TSA Refuses to Hold Public Hearings on Nude Scanners, Court Chimes In
August 2, 2012 10:45 AM
comment(s) - last by
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
. 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.
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
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
[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
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.
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
U.S. District Court for D.C. via Wired
This article is over a month old, voting and posting comments is disabled
RE: The TSA is useless
8/2/2012 2:39:07 PM
"If terrorists are on the plane then every other security measure has failed and the only thing you have left is you and the people around you for defense."
What you keep missing is causaity. As it is now, Terrorists cant get on a plane with a Weapon. If you arm the flight crew, Terrorosts CAN be on a plane with a weapon.
I am not at all against guns, I fully support the right to bear arms. "Guns dont kill people, people do" etc etc... I have no problem with any of that, but not on a plane, simply because it will cause the very problem it is designed to eliminate.
RE: The TSA is useless
8/2/2012 2:49:27 PM
damn, I cant type today... "causality".
RE: The TSA is useless
8/2/2012 11:11:02 PM
If that argument held water gun shows would be the most prevalent terrorist target of all... Think about it, a 1000 people all crammed into the same building tightly grouped around displays, and guns (the root cause of terrorism) everywhere... the perfect terrorist target... except half the people are gun enthusiasts and are probably packing and you would have to defend against an army of armed *gasp* civilians as soon as you tried anything stupid.
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