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EPIC Files Motion About Ignored Body Scanner Ruling

OverTheGeicoE writes "The Electronic Privacy Information Center filed a motion in court yesterday regarding the court's ignored year-old ruling on EPIC vs. DHS. EPIC is asking the court to require DHS to start taking public comment within 60 days or, as an alternative, forbid DHS from using body scanners in primary airport screening altogether. If the court orders the latter, that would give EPIC what it originally sought in its lawsuit. Meanwhile, for what it's worth, the related petition on whitehouse.gov has a little more than half the signatures it needs to get an official 'response.' The signing period ends on August 9."

46 of 183 comments (clear)

  1. Fool by Anonymous Coward · · Score: 5, Insightful

    You are a fool if you think the DHS will ever get smaller or less invasive.

    1. Re:Fool by Mitreya · · Score: 4, Informative

      You are a fool if you think the DHS will ever get smaller or less invasive.

      This may have been phrased abrasively. More informative would have been this little gem, that should tell you all you need to know about petitions
      The "Abolish TSA" petition had successfully gathered a needed number of signatures and, as a reward, the director of TSA had copy-pasted what looks like a brochure that could be entitled "Why TSA is awesome and what are our plans for next 10 years"

      The most galling part (besides the fact that TSA director responded to the abolish-TSA request) is the fact that he didn't feel the need to fake it and say "We are working to address some of your complaints." I am not surprised TSA is ignoring courts, too.
      So, yeah, good luck with that next petition.

    2. Re:Fool by CelticWhisper · · Score: 2

      We can at least help stop them from getting MORE invasive and let them stagnate for a while. Below is a link to another White House petition to stop TSA from fulfilling their oft-touted plan to expand into rail travel "screening." For many, many reasons, not least of which is the fact that attacks against trains can happen anywhere along the tens of thousands of miles of tracks in the US, TSA screening at train stations is a really, really fucking stupid idea.

      "We The People" requires petitions to hit 150 signatures before they're publicly visible. Please consider signing to at least help push it to that point.

      (Disclaimer: I created this petition and also submitted it as a Slashdot story - it did not get accepted.)

      http://wh.gov/Okf6

      --
      Help protect civil rights from abuse by the TSA - visit TSA News Blog.
      http://www.tsanewsblog.com
    3. Re:Fool by scot4875 · · Score: 2

      I worked at a public university. It damn well got smaller when there were budget cuts, and I don't recall there being much of a battle besides the Republican legislature saying "we don't want to pay for this anymore".

      --Jeremy

      --
      Jesus was a liberal
    4. Re:Fool by interkin3tic · · Score: 2

      I don't think a press release in response to an online poll necessarily shows the DHS will never get smaller, I think it merely shows that we can't get rid of it by wishing. The whitehouse petitions are clearly a ploy to get young people interested in the Obama administration. Nothing more. The petitions are at best going to change some of Obama's speeches, nothing more. The fact that TSA responded is merely poor PR, it's not proof that voting (ACTUAL voting) can't get rid of DHS. Of course, most voters don't see the DHS as a bad thing, so the uphill battle is convincing them that DHS is bad.

  2. Would you rather be blown-up by terrorists? by cpu6502 · · Score: 2

    So ask my not-so-smart alumni on facebook.

    --
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    1. Re:Would you rather be blown-up by terrorists? by Anonymous Coward · · Score: 5, Insightful

      Than molested every day for the rest of my working life? Yes.

    2. Re:Would you rather be blown-up by terrorists? by DeTech · · Score: 3, Funny

      molested every day for the rest of my life? Yes.

      I know some people who would pay for that.

    3. Re:Would you rather be blown-up by terrorists? by girlintraining · · Score: 5, Insightful

      Even if there was no security whatsoever on planes beyond a cursory visual inspection of passengers to make sure there weren't any guns or knives on the plane, it would still be safer than travel by car in terms of risk of death per miles travelled. Very few planes fall out of the sky because of bad piloting. A great many cars are as I am typing this right now crashing into other cars, catching fire due to poor maintenance, etc. And let's not forget that all of them are driven by "above average" drivers. -_-

      Death by terrorist ranks lower on my list of ways I could die than "slipping and falling in bathtub". Statistically... My odds of dying in a freak accident at home are far higher than death by terrorist. If only my rubber ducky got as much government funding for it's potential to kill me as counter-terrorism does...

