Border State Pilots Beware? eAPIS it's Restricting Freedom Of Travel

[Contract_Pilot]

Seems no one is covering this... in mainstream media!

Everyone Look at eAPIS it's Restricting Freedom Of Travel, And Loss of 4th Amendment Rights,

How does it feel knowing that Cuba and North Korea are the other two countries that require permission of their citizens to leave? America has lost its right to travel freely about but it is not getting any news.

The governments Electronic Advance Passenger Information System, or eAPIS https://eapis.cbp.dhs.gov

What the goverment is doing with this info from Baja Bush Pilots, http://www.bajabushpilots.com/pdf/Letter,%20Hoffman.pdf

The governments "official" answer about eAPIS is that it's to make sure those on the international "no-fly" list aren't flying in or out of the USA on noncommercial flights because they can't get on commercial flights. And how effective is this?

Do they think really think people doing criminal activities are going to really fill out the eAPIS?

Oh!! We wouldn't want someone we deem "too dangerous to fly" to leave the country, keeping them here is obviously the smarter strategy?

If it goes any further we will be required to get permission to go from state to state!

I am not from NH but have been there many times nice state. 

[Keyser Soce]

Thanks for posting.

[KBCraig]

Thanks.

The very idea of "felony stop" tactics for a "routine check" should be terrifying. This is no different from going out to check your mail, and being proned out with your hands on your head, while they make sure you've paid your property taxes.

I shared the article with a couple of friends who are international pilots (one charter, one freight), and posted it to Facebook as well.

[Contract_Pilot]

Thanks for sharing.. This is bad right now I have a friend that is a ferry pilot like myself and he is now being declined exit of the united states. He cannot afford to fight it and now will not be able to work at his trade. Kinda scary that this is what America has come to.

Here is the user agreement after login

End User Terms and Conditions

TERMS AND CONDITIONS
PLEASE READ THIS BEFORE ACCESSING THE eAPIS SITE. BY ACCESSING U.S. CUSTOMS AND BORDER PROTECTION'S eAPIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE eAPIS SITE.

1. All persons using eAPIS agree to report Advance Passenger Information (manifests) in accordance with 49 U.S.C. section 44909(c), 19 C.F.R. Part 122, 8 U.S.C. section 1221, and 8 C.F.R. Parts 217, 231, and 251.

2. For private aviation submissions, users must be private aircraft pilots or their designees. For commercial aviation submissions, users must be affiliated with an approved Carrier and authorized by the carrier to make such submission.  A private aircraft pilot or Carrier choosing to use the services of such User, whether a private person, a Carrier employee or a third-party Vendor, is specifically aware that the private aircraft pilot or Carrier is liable for all actions or inaction of the User responsible for transmitting data through eAPIS on behalf of such private aircraft pilot or Carrier.  RELIANCE ON A REGISTERED eAPIS USER IS NOT A DEFENSE FOR INCORRECT, INCOMPLETE, INACCURATE OR LATE DATA OR PENALTY ACTIONS AGAINST THE PRIVATE AIRCRAFT PILOT OR CARRIER.

3. Eligibility for use of and access to eAPIS is subject to final approval and acceptance by CBP.

4. All Users must properly register with this site, obtain a personal Sender ID, and create a unique password.  All information provided must be true, accurate, current, and complete.  By registering with eAPIS, the User hereby certifies that the User is in compliance with all applicable laws and regulations.  This includes complying with the following security conditions and requirements:
a. Sender IDs and passwords must be protected from disclosure.
b. The User is fully responsible for maintaining the confidentiality of his/her Sender ID and password.  The User is fully responsible for all activities that occur under his/her Sender ID, password, or account.
c. The User agrees to immediately notify CBP of any unauthorized use of his/her Sender ID, password, or account or any other breach of security of which the User is aware.
d. The User agrees to properly close out (logoff) of his/her eAPIS account at the end of each session.
e. CBP ASSUMES NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM THE USER'S FAILURE TO COMPLY WITH THESE CONDITIONS AND REQUIREMENTS.

5. Each time an approved User successfully logs onto the eAPIS system, the User will be required to review and "Agree" to the site's Terms and Conditions.  If the User "Disagrees" with the Terms and Conditions of the site, access will be denied for that visit.

6. CBP has the right, without limitation, to suspend or terminate any eAPIS account and to refuse any and all current or future use by a User of the site or any portion thereof.

7. Limits on reporting through eAPIS: No more than 50 traveler records per session can be reported. No more than 999 lines per shipment can be reported via batch-mode.

 
         
8. Users wishing to upload information to the eAPIS site agree to conform with all naming, file, and other requirements as set forth on the eAPIS site. 
         
9. Each submission, whether by keyed entry or upload, will return a confirmation number.  This number does not represent compliance with the law, nor does it address the accuracy, completeness, or validity of the information transmitted.  The confirmation number simply means CBP has received a submission from the User.  PENALTIES MAY BE ASSESSED AT ANY TIME FOR FAILURE TO COMPLY WITH LEGAL REQUIREMENTS.

10. All Users must properly exit the system by correctly logging out. Exiting the system improperly may cause delay in the User's attempt to access the program for a period of time thereafter. 

11. Users are advised that an automatic inactivity logout of their Sender ID will take place after a period of inactivity in the system.  After an improper exit of the system (logoff), the User may experience delay in attempting to access the program for a period of time after such logout.

