The original site with the documents in question: http://www.tsa.gov/public/theme_home6.jsp For ease of downloading, I've placed them in a .tar.gz file here: http://www.politechbot.com/docs/tsa.security.docs.121402.tar.gz -Declan ----- Forwarded message from "Major Variola (ret)" ----- From: "Major Variola (ret)" Subject: [Gilmore, TSA, DoJ] Law Enforcement Agreement with Passenger Airports (Password Protected Word Docs) Date: Fri, 13 Dec 2002 14:09:43 -0800 X-Mailer: Mozilla 4.5 [en] (WinNT; U) MSWord password protection is undoubtably lame. Anyone care to run a cracker on these TSA LEO files? http://129.33.119.130/public/theme_home6.jsp General Information This section features information pertaining to security and law enforcement operations that is suitable for public distribution. Law Enforcement Agreement with Passenger Airports Frequently Asked Questions (FAQs) - Open This First! (Password Protected Word 59KB) New Memorandum of Agreement (MOA) for Reimbursement (Password Protected Word 504KB) Instructions For Filling Out the MOA (Word 42KB) (Password Protected Word 42KB) Liability Information Sheet (Password Protected) Instructions for Billing TSA Under Local Law Enforcement MOAs/OTAs (Word 31KB) Security Technology Deployment Office (STDO) FSD Contact List (Excel 78KB) (docs are at URL http://129.33.119.130/public/interweb/assetlibrary/LEO_FAQ.doc etc.) The files seem to be Word 9.0 and contain the following plaintext (probably author): Todd Watanabe Amusingly, the Liability doc is *not* encrypted, and contains the largely boring: Transportation Security Administration (TSA) Agency Position on the Issue of Liability in Context of the Memoranda of Agreement to reimburse for Local Law Enforcement presence: Except as provided below, TSA and Local law enforcement agencies will be responsible for the negligent or wrongful acts or omissions of their respective employees. Legal representation by the United States is determined by the United States Department of Justice (USDOJ) on a case-by-case basis. TSA cannot guarantee that the United States will provide legal representation to any Federal, State, or local law enforcement officer. Under the Federal Tort Claims Act (FTCA), 28 U.S.C. '' 1346(b), 2671-2680, the exclusive remedy for the negligent or wrongful act or omission of an employee of the United States, acting within the scope of his or her employment, is an action against the United States. A State or local officer who has been deputized as a United States Marshal, or is acting under the direct supervision or control of a Federal officer, may be considered an employee of the United States if USDOJ certifies that the individual defendant was acting within the scope of his or her employment at the time of the incident giving rise to the suit. The United States can then be substituted for the employee as the sole defendant with respect to any tort claims, and the individual employee is thereby protected from suits in his official capacity. Deputization by the U.S. Marshal Service cannot be accomplished unilaterally by a local law enforcement authority. State or local agencies that wish to have their officers deputized for purposes of working with TSA must apply through TSA. For more information, please contact Joseph J. DePalma, at (202)-493-1289. NOTE: This number should not be used if you are interested in employment as a LEO. Please note that the question of whether a state or local officer has acted within the scope of federal employment is a factual issue that must be determined on a case-by-case basis. If USDOJ declines to certify that the individual defendant was acting within the scope of federal employment, the officer may petition to the court to find that he or she was so acting. 28 U.S.C. ' 2679(d)(3). Otherwise, it is expected that the individuals employing State or local agency will, in its discretion, assert such defenses as may be available under applicable State law. If an officer or agent undertakes any negligent or willful acts outside the terms of the agreement between the TSA and the local agency, liability for those acts will be the sole responsibility of the agent or officer and agency involved. A Federal officer or employee who engages in violations of Federal constitutional law may be personally liable under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971). A State or local officer or agent who engages in such violations may be individually liable under 42 U.S.C. ' 1983. Agents or officers may request representation by USDOJ for civil suits against them in their individual capacities for actions taken within the scope of employment and under the terms of an agreement with TSA. The determination whether to grant representation will be made by USDOJ in accordance with 28 C.F.R. ' 50.15. All requests for representation by USDOJ must be coordinated through TSAs Office of Chief Counsel. For more information, please contact Christian Jordan or Gregg Golden in the TSA Chief Counsels office at: (202) 493-1217. ----- End forwarded message ----- ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ Declan McCullagh's photographs are at http://www.mccullagh.org/ ------------------------------------------------------------------------- Like Politech? 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