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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 CowKing on 8/3/2012 2:10:37 AM , Rating: 2
That's completely inaccurate. You should feel ashamed of what you have just said.

Let's run down what happened at the recent Aurora theater massacre.
1)James Holmes throws tear gas canisters in to the crowded theater.
2)He then proceeds to unload on the crowd.

Now, this all happened within a couple of seconds. Plus some people thought that it was a stunt for the movie. But for the sake of the argument let's put armed citizens into the mix. We have people being shot and killed with loud sounds coming from the speakers, and the discharge of Mr. Holmes weapons.

Can't see? check
can't hear? check

What is an armed citizen supposed to think when everyone starts drawing their weapon? Just shoot the person that looks most suspecting? He also had protective armor on so you's need some fairly high powered rounds to actually do any damage. Even the police agree that it was a good thing that no body had a gun or otherwise it would have been a lot worse.

What delusional world do you live in?

RE: The TSA is useless
By knutjb on 8/3/2012 5:18:51 AM , Rating: 2
That's completely inaccurate. You should feel ashamed of what you have just said.
Have you ever talked to anyone who has had body armor on and was shot? Ever worn a gas mask and shoot a gun? Do you have any weapons training? In that environment ANY distraction would have saved lives. Holmes was not trained and any distraction would have thrown him off guard leading to forced errors. The police did what they do in the vast majority of their job, react and not prevent. That isn't a slam on the police just the reality of how they function.
What delusional world do you live in?

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