

that the data may be about the same person

Dodgson

investigates

Doe

Dodgson

checks every system

to which he has access

for information about Doe

New York State's

website for outstanding arrest warrants for unpaid child support

indicates that the

John Henry Doe

who is associated with the address 123 Main , New York, NY 10044

with a DOB of 8/24/75

is the subject of an outstanding child support warrant

Dodgson arrests

John Henry Doe

The information from TSA

and the information from New York State

is sent

by Dodgson

to Matt Dillon

a Deputy Marshal

employed by the US Marshal in New York

because US Marshal's normally handle federal arrests

for this offense

Matt Dillon

creates a document

memorializing his contact with

Anne E. Hannigan

who is employed by

New York State, Division of Child Support Enforcement.

Hannigan

confirmed

that the New York state warrant

was still open.

Hannigan

electronically transmits

an affidavit

to Dillon

confirming that

Doe

is still wanted by the State of New York

for unpaid child support.

Dillon

transfers the information

from Hannigan

to Clarence Darrow

an Assistant United States Attorney

employed by the United States Attorney

in the Southern District of New York

Darrow

electronically files

a request for a warrant

with the United States District Court

in the Southern District of New York

Darrow

receives electronic notice

Judge Joseph Crater

a United States Magistrate

in the Southern District of New York

has issued an arrest warrant.

Darrow

sends an email

to Dillon

attaching a copy of the warrant.

Dillon arrests Doe.

The Rules:

Privacy Act

says

data about a USPerson

can only be used for the purpose for which it was collected.

Privacy Act

says

Agency collecting information (note re: collecting)

must state the purpose for which USPerson data is collected

in a System of Records Notice.

Privacy Act

says

Agency is prohibited

from sharing

USperson data

unless it has published a Routine Use notice stating

which data

it will share

with whom

under what circumstances

"USPerson"

means a system of records

that includes data on

US citizens

or

Legal Permanent Residents.

Department of Homeland Security

published a SORN

including Routine Use notices

on June 22, 2005

at 70 FR 36319

(FR means "Federal Register")

which establishes the following rules:

The Transportation Security Administration

of the Department of Homeland Security

is the owner of

a system of records (SOR)

called Secure Flight Test Records System ("Secure Flight").

Secure Flight

may collect

information about people who:

traveled

within the US

by commercial passenger air

in June 2004

and/or

were in commercial data

secured by a TSA contractor

to compare with the first type of information

and/or

are known or reasonably suspected to be or have been

engaged in conduct constituting, in preparation for, in aid of, or related to terrorism

Secure Flight

may collect

that information

from:

Passenger Name Records (PNRs)

and/or

the Terrorist Screening Center

and/or

commercial data providers

The purpose for which the data is collected is:

to enhance the security of domestic air travel

by identifying passengers who warrant further scrutiny

prior to boarding an aircraft.

Secure Flight

may share the information with:

Federal Bureau of Investigation

where TSA

becomes aware of

information that may be related

to an individual identified in the Terrorist Screening Database

as known or reasonably suspected to be or having been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism.

or

[5 other options:]

[contractors when related to their work]

[federal agency in relation to claims, complaints, & lawsuits]

[National Archives for records management inspections]

[Congressional office in response to inquiry]

[federal party with the authority to conduct audit or oversight]

PNR data is

assumed to be USperson

because it is from flights

that originate

and

terminate

in the US

One federal criminal law

18 usc 228

says that

a child support obligation

may be prosecuted

in a federal court

if

(it is unpaid for more than one year

or

more than $5,000 is owed)

and

(this is evidenced by

a state court order

or

a state administrative order)

and

(the obligor's state of residence

is different from

the obligee's state of residence

or

the obligor travels to a place

different from the obligor's state of residence

for the purpose of avoiding the obligation)