The release by the FBI on Monday of photographs of two men who had been spotted in "suspicious" behavior on state ferry boats comes at a time when authorities are getting increased reports of unusual activity on the nation's largest ferry system.

"Over the last six to eight weeks, there has been an increase in some unusual activity reporting," said Assistant Special Agent in Charge Dave Gomez in Seattle. "What we are seeing are individuals engaging in behavior that citizens deem suspicious."

Asked to specify the behavior, Gomez said: These two men "showed an inordinate interest in the operation of the shipboard systems as opposed to the beautiful scenery passing by." Gomez said he would not be more specific because to do so would alert potential terrorists on how to better mask their intentions.

Earlier in the day, I came across this great post at Dorf on Law ("Drug Courier Profile") noting the chameleon-like abilities of the drug courier:

The winner of my request for the Llewellyn-like opinion about stopping people is smcelhaney, who pointed me to Judge Pratt's dissent in the 2nd Circuit case of United States v. Hooper. Here is what he had to say about the government's reliance on a "drug courier profile" as the basis for stopping people at the airport in Buffalo, New York:

a canvass of numerous cases reveals the drug courier profile's "chameleon-like way of adapting to any particular set of observations." United States v. Sokolow, 831 F.2d 1413, 1418 (9th Cir.1987), rev'd, 490 U.S. 1, 109 S.Ct. 1581, 104 L.Ed.2d 1 (1989):

Arrived late at night United States v. Nurse, 916 F.2d 20, 24 (D.C.Cir.1990).

Arrived early in the morning United States v. Reid, 448 U.S. 438, 441, 100 S.Ct. 2752, 2754, 65 L.Ed.2d 890 (1980); United States v. Millan, 912 F.2d 1014, 1017 (8th Cir.1990).

One of first to deplane United States v. Millan, 912 F.2d at 1015; United States v. Moore, 675 F.2d 802, 803 (6th Cir.1982), cert. denied, 460 U.S. 1068, 103 S.Ct. 1521, 75 L.Ed.2d 945 (1983).

One of last to deplane United States v. Mendenhall, 446 U.S. 544, 547 n. 1, 100 S.Ct. 1870, 1873 n. 1, 64 L.Ed.2d 497 (1980); United States v. Sterling, 909 F.2d 1078, 1079 (7th Cir.1990); United States v. White, 890 F.2d 1413, 1414 (8th Cir.1989), cert. denied, 498 U.S. 825, 111 S.Ct. 77, 112 L.Ed.2d 50 (1990).

Deplaned in the middle United States v. Buenaventura-Ariza, 615 F.2d 29, 31 (2d Cir.1980).

Used a one-way ticket United States v. Johnson, 910 F.2d 1506 (7th Cir.1990), cert. denied, 498 U.S. 1051, 111 S.Ct. 764, 112 L.Ed.2d 783 (1991); United States v. Colyer, 878 F.2d 469, 471 (D.C.Cir.1989); United States v. Sullivan, 625 F.2d 9, 12 (4th Cir.1980).

Used a round-trip ticket United States v. Craemer, 555 F.2d 594, 595 (6th Cir.1977).

Carried brand-new luggage United States v. Taylor, 917 F.2d at 1403; United States v. Sullivan, 625 F.2d at 12.

Carried a small gym bag United States v. Sanford, 658 F.2d 342, 343 (5th Cir.1981), cert. denied, 455 U.S. 991, 102 S.Ct. 1618, 71 L.Ed.2d 852 (1982).

Travelled alone United States v. White, 890 F.2d at 1415; United States v. Smith, 574 F.2d 882, 883 (6th Cir.1978).

Travelled with a companion United States v. Garcia, 905 F.2d 557, 559 (1st Cir.), cert. denied, 498 U.S. 986, 111 S.Ct. 522, 112 L.Ed.2d 533 (1990); United States v. Fry, 622 F.2d 1218, 1219 (5th Cir.1980).

Acted too nervous United States v. Montilla, 928 F.2d 583, 585 (2d Cir.1991); United States v. Cooke, 915 F.2d 250, 251 (6th Cir.1990).

Acted too calm United States v. McKines, 933 F.2d 1412 (8th Cir.1991); United States v. Himmelwright, 551 F.2d 991, 992 (5th Cir.), cert. denied, 434 U.S. 902, 98 S.Ct. 298, 54 L.Ed.2d 189 (1977).

Wore expensive clothing and gold jewelry United States v. Chambers, 918 F.2d 1455, 1462 (9th Cir.1990).

Dressed in black corduroys, white pullover shirt, loafers without socks United States v. McKines, supra.

Dressed in dark slacks, work shirt, and hat United States v. Taylor, 917 F.2d at 1403.

Dressed in brown leather aviator jacket, gold chain, hair down to shoulders United States v. Millan, 912 F.2d at 1015.

Dressed in loose-fitting sweatshirt and denim jacket United States v. Flowers, 909 F.2d 145, 146 (6th Cir.1990).

Walked rapidly through airport United States v. Millan, 912 F.2d at 1017; United States v. Rose, 889 F.2d 1490, 1491 (6th Cir.1989).

Walked aimlessly through airport United States v. Gomez-Norena, 908 F.2d 497, 497 (9th Cir.1990), cert. denied, 498 U.S. 947, 111 S.Ct. 363, 112 L.Ed.2d 326 (1991).

Flew in to Washington National Airport on the LaGuardia Shuttle United States v. Powell, 886 F.2d 81, 82 (4th Cir.1989), cert. denied, 493 U.S. 1084, 110 S.Ct. 1144, 107 L.Ed.2d 1049 (1990).

Had a white handkerchief in his hand United States v. Garcia, 848 F.2d 58, 59 (4th Cir.), cert. denied, 488 U.S. 957, 109 S.Ct. 395, 102 L.Ed.2d 384 (1988).

In our "Looking-Glass" world of drug enforcement, the DEA apparently seeks "to be master" by having "drug courier profile" mean, like a word means to Humpty Dumpty, "just what I choose it to mean--neither more nor less.

Reasonable people can disagree about whether it is appropriate for a newspaper to publish the photos or for the authorities to enlist the help of the media [on second thought, this debate does not sound so reasonable].  But the idea that the FBI could not reveal what was suspicious about their behavior because to do so would allow terrorists to better conceal their surveillence activities strikes me as a stretch.  Almost downright silly.