      --
      #fuckbeta #iamslashdot #dicemustdie
    4. Re:Would you rather be blown-up by terrorists? by Tangential · · Score: 4, Insightful

      The days of hijacking a plane and flying it into a ground target are over. With the cockpit doors bolted and the passengers wary (and often pissed off) the only real chance a terrorist has is to blow up a plane and hope for some collateral damage on the ground. If they are reasonably determined, they can accomplish that without even being on board the aircraft.

      So not only are you correct, statistically speaking, but it is incredibly hard to justify the dollars spent by the TSA. As a nation we make safety versus convenience and cost tradeoffs every day. This is no different and there's no way a terrorist event on a plane could cost the nation even a fraction of what we spend annually to theoretically prevent them from occurring.

      --
      Suppose you were an idiot. And suppose you were a member of congress. But then I repeat myself. -- Mark Twain
    5. Re:Would you rather be blown-up by terrorists? by CelticWhisper · · Score: 2

      Editor's note: The above comment does not account for fatality statistics involving laser-equipped sharks, land sharks, genetically-engineered supergenius sharks, or robot sharks.

      --
      Help protect civil rights from abuse by the TSA - visit TSA News Blog.
      http://www.tsanewsblog.com
    6. Re:Would you rather be blown-up by terrorists? by element-o.p. · · Score: 3, Funny

      ...and the passengers wary (and often pissed off) the only real chance a terrorist has...

      Dang...I never thought of that. TSA *IS* effective counter-terrorism, just not in the way I ever thought. They get the passengers pissed off before boarding the airplane, the more pissed off the better. Then, if someone *does* try to hijack or blow up an airliner in flight, the rest of the passengers, eager to vent their frustration on someone, ANYONE, rip the terrorist to shreds. Voila! Terrorism problem solved!

      --
      MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
    7. Re:Would you rather be blown-up by terrorists? by ACE209 · · Score: 2

      Toilet Security Agency?

      --
      "we are all atheists about most of the gods that societies have ever believed in. Some of us just go one god further."
    8. Re:Would you rather be blown-up by terrorists? by bill_mcgonigle · · Score: 2

      If I was a terrorist

      oooh, if you'd used the phrase "if I were a terrorist" you would have been fine, but now all the alarms at Ft. Meade have gone off and the Slashdot IP logs will be subpoenaed.

      Of course, that's just my subjunctive opinion.

      --
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  3. Keep up the pressure by OldGunner · · Score: 5, Insightful

    Like any political organization, TSA will only respond to pressure. The more points of pressure, the better. The petition is one point of pressure, the EPIC court petition is another. Letters to individual congress-critters would also help. Just keep up the pressure.

    --
    Vietnam Veteran / Former Postal Worker -- Use Caution When Taunting!
    1. Re:Keep up the pressure by Dog-Cow · · Score: 5, Insightful

      It says a lot about government when a court order isn't enough pressure! Why do we bother following the rule of law again?

      (I know. It's because it's actually the rule of force. Look up rhetorical in the dictionary.)

    2. Re:Keep up the pressure by Lunix+Nutcase · · Score: 2

      Did you miss the part where Congress has the Consitutional power to define the jurisdiction of the inferior courts of the federal judiciary and can limit the appellate jurisdiction of the Supreme Court? When did you think they were ever beholden to court orders when it's the body given sole authority to create the courts and vest them with authority. The only thing Congress can't limit is anying that falls under the original jurisdiction of the Supreme Court, but that doesn't apply in this case.

    3. Re:Keep up the pressure by fuzzyfuzzyfungus · · Score: 5, Insightful

      I see your court order and raise you one national security handwave...

  4. democracy by Anonymous Coward · · Score: 2, Insightful

    If everyone in one major airport on one day decided to refuse to submit to these scanners - a simple word-of-mouth campaign with leaflets handed out by people outside the airport would do the trick - a domino effect would mean they'd be eliminated nationwide by the end of the month.

