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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 Ringold on 8/2/2012 2:20:15 PM , Rating: 0
"1. Start profiling, it's politically incorrect but it will target the people that are more likely to cause incidents or acts of terrorism." That doesnt work. The minute they are aware we arent looking at everyone for everything , then a John Walker type that isnt the stereotype will be the one called on to do the deed.

Israel disagrees with you. The fact they haven't had a hijacking in the recent past despite being the most despised nation on the planet, and not just despised by meek European wimps but by people willing and eager to blow themselves up to strike at them, suggests that you're 100% wrong, given that their system is intelligence + profiling as described by the OP.

Then the FBI, CIA or NSA will have to deal with the same sisues as the TSA faces. You cant find every nutcase via links to terrorists, gangs, or histories of violence. There are new young people joining the nutbags every day.

Also a misrepresentation of history. (What is it with liberals and blinders on with regards to history?) Various agencies were aware of the 9-11 plotters well before their attack, they simply failed to do their job and connect the dots, even with information within their own agencies. I'm just a right-wing nutjob apparently for thinking that calls for a minor correction of existing institutions, not the creation of a new behemoth.

RE: The TSA is useless
By foolsgambit11 on 8/2/2012 3:36:46 PM , Rating: 2
When I flew out of Tel Aviv (granted, this was during the second Intifada), every single passenger had to strip down to their underwear, and get the fingers inside my waistband treatment. Luggage was fully searched by hand, and I had my hair trimmer confiscated and fully disassembled (it never worked right after that). I was a clean-cut white boy. Maybe they do it by profiling now, but they will also do intensive security screens of every passenger on every plane, depending on the threat level.

And they still won't allow an average citizen to carry a gun on a flight, because it's an asinine idea.

RE: The TSA is useless
By Ringold on 8/3/2012 12:47:08 PM , Rating: 2
I think you nailed it by pointing out it was during the second intifada. The media occasionally, usually during election years, has some of their top security folks over for interviews, where they preach the gospel of profiling + strong intelligence being the primary ways they secure their airports .. and country.

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