TSA Uses EVADE to Skirt Constitution

“Air Marshals should never use social media to surveil people not charged with a crime.”

It is no doubt a huge victory to hear that Department of Homeland Security (DHS) Secretary Krist Noem is “officially ending” the Obama-era Quiet Skies surveillance program. As she states in her X post, Quiet Skies was weaponized against innocent Americans and never once prevented a terrorist attack.

However, another covert TSA surveillance program, known as EVADE, has surfaced—raising serious legal and constitutional alarms over the government’s use of private contractors to monitor U.S. citizens without due process. The Air Marshal National Council (AMNC), a non-profit representing whistleblowers from within the Federal Air Marshal Service (FAMS)—filed a formal complaint, calling for a full investigation into the TSA’s covert EVADE program (Enhanced Vetting and Discovery Element), also known internally as the “Paul Revere” program.

This secretive operation, managed through questionable federal contracts and executed by private contractors, has reportedly been used to surveil U.S. citizens without due process, often targeting them based on constitutionally protected activity.

Whistleblower: EVADE Used to Bypass Due Process

AMNC President Dave Londo shared one FAM whistleblower’s account of how EVADE has allegedly been misused to build watchlist cases under TSA’s “Quiet Skies” program. The whistleblower alleged:

“It was used to try and find people at J6 and then revoke pre-check eligibility, completely skipping due process. And some of these were people suspected of being there, not confirmed to have been there. They used the EVADE program to monitor social media and then cross-reference flight reservations.”

Londo added, “TSA Intelligence and Analysis (I&A) is not covered by Title 49 authority. Air Marshals should never use social media to surveil people not charged with a crime.”

According to Londo, TSA hired private contractors to potentially circumvent federal law by mining social media platforms to identify individuals who attended President Donald Trump’s January 6, 2021, rally or the Capitol Hill protest. Some of those who were surveilled were merely present in Washington, D.C. around that time. These contractors then matched names and images with flight reservation data to identify individuals.

Without formal investigation, due process, or verified wrongdoing, TSA reportedly revoked TSA Pre-Check eligibility and added these individuals to the Quiet Skies and Domestic Terrorist watch lists.”

Londo added, “TSA Intelligence and Analysis (I & A) is not covered by Title 49 authority. Air Marshals are Title 49 within TSA and should never use social media to surveil people not charged with a crime.”

According to Londo, TSA has reportedly hired private contractors to potentially circumvent federal restrictions under Title 49 so it can mine social media platforms to identify individuals who attended President Donald Trump’s rally at the Ellipse on January 6, 2021—or were simply present in Washington, D.C., around that time. These contractors then cross-referenced names and images from social media with flight reservation systems to positively identify individuals. Without any formal investigation or allegation of wrongdoing, TSA revoked these citizens’ TSA Pre-Check clearances and placed them on Quiet Skies or, in some cases, Domestic Terrorist watch lists.

Innocent Americans Targeted

Among those allegedly targeted––the wife of a Federal Air Marshal, a commercial airline pilot, a Department of Homeland Security law enforcement officer, and even former presidential candidate and current Director of National Intelligence, Tulsi Gabbard. Each of them was wrongfully flagged and subjected to surveillance and increased scrutiny, with potential impacts on personal and professional reputations.

Illegality and Misuse of Federal Resources

The actions of TSA’s Intelligence and Analysis division may not only be unethical; they may also be illegal. Under federal law and internal TSA policy, TSA is forbidden from using social media content as the sole basis for placing American citizens on government watch lists. Nevertheless, whistleblowers allege that TSA contractors continue to conduct real-time social media monitoring to this day.

Once flagged, individuals face intensified security measures and scrutiny including: invasive screenings, K-9 units, enhanced pat-downs, and full inflight surveillance by Federal Air Marshals. In many cases, resources that should be allocated to high-risk targets are being diverted to monitor ordinary Americans, many of whom are unaware they’ve been listed.

Opaque Contracting and Limited Oversight

The EVADE program is sustained through federal contracts awarded with limited transparency. Notable among them:

· In November 2024, ECOMPEX, Inc. received a $6.86 million award under the GSA OASIS Small Business vehicle to support EVADE through November 2029.

· Prior to ECOMPEX’s award, Strategic Operational Solutions, Inc. (STOPSO) received a six-month bridge contract to maintain program operations.

· On November 29, 2022, Empower Oversight, on behalf of AMNC, filed a formal complaint with the Department of Homeland Security Office of Inspector General (DHS OIG) detailing abuses including the false labeling of a Federal Air Marshal’s wife as a domestic terrorist.

These contractors reportedly accessed sensitive government databases and the personally identifiable information (PII) of U.S. travelers—raising serious concerns about data handling and oversight.

Apparent Violations of the Privacy Act of 1974

The EVADE program’s structure and implementation appear to directly conflict with provisions of the Privacy Act of 1974, particularly in the following areas:

· Covert collection and maintenance of personal data on U.S. citizens without their knowledge or consent;

· Use of sensitive information by private entities without appropriate legal safeguards;

· Denial of access, correction, or redress mechanisms for affected individuals.

Citizens who have been affected have little to no recourse, and many are not even aware they are being targeted. This is an affront to the principles of due process, transparency, and accountability that are supposed to guide federal agencies.

Given the grave nature of these revelations, the letter states AMNC is requesting the DHS Office of Inspector General and appropriate congressional committees to:

1. Investigate TSA’s EVADE and “Paul Revere” programs in full, including the legal basis, scope of operations, and contractor involvement;

2. Audit all associated contracts, including the $6.86 million award to ECOMPEX and the STOPSO bridge contract;

3. Determine whether any federal laws have been violated, including the Privacy Act of 1974 and constitutional protections under the First, Fourth, and Fifth Amendments.

As public awareness of programs like EVADE and Quiet Skies grows, questions remain about accountability, legality, and whether congressional oversight can rein in domestic surveillance practices that seemingly bypass the Constitution.