    But that would require people not to want them.

    The problem ain't your reps - it's the people they rep.

    1. Re:democracy by OldGunner · · Score: 2

      Didn't that get attempted once, and IIR, TSA shut down the scanners for the day so no one could refuse.
      They then claimed victory because on one complained.

      --
      Vietnam Veteran / Former Postal Worker -- Use Caution When Taunting!
    2. Re:democracy by MichaelJ · · Score: 3, Informative

      Last year, day before Thanksgiving. They called it "Opt-Out Day."

      --

      Michael J.
      Root, God, what is difference?
    3. Re:democracy by Anonymous Coward · · Score: 2, Funny

      You know, if one person, just one person does it they may think he's really sick and they won't take him. And if two people, two people do it, in harmony, they may think they're both faggots and they won't take either of them. And three people do it, three, can you imagine, three people walking in singing a bar of Alice's Restaurant and walking out. They may think it's an
      organization. And can you, can you imagine fifty people a day, I said fifty people a day walking in singing a bar of Alice's Restaurant and walking out. And friends they may thinks it's a movement.

      And that's what it is, the Alice's Restaurant Anti-Massacre Movement, and all you got to do to join is sing it the next time it come's around on the guitar.

      With feeling.

    4. Re:democracy by houstonbofh · · Score: 2

      So should I add...

      "I don't want you to grope my pickle.
      I just want to ride my motor-cickle.
      I don't want to die.
      I just want to ride my motor-ci,
      cle.

    5. Re:democracy by magarity · · Score: 4, Insightful

      If everyone in one major airport on one day decided to refuse to submit to these scanners - a simple word-of-mouth campaign with leaflets handed out by people outside the airport would do the trick - a domino effect would mean they'd be eliminated nationwide by the end of the month

      Everyone who wasn't near the beginning of the line would miss their flight. Do you think the TSA people doing the frisking care if you miss your flight? The airline would blame you for not showing up early enough to make it through security. About all that would be accomplished would be a lot of inconvenienced travellers. You have to vote for political candidate who promise to do something about TSA, not cute shennanigans.

  5. Petition is worthless by girlintraining · · Score: 5, Insightful

    The petitions on whitehouse.gov have absolutely no value. There's no law compelling the President to respond, although he's stated a response will be made. Several responses to petitions have been little more than filler material -- utterly worthless from a public policy standpoint.

    Does anyone here really believe Obama's going to risk appearing 'soft' on terrorism in an election year? Nothing is going to happen on this issue this year, no matter how many judgements, rulings, petitions, etc., are made -- the status quo very rarely changes during an election year. Every effort will be made to delay this until after November...

    --
    #fuckbeta #iamslashdot #dicemustdie
    1. Re:Petition is worthless by saveferrousoxide · · Score: 2

      Actually, if Obama really wants to win this election, he would get a LOT of support across party lines by signing an executive order banning the use of scanners and "enhanced pat-downs" (i think they call them) as a primary screening method until some demonstration of safety and usefulness was satisfied (which it wouldn't be). Conservatives, Libertarians, and Liberals would all sing his praises.

    2. Re:Petition is worthless by Anonymous Coward · · Score: 5, Informative

      he would get a LOT of support across party lines by signing an executive order banning the use of scanners

      The problem is, that doesn't seem to be true. 4 out of 5 Americans support the use of full body scanners.

      http://www.cbsnews.com/8301-503544_162-20022876-503544.html

      There have been other polls about the same thing with slightly different results, but they all show a significant majority favor their use - such as this one with 2/3 in support: http://www.washingtonpost.com/wp-dyn/content/article/2010/11/22/AR2010112205514.html

      Americans value the illusion very highly, and will trade almost any amount of freedom for it.

    3. Re:Petition is worthless by OldSport · · Score: 2

      Those petitions are *worse* than worthless: they give people the illusion of participatory democracy when in reality nothing tangible will ever come from them, and in doing so distract people from other forms of participation (writing representatives, say) that actually have tangible effects, however marginal.

