The Department of Homeland Security is changing its no-fly list update policies. It should. Under the old rules, Faisal Shahzad, the alleged Times Square bomber, was able to board a plane to Dubai on Monday despite the presence of his name on the no-fly list. Agents later determined that he was aboard the flight, however, and stopped the aircraft at the gate and took Mr. Shahzad into custody. It was a close call. So close, in fact, that federal officials quickly and reasonably acted to shorten the time frame in which airlines must check for updates on the always changing no-fly list.
The new rule took effect Wednesday. It requires airlines to check the no-fly list within two hours of being notified electronically of any change or addition to the list. Previously, the carriers had to check for updates within 24 hours of notification. The requirement is not intrusive, time-consuming or costly. Indeed, if airlines follow the new guidelines the value of the list, which already has proved somewhat useful in battling terrorism, should be enhanced.
The no-fly list, in fact, eventually worked in Mr. Shahzad’s case. The problem was that it worked so slowly that the alleged bomber was able to board the Emirate Airline flight even though his name was on the list.
Mr. Shahzad’s name, according to security officials, was added to the no-fly list about 12:30 p.m. Monday. Meanwhile, Mr. Shahzad made a reservation by phone on the way to the airport late that afternoon and paid cash for his ticket at the counter. The airline had not recently refreshed or updated the no-fly list information so Mr. Shahzad’s name did not pop up. It was all perfectly acceptable, according to the 24-hour update policy in place at the time.
Hopefully, there will be no similar event to test the system. If there is, the new rule that requires updating of the no-fly list within two hours of receiving notification that a high-priority name — Mr. Shahzad obviously met that qualification — has been added should help prevent a another near-miss as was the case on Monday.
The capture of Mr. Shahzad won praise from Obama administration officials, from some members of Congress and from the public. All rightfully pointed out that the suspected terrorist was identified, tracked down and taken into custody before he could leave U.S. soil. That, arguably, is efficient police work.
Others, however, demurred. They agreed that the human effort involved in the would-be bomber’s capture was exemplary, but worried if the no-fly rules then in place — especially the 24-hour provision — were useful in a world where and people and events move at high speed.
New York Mayor Michael R. Bloomberg was among those who raised the issue. “Clearly,” he said, “the guy was on the plane and shouldn’t have been. We got lucky.” There is an element of truth in that view.
The new rule requiring airlines to expedite updates to the no-fly list addresses that issue, though it won’t resolve all problems associated with the list and its use. If applied correctly, though, the new regulations should make the list a more effective tool in the on-going battle against terrorism.