TSA Pornoscanners

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hey Thom,

You havn't gone a good rant against TSA pornoscanners in a while, here's a reason to get cranked up again...

http://www.wired.com/threatlevel/2012/07/tsa-scanner-court-order/ TSA Fails to Comply With Year-Old ‘Nude’ Body-Scanner Court Order

By David KravetsJuly 16, 2012 | 3:13 pm |

Images: TSA

It’s been a year following a federal appeals court decision setting aside a constitutional challenge trying to stop the government from using intrusive body scanners across U.S. airports.

But the U.S. Court of Appeals for the District of Columbia Circuit’s decision on July 15, 2011, also ordered the Transportation Security Administration “to act promptly” and hold public hearings and publicly adopt rules and regulations about the scanners’ use, which it has not done.

The three-judge appellate court, which is one stop from the Supreme Court, said that the Transportation Security Administration breached federal law in 2009 when it formally adopted the Advanced Imaging Technology (AIT) scanners as the “primary” method of screening. The judges — while allowing the scanners to be used — said the TSA violated the Administrative Procedures Act for failing to have a 90-day public comment period, and ordered the agency to undertake one.

A year later, the government has yet to hold those hearings. And the appellate court has twice denied motions from the Electronic Privacy Information Center, which brought the case, to order the TSA to get going.

Jim Harper, the director of information policy studies at the Cato Institute, has started a White House petition to force the TSA to promptly follow the law. By government policy, if the petition gets 25,000 signatures, the President Barack Obama administration is obligated to publicly respond. The petition is halfway there.

“The public deserves to know where the administration stands on freedom to travel, and the rule of law. While TSA agents bark orders at American travelers, should the agency itself be allowed to flout one of the highest courts in the land? If the petition gets enough signatures, we’ll find out,” Harper said.

The TSA has told the court in documents that it is “committed to significantly expediting the AIT rulemaking process and has placed this proposed rule among its highest priorities,” (.pdf) and that it has already gotten the ball rolling internally.

Lorie Dankers, a TSA spokeswoman, said in an e-mail that the announcement of the public comment process “will be published in the Federal Register next year.”

To be sure, even if the TSA complied with the court’s order, we doubt that the government would abandon the scanners’ use.

But, then again, complying would bring the issue front and center, and perhaps the TSA might begin altering course and decide the scanners aren’t effective, safe or that they breach the privacy rights of passengers. Consider that, after the court’s decision, the TSA began moving toward displaying to screener technicians broad, generic outlines of passengers instead of taking virtual nude shots.

Under the Administrative Procedures Act, agency decisions like the TSA’s move toward body scanners must go through what is often termed a “notice and comment” period if their new rules would substantially affect the rights of the public — in this case, air passengers. The Environmental Protection Agency often undertakes “notice and comment” periods for proposed pollution regulations.

But the court did not penalize the TSA for its shortcomings. The TSA argued to the court in March that a public comment period would thwart the government’s ability to respond to “ever-evolving threats.”

Judge Douglas Ginsburg, writing for the majority last year, said the TSA must allow for the 90-day notice-and-comment period because of the new “substantive obligations” on airline passengers, which include intrusive pat-downs on passengers who refuse to go through the scanners.

“It is clear that by producing an image of the unclothed passenger, an AIT scanner intrudes upon his or her personal privacy in a way a magnetometer does not. Therefore, regardless of whether this is a ‘new substantive burden,’ the change substantively affects the public to a degree sufficient to implicate the policy interests animating notice-and-comment rulemaking, Ginsburg wrote. (.pdf)

“Indeed, few if any regulatory procedures impose directly and significantly upon so many members of the public. Not surprisingly, therefore, much public concern and media coverage have been focused upon issues of privacy, safety, and efficacy, each of which no doubt would have been the subject of many comments had the TSA seen fit to solicit comments upon a proposal to use AIT for primary screening.”

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cactuspat
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Comments

HERE IS A PETITION AGAINST THESE SCANNERS THAT STILL NEEDS ROUGHLY 10,000 MORE SIGNATURES! PLEASE CLICK ON THE LINK which will take you to the petition on the White House website. Sign in then sign the petition please!! Imagine how much radiation we are getting from these scanners not to mention our personal privacy!!! I don't want to even fly anymore! Please read the petitio, sign it and pass it along! Thanks!!

https://petitions.whitehouse.gov/petition/require-transportation-security-administration-follow-law/tffCTwDd

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MrsBJLee
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Feb. 17, 2012 8:45 am

Hoq bout we take out the unconstitutional TSA once and for all!

