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Court demands to know why TSA is brazenly violating federal laws and its orders

We've covered over the past few years how the U.S. Transportation Safety Agency's "nude" full-body scanners have been used and abused.  The TSA has received sweeping condemnation for the Orwellian scanner program, which many experts say cannot detect dangerous materials as well as metal detectors or traditional search techniques.

A handful of high-profile civil liberties watchdog organizations have targeted the deployment.  Perhaps the most successful was the Electronic Privacy Information Center (EPIC) lawsuit against the TSA.  While EPIC fell short of felling the nude scanners on Constitutional grounds, it did score a victory of sorts when the U.S. Circuit Court of Appeals for the District of Columbia Circuit found the TSA violated a federal transparency law.

The court on July 15, 2011 ordered the TSA "to act properly" and rectify its breach of the Administrative Procedures Act (APA) of 1946, which requires federal programs to hold public hearings.  The TSA held no such hearings with regards to the court scanners, so three judge appellate panel ordered the agency [PDF] to undergo a 90-day public comment period.

Body scanner images
The TSA has defied a court order to hold a public review its "nude" full-body scanners.
[Image Source: TSA]

So what’s problem?  The TSA never complied with the court order.  As of last month, it told Wired in an interview that the hearing and policy review had been shelved until sometime "next year".  The TSA has stated it really doesn't want to hold the public review at all, as it feels it could harm the government's capability to respond to "ever-evolving threats."

That defiant stance landed the TSA back in court this week.  In a short ruling [PDF] the federal court reiterated its demand for hearings, ordering the TSA to respond by Aug. 30.

Jim Harper, the director of information policy studies at the Cato Institute, has an active petition on the new White House petition site rolled out by the Obama administration.  The petition demands the TSA follow the law and hold the public hearings.  The petition has almost 16,500 signatures and only needs about 8,500 more to reach its goal of 25,000.  Under the rules of the petition site, if the additional signature mark is met, President Barack Obama must personally respond.
TSA petition
A petition hopes to get President Obama to force the TSA to follow the law.

It's understandable why the TSA wouldn't want to have to answer tough questions from the public on health risks to frequent fliers and why the TSA was storing nude body scanner images, after it had promised not to.

However, even considering the controversy, it's in the relative minority.  Agencies like the U.S. Environmental Protection Agency have complied with the APA rules, offering public reviews of contentious provisions such as the CAFE (corporate average fuel economy) standards.

Sources: U.S. District Court for D.C. via Wired, Wired

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RE: The TSA is useless
By retrospooty on 8/2/2012 12:43:20 PM , Rating: 1
LOL. ya, nothing can go wrong there. A solid defense plan.

What if there are more than one terrorist? You simply cant have guns on planes, unless it's by trained skilled, law enforcement people like air marshalls, or even military.

RE: The TSA is useless
By Ammohunt on 8/2/2012 2:38:18 PM , Rating: 1
Yeah try the terrorist knows that their will be people armed on said flight so he chooses a flight where he knows people will not be armed based on airline policy. This is already well established fact crime is lower where its widely known that citizens are armed e.g. Cities around Military installations like Colorado Springs, CO vs. say Chicago, IL where firearms are banned.

RE: The TSA is useless
By Jereb on 8/2/2012 5:13:54 PM , Rating: 2
Whats the crime rate in America vs the crime rate in some other country's with stricter gun laws?

RE: The TSA is useless
By Schrag4 on 8/2/2012 5:33:03 PM , Rating: 2
Google found me this in a few seconds:

Also, intentional homocides have been steadily decreasing in the US over the last decade in spite of the fact that gun ownership has increased substantially.

RE: The TSA is useless
By Jereb on 8/2/2012 11:58:23 PM , Rating: 2
Looks like Australia is the place to be aye.

RE: The TSA is useless
By Ammohunt on 8/2/2012 10:52:21 PM , Rating: 2
"This is from the It's a science website." -- Rush Limbaugh

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