Kind of goes hand in hand with this article.

DHS Passenger Scoring Illegal?

A newly revealed system that has been assigning terrorism scores to Americans traveling into or out of the country for the past five years is not merely invasive, privacy advocates charge, it’s an illegal violation of limits Congress has placed on the Department of Homeland Security for the last three years.

The Identity Project, founded by online rights pioneer John Gilmore, filed official objections (.pdf) to the Automated Targeting System, or ATS, on Monday, calling the program clearly illegal.

The comment cited a little-known provision in the 2007 Homeland Security funding bill prohibiting government agencies from developing algorithms that assign risk scores to travelers not on government watchlists.

“By cloaking this prohibited action in a border issue … the Department of Homeland Security directly and openly contravenes Congress’ clear intent,” wrote project members Edward Hasbrouck and James Harrison.

A DHS spokesman said the language in the appropriations bill doesn’t cover the ATS, and insisted the program is legal.