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 3:36:46 PM
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
8/3/2012 12:47:08 PM
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.
"Nowadays you can buy a CPU cheaper than the CPU fan." -- Unnamed AMD executive
Report: Ford's Best-Selling F-150 to Lose 700 lbs to Meet EPA Fuel Standards
July 27, 2012, 8:34 AM
Security Theater: Engineer Shows TSA Nude Scanners are Useless, Sues TSA
March 7, 2012, 1:08 PM
TSA Worker Assaults Boss After Body Scanner Reveals Genitalia
May 7, 2010, 1:50 PM
DHS Begins Mass Rollout of Airport Scanners Despite Health, Privacy Risks
March 8, 2010, 10:30 AM
Britain Embraces Controversial Scanners, Implements "No Scan, No Fly" Policy
February 2, 2010, 10:01 AM
Creationists are Mad About Google Doodle Depicting Evolution
November 24, 2015, 8:48 PM
DHS and TSA: Whoops, We Missed That 73 Airport Employees May be Terrorists
November 19, 2015, 2:16 PM
Star Wars Spinoff Film "Rogue One", Theme Park Attractions Announced
August 17, 2015, 12:20 PM
SpaceX Falcon 9's Seventh Supply Mission to ISS Ends w/ Fiery Stage 1 Explosion
June 28, 2015, 1:10 PM
Cool Science Video: Glowing Millipede Prowls the Nevada Desert
May 18, 2015, 12:00 PM
Newly Discovered Costa Rican Glass Frog is Kermit's Doppelgänger
April 22, 2015, 11:26 AM
Latest Blog Posts
Sceptre Airs 27", 120 Hz. 1080p Monitor/HDTV w/ 5 ms Response Time for $220
Dec 3, 2014, 10:32 PM
Costco Gives Employees Thanksgiving Off; Wal-Mart Leads "Black Thursday" Charge
Oct 29, 2014, 9:57 PM
"Bear Selfies" Fad Could Turn Deadly, Warn Nevada Wildlife Officials
Oct 28, 2014, 12:00 PM
The Surface Mini That Was Never Released Gets "Hands On" Treatment
Sep 26, 2014, 8:22 AM
ISIS Imposes Ban on Teaching Evolution in Iraq
Sep 17, 2014, 5:22 PM
More Blog Posts
Copyright 2016 DailyTech LLC. -
Terms, Conditions & Privacy Information