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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 sviola on 8/2/2012 1:30:46 PM , Rating: 2
Even if the guy had a gun, you can only shoot so many people before you're overwhelmed.

They only need too shoot down one person, and all the rest will stay quiet.

You and the OP seem to think the ordinary citizen is brave and have the will and skills to disarm an armed terrorist. Well, living in a city that is among one of the most violent in the world, I can tell you that's not the norm. People will shy in fear and stay put, waiting to be released free of harm. Take for instance bank robberies: how many have you heard of that the average person in line fought back, disarmed the criminals and took care of the situation?

RE: The TSA is useless
By Digimonkey on 8/2/2012 2:10:48 PM , Rating: 2
Yes but if said bank robbers were notorious for blowing up banks along with hostages after the robbery then you have a scenario much like a plane hijacking. The idea is I have a chance if I fight back, if I don't fight back death is almost certain.

RE: The TSA is useless
By bodar on 8/2/2012 3:36:44 PM , Rating: 2
Back when hijackers were most likely trying to redirect the plane to Cuba or something, yes. However, after 9/11, passengers are far more likely to assume that if the terrorists are not stopped, they are going to slam the plane into a building.

Not to mention, some passengers DID fight back on 9/11. Do you seriously not recall this?

RE: The TSA is useless
By JediJeb on 8/2/2012 4:08:50 PM , Rating: 2
Glad someone brought that up! The average citizen doesn't make waves when it could rock their boat, but when the boat is already turning over, they will do whatever is needed to try and stop it.

RE: The TSA is useless
By Manch on 8/2/12, Rating: 0
RE: The TSA is useless
By Reclaimer77 on 8/2/12, Rating: 0
"When an individual makes a copy of a song for himself, I suppose we can say he stole a song." -- Sony BMG attorney Jennifer Pariser

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