12. Users agree to accept unsolicited emails from CBP with regard to the eAPIS program, whether or not having to do with a specific account. Such emails may include customer satisfaction surveys and informational broadcast messages. CBP will not release or use your email address for purposes other than those associated with the eAPIS program.

13. Use of the eAPIS system does not constitute compliance with the law.  Private aircraft pilots and Carriers are responsible for ensuring compliance.

14. Commercial Carrier Performance Reports will be accessible only to individuals specified by the Carrier, as detailed in the eAPIS commercial training materials.  Information in these reports is subject to the Trade Secrets Act, 18 U.S.C. section 1905, and is not for public disclosure.   

15. Every effort is made to provide complete and accurate information in a Commercial Carrier Performance Report.  The Report function may not include realtime statistics.  REPORTS ARE SUBJECT TO LATER VALIDATION AND MAY NOT BE RELIED ON IN DEFENSE OF PENALTIES.

16. CBP assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any User communications.  All private aircraft pilots and Carriers are required to comply with the law and are subject to penalties for failure to do so.

 
         
17. CBP MAKES NO REPRESENTATIONS, WARRANTIES, OR ASSURANCES AS TO THE AVAILABILITY OF THE SITE.  All private aircraft pilots and Carriers are required to comply with the law and are subject to penalties for failure to do so.  Denial of access to the eAPIS site for any reason, including denial of a User, inactivity logout time, or system performance, will not be considered a defense for failure to submit manifest information in accordance with the law.

18. CBP reserves the right to modify, suspend, or discontinue, temporarily or permanently, the site (or any part thereof) for any reason and without notice.  CBP is not liable for any damages that may be caused by any modification, suspension, or discontinuance of this site.  The information and material herein are subject to change. 

19. The filing of a manifest by a User on behalf of a private aircraft pilot or Carrier constitutes a representation by the private aircraft pilot or Carrier that all statements and information are accurate, complete, valid, and otherwise in accordance with U.S. law.
      
20. To knowingly make false or misleading statements relating to manifest information is a criminal offense subject to penalties as provided for in 18 U.S.C. section 1001.

21. Violations of the Advance Passenger Information System (APIS) regulations, including failure to submit full and accurate information as required by law, are subject to civil penalties as authorized by 19 U.S.C. section 1436, 19 U.S.C. 1644a, 19 C.F.R. Part 122, and 8 U.S.C. section 1224.

22. The manifest information reported through eAPIS is confidential for use solely for official purposes authorized by the Secretary of Homeland Security.  Manifest information is subject to the Privacy Act of 1974, 5 U.S.C. section 552a.  Such information may be shared with other Federal, state, local, and foreign law enforcement agencies as permitted by law.

23. NO PRIVATE RIGHT CREATED.   This site is provided by CBP for the convenience of private aircraft pilots and Carriers and their Users.  It does not confer nor create any rights, privileges, or benefits for any person or party.

24.  Antivirus software is highly recommended to be installed and set to run automatically on all computers used to access eAPIS systems.  It is also recommended that eAPIS Users maintain a subscription with an antivirus software vendor to keep antivirus lists current. Users are responsible for eliminating any virus contamination from data submissions and if a User is unable to disinfect the system for any reason, that system is not to be utilized for eAPIS access until it is virus free. Please contact the antivirus software vendor for instruction. Should a virus be instituted into the eAPIS system by a User, that User will be contacted immediately by CBP. The User's eAPIS account will be suspended until such time the eAPIS system is analyzed by eAPIS systems administrators and CBP security personnel to determine the extent of any related damage.   

[Contract_Pilot]

Here is a pod cast interview of pilot held at gun point in the random check..

http://www.avweb.com/podcast/podcast/AudioPodcast_DavidPerry_CustomsBorderPatrol_CheckScare_200520-1.html?kw=RelatedStory

Baja Bush Pilots, a group representing pilots who frequently fly to Mexico, is polling members to see if any have had an encounter with Customs and Border Protection agents similar to the experience of Long Beach, Calif. pilot David Perry and his three passengers a couple of weeks ago. In a podcast interview with AVweb, Perry says he was going through his pre-start checklist for a flight to Loreto, Mexico on May 22 when his Cessna 210 was suddenly surrounded by yelling CBP agents and local airport police, weapons drawn (the Customs agents had M-16s) who ordered them out of the airplane. "They were yelling at us to put our hands on our heads," said Perry, a retired military officer who said he makes frequent flights to his second home in Loreto. What followed was almost an hour of interrogation and searches for what was apparently a "random check" according to the senior agent in charge of the operation Perry said. "I couldn't believe I was in the United States," Perry said. AVweb contacted the Los Angeles field office of Customs and Border Protection and a spokeswoman said a statement is being prepared but would not be available before our publication deadline. AVweb will carry a follow-up story on the CBP's take on the incident as soon as the statement is transmitted.

Perry said he's since heard from another pilot who told him armed CBP agents in cars and a helicopter surrounded his aircraft on arrival at Long Beach on a flight from Texas. Perry said he's not opposed to security checks but he considered the agents unnecessarily threatening and aggressive for a random check. He also said the drawn weapons, besides terrifying him and his passengers, needlessly put them at risk. After the incident, he was cleared to resume the flight. It seems likely the agents knew when to intercept the flight based on the Electronic Advance Passenger Information System (eAPIS) which, under recently adopted regulations, requires pilots of all cross-border flights to provide detailed information on the flight and the identities of passengers.