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WASHINGTON, D.C. –Senator Pat Roberts (R-Kan.) and Sen. Mark Begich (D-Alaska) today led a group of senators in sending a letter to Department of Transportation (DOT) Secretary Ray LaHood opposing a recent proposal by the Federal Aviation Administration (FAA) to eliminate current privacy protections for general aviation pilots, allowing the public to access their aircraft movements in real-time.
“I find it troubling that the Obama administration would associate removing the BARR program with the need for greater transparency,” said Roberts “Transparency has everything to do with citizens being able to see how the government carries out its business, not the other way around,” said Sen. Roberts. “I doubt any Kansan would associate allowing strangers to stalk the movements of private individuals as transparency. Maintaining the BARR program has everything to do with an individual’s Constitutional right to privacy, and I will continue to fight for all private citizens’ right to travel and conduct business without having to worry about who is spying on them.”
“In Alaska, aviation is essential to our way of life, but there’s no reason why a flight to visit a family member or an annual shopping trip needs to be tracked on the internet in real-time,” said Begich. “The current program respects the safety concerns of government agencies while protecting the privacy of pilots, passengers and aircraft owners.”
Roberts and Begich were joined by a bipartisan group of 26 senators, including Sen. Jerry Moran (R-Kan.) who signed the letter asking DOT not to end the Block Aircraft Registration Request (BARR) program before Congress completes its work on the pending FAA Reauthorization bill, where the BARR program is currently being considered.
The BARR program allows citizens and companies to “opt out” of having their aircraft movements tracked by anyone, anywhere in the world, who has an Internet connection, other than the Department of Homeland Security and other law enforcement agencies. BARR simply prevents unauthorized, non-governmental actors from knowing the location of private citizens.
However, if the proposed changes by the FAA are put in place, anyone with a computer and easily accessible tracking technology can stalk general aviation aircraft users. This reversal would dismantle a decade-old policy put in place to uphold the privacy rights of thousands of Americans.
The full text of the letter is below:
Dear Mr. Secretary:
We are concerned about the Federal Aviation Administration’s proposal to allow public access to general aviation aircraft movements. This is a troubling reversal of a decade-old policy put in place to uphold the privacy rights of thousands of Americans.
In light of advances of for-profit flight tracking services, Congress included a provision in the 2000 FAA reauthorization bill enabling the Block Aircraft Registration Request (BARR) program. This program provides owners of general aviation aircraft the ability to prevent the public dissemination of their aircraft movements. For reasons of individual security, privacy, and business competitiveness, this program is essential.
Claims have been made that revocation of this program is needed to promote greater transparency. While all Americans support an open and transparent government process, maintaining the BARR program is about the preservation of personal citizens’ right to privacy and has nothing to do with shedding light on our federal government. Others have also argued that this program enables operators of business aircraft to avoid detection from law enforcement. The Department of Homeland Security and other law enforcement agencies have always had the ability to monitor and track the location of users of the national airspace system, and this won’t change with the continuation of the BARR program. BARR simply prevents unauthorized, non-governmental actors from knowing the location of private citizens.
If the proposed changes are put in place, anyone with a computer and easily accessible tracking technology can cyber-stalk owners or operators of general aviation aircraft. We also are concerned that this decision sets a dangerous precedent for the ability of the government to disseminate the travel information of any citizen, regardless of the mode of transportation.
A wide range of groups have expressed concerns about the FAA’s proposal, including the U.S. Chamber of Commerce, the National Association of Manufacturers, the Business Roundtable, and the American Civil Liberties Union.
Lastly, the issue of the BARR program is currently being debated by the conferees on the FAA Reauthorization bill. It is premature to unilaterally implement a regulation on a legislative issue currently before Congress.
Thank you again for your consideration of this important issue. We look forward to your response, and working with you as we continue to create a regulatory environment for U.S. citizens that affords them the greatest protections under the Constitution.
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