DHS Passenger Scoring Illegal?

http://www.wired.com/news/technology/0,72250-0.html?tw=wn_index_1

WASHINGTON -- 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 <http://papersplease.org/wp/> , founded by online
rights pioneer John Gilmore, filed official objections
<http://www.regulations.gov/fdmspublic/ContentViewer? 
objectId=09000064801e80
c8&disposition=attachment&contentType=pdf>  (.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.

...