TSA: Court Rules Scanner Install Violated Federal Law
D.C. Circuit Court of Appeals makes a ruling against the nudiescanners -- great! -- and then removes the ruling's teeth by saying there's no mandate to change anything at the airports.
Declan McCullough writes at CNET that the TSA failed to follow proper procedures (laws requiring federal agencies to first notify the public and seek comments):
"It is clear that by producing an image of the unclothed passenger, (a full-body) scanner intrudes upon his or her personal privacy in a way a magnetometer does not," wrote Judge Douglas Ginsburg for the three-judge panel.Ginsburg said he would not order TSA to immediately halt the full-body screening--which resulted in a near-revolt by air travelers last fall--but instead instructs "the agency promptly to proceed in a manner consistent with this opinion."
via The Former Banker
Sooooo they basically got away with breaking the law again? Awesome.
Sabrina at July 15, 2011 12:37 PM
Chertoff is making out violating our Fourth Amendment rights:
http://www.youtube.com/watch?v=5e1Z2oiSbsQ
Amy Alkon at July 15, 2011 1:03 PM
Fucking cowards. I hope these judges feel -- and I do mean feel -- the full wrath of the TSA.
Lisa Simeone at July 15, 2011 2:39 PM
Amy, I responded to Vinnie at your post "Make Your Child Pedophile-Ready" -- wish I'd seen it yesterday. He's full of shit. You're full of shit, Vinnie, if you're reading this. God, it's a full-time job keeping up with all the TSA apologist crap that's being spewed all over the place.
Lisa Simeone at July 15, 2011 3:02 PM
On a purely philosophical level, this is a win. The court specifically notes that TSA has failed to comply with notice requirements designed to ensure government transparency.
But this is a big loss for those of us who wanted to expose TSA scanners as security-theater. The Panel specifically held that the scanners are, on balance, a reasonable intrusion in the name of security. From the opinion: "an AIT scanner, unlike a magnetometer, is capable of detecting, and therefore of deterring, attempts to carry aboard airplanes explosives in liquid or powder form." Efficacy proved! I guess.
However, it is important to note that the case only dealt with the privacy issue - namely, the creation of a "nudie" x-ray.
A bigger battle looms for the "enhanced patdowns," since the threat of radiation is really what compels someone to opt for the pat. (Note - I am generally ignoring the concern about naked pictures of passengers being created. Like the court, I tend to agree that the faceless ghost images themselves are not overly-intrusive. More concerned with the radiation/pat-down "choice." YMMV.)
snakeman99 at July 15, 2011 3:30 PM
http://www.myfoxny.com/dpps/news/woman-arrested-for-groping-tsa-agent-07152011_14151365
A woman is facing charges of felony sexual assault for grabbing TSA woman agent's boob...
Sio at July 16, 2011 12:08 AM
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