Commonsense461
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Jul. 2, 2012 8:48 am

Can you start with signing the petition please? ;-)

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MrsBJLee
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Feb. 17, 2012 8:45 am

Re word it too abolish the TSA and yeah

Commonsense461
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Jul. 2, 2012 8:48 am

And you call yourself COMMONSENSE? Your above statement does NOT make sense! So you WON'T sign the petition JUST BECAUSE it doesn't abolish the TSA? If that is important to you why don't you start your own to abolish the TSA. You can go to change.org, credo.org or even the White House website has a place to create petitions. Not signing makes me wonder how you could pass up the chance to stop this extremely invasive technology in our lives! So then, DON''T COMPLAIN when they begin using it ALL OVER THE PLACE...NOT JUST IN AIRPORTS!!

MrsBJLee's picture
MrsBJLee
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Feb. 17, 2012 8:45 am

Becausbad imply banning one part of justifies the rests right exist in defiance of our 4th andment rights

Commonsense461
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Jul. 2, 2012 8:48 am

Would you like to put that in plain ENGLISH please?

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MrsBJLee
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Feb. 17, 2012 8:45 am

If you only attack one part u justify the rest.

Commonsense461
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Jul. 2, 2012 8:48 am

sO...YOU WOULD PREFER WE JUST GO AHEAD AND GET THE RADIATION FROM THESE SCANNERS not to mention our privacy INVADED LIKE NEVER EVER BEFORE, because the petitions don't address the PAT DOWNS! GIVE ME A PAT DOWN and get rid of the RADIATION FROM the molecular scanners PLEASE! EVEN IF IT MEANS WE KEEP THE PAT DOWNS! JUSTIFY THE PAT DOWNS THEN! AT LEAST I WON'T GET CANCER FROM PAT DOWNS!!!!!

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MrsBJLee
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Feb. 17, 2012 8:45 am
Quote MrsBJLee:

sO...YOU WOULD PREFER WE JUST GO AHEAD AND GET THE RADIATION FROM THESE SCANNERS not to mention our privacy INVADED LIKE NEVER EVER BEFORE, because the petitions don't address the PAT DOWNS! GIVE ME A PAT DOWN and get rid of the RADIATION FROM the molecular scanners PLEASE! EVEN IF IT MEANS WE KEEP THE PAT DOWNS! JUSTIFY THE PAT DOWNS THEN! AT LEAST I WON'T GET CANCER FROM PAT DOWNS!!!!!

Im not talking about pat downs I'm talking the hole kit and caboudle no gooverment agency searching me for wanting to fly. Make standards and turf it to the companies.

Commonsense461
Joined:
Jul. 2, 2012 8:48 am

I would love to go back to the "old days" when we didn't get searched to get on a plane but that's not going to happen. This world has changed and there are people in it that would love to take that plane you would be flying on and ram it into the White House, and slice your throat or blow up their shoe so you can forget getting rid of the TSA.

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MrsBJLee
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Feb. 17, 2012 8:45 am
Quote MrsBJLee:

I would love to go back to the "old days" when we didn't get searched to get on a plane but that's not going to happen. This world has changed and there are people in it that would love to take that plane you would be flying on and ram it into the White House, and slice your throat or blow up their shoe so you can forget getting rid of the TSA.

Im not saying don't get searched but we need to get rid of TSA and make it the companies responsibility. The TSA is growing they are now being put on buses in Houston as sky marshal types and can stop and frisk you just on suspicion.

Commonsense461
Joined:
Jul. 2, 2012 8:48 am

Would you rather have rent-a-cops frisking you? What exactly are you afraid of?

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MrsBJLee
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Feb. 17, 2012 8:45 am
Quote MrsBJLee:

Would you rather have rent-a-cops frisking you? What exactly are you afraid of?

The rent a cop can't aresst me, he doesn't work fOr the government so he can't violate my 4th amendment rights.

Commonsense461
Joined:
Jul. 2, 2012 8:48 am

Here is a chance to at least make some changes in the way things are going. The text below is a petition that is currently circulating that needs about 9,430 more signatures on it. Are you going to just sit on your duff and rant or are you going to do something? This petition directly involves the TSA.

In July 2011, a federal appeals court ruled that the Transportation Security Administration had to conduct a notice-and-comment rulemaking on its policy of using "Advanced Imaging Technology" for primary screening at airports. TSA was supposed to publish the policy in the Federal Register, take comments from the public, and justify its policy based on public input. The court told TSA to do all this "promptly." A year later, TSA has not even started that public process. Defying the court, the TSA has not satisfied public concerns about privacy, about costs and delays, security weaknesses, and the potential health effects of these machines. If the government is going to "body-scan" Americans at U.S. airports, President Obama should force the TSA to begin the public process the court ordered.

https://petitions.whitehouse.gov/petition/require-transportation-security-administration-follow-law/tffCTwDd

TAG!

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MrsBJLee
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Feb. 17, 2012 8:45 am

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