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[IP] more on NYC to search transit riders' bags -- but ... ???





Begin forwarded message:

From: Jonathan Weinberg <weinberg@xxxxxxxxxxxxx>
Date: July 25, 2005 11:32:06 AM EDT
To: dave@xxxxxxxxxx, Ip ip <ip@xxxxxxxxxxxxxx>
Cc: btm@xxxxxxxxxxxxxx
Subject: Re: [IP] more on NYC to search transit riders' bags -- but ...


At 07:16 PM 7/24/2005 -0400, David Farber wrote:

Begin forwarded message:
From: Brad Templeton <btm@xxxxxxxxxxxxxx>
Date: July 24, 2005 5:08:38 PM EDT
To: David Farber <dave@xxxxxxxxxx>
Cc: Rick.Adams@xxxxxxxxx
Subject: Re: [IP] more on NYC to search transit riders' bags -- but ...

Random or selected searches are not really a means of catching
attacks.   They are a deterrent, or a means of increasing the
cost of attacks.  If the attackers fear being caught, the random
search (or even the selected search they haven't figured a way around)
in theory should deter them from attacking at all -- if their view of
the risk of capture is high enough.

If they are suicide attackers, they don't so much fear getting caught
and punished as they fear wasting themselves/being wasted and attaining
nothing.   One severeley hopes that suicide attackers are a scarce
resource for the terrorists(*).   Random searches may convince them
to use those resources elsewhere -- which is about the most anybody
can do.



So how should we evaluate a system like New York's, which employs random searches, but also gives each person the option of withdrawing and avoiding search, so that no attacker need ever fear being caught?

Jon


Jonathan Weinberg
Professor of Law, Wayne State University
weinberg@xxxxxxxxx




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