      As for the scanners, it always amazes me how the political party that is supposed to be all about individual freedom and liberty, personal privacy, and limited government consistently spearheads the erosion of those very same ideals. That the Republicans are not out in force against the use of these things is one of many signs that they are ideologically bankrupt.

  6. Re:LOL by interval1066 · · Score: 4, Interesting

    A real conservative would insist that all would-be passengers get both, of course.

    Of course a real conservative would tell the government to fuck off with scanning, spying, and any warrentless invasive nonsense. And ignore liberal disinformation.

    --
    Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
  7. Re:LOL by tycoex · · Score: 5, Insightful

    I'm a conservative and I personally don't know any conservatives who like the TSA. We consider it another example of an overgrown government.

    However, the conservatives I tend to be around are probably different than the type you are thinking of. Not all conservatives are rednecks living in trailers, just like not all liberals are actually hippies sitting around in drum circles.

  8. Re:LOL by 19thNervousBreakdown · · Score: 5, Insightful

    So, liberals don't like the TSA. Conservatives don't like the TSA. Why do we still have the TSA again?

    --
    <xml><I><am><so><damn>Web 2.0</damn></so></am></I></xml>
  9. Re:LOL by houstonbofh · · Score: 2

    As someone from Texas, I can tell you that the rednecks living in trailers hate the TSA as well. I have yet to find anyone outside of government that thinks the TSA is a good idea.

  10. Re:LOL by harperska · · Score: 5, Insightful

    Because the powers that be who serve neither the conservative interests nor the liberal interests but rather their own political interests happen to like the TSA.

  11. Re:LOL by sjames · · Score: 4, Insightful

    Why a drug dog? Drug mules are the least likely people to make trouble on a flight, they don't want to call any attention to themselves at all. Because of that, there is no public safety interest to weigh against the 4th amendment.

  12. Re:LOL by Dishevel · · Score: 5, Insightful

    I think that both parties have abandoned anything close to even giving a shit about what the people think.
    They put out their spin with the knowledge that shitty education and addicting TV keep a high enough percentage of the Moo Cows inattentive and stupid enough to vote via talking points.
    We get the government we deserve.

    --
    Why is it so hard to only have politicians for a few years, then have them go away?
  13. Re:LOL by KGIII · · Score: 5, Insightful

    Because they have managed to convinve you that those with opposing views and political ideologies are your enemy. Those in power fear unity and solidarity and are pleased as pie that the citizens are busy fighting with each other instead of actually paying attention. The best tool the government has in its arsenal is your partisanship and willingness to hate your fellow man. Yes, you. You personally.

    --
    "So long and thanks for all the fish."
  14. Re:LOL by Hatta · · Score: 2

    And? Even if that's true, nothing about that changes any of the reasons that pre-crime is a horrible idea.

    --
    Give me Classic Slashdot or give me death!
  15. Re:LOL by dkleinsc · · Score: 5, Interesting

    In the US, self-described conservatives generally fall into at least 3 major groups:
    1. Libertarians, who primarily believe that government should stay out of their business. Libertarian conservatives will oppose the TSA on the grounds that it infringes on personal liberty, and on the grounds that we have to pay for it. Other common libertarian-conservative positions include believing that taxes are too high and that people should be able to make any kind of contract that they want without government interference.

    2. Authoritarians, who primarily believe that people who are in charge are in charge for good reason and should be followed. Major subgroups here would be the Religious Right, and military veterans who believe in the rightness of their cause. These folks generally support the TSA on the grounds that George W Bush was a good man and therefor must have been doing the right thing when he created it. Other common authoritarian-conservative positions include opposing abortion, and supporting the War on Drugs.

    3. Group supremacists, who primarily believe that people who are like them are better than others and deserve to run things. These sometimes overlap with the authoritarians (e.g. Christian nationalists), but also include racists (which by most surveys comprise something like 10-15% of the US population). These folks vary: They like the fact that it's making life unpleasant for Arab Muslims, but dislike the fact that it's making life unpleasant for upstanding citizens like them. Other common group supremacist positions include support Christian prayers in public schools, English-only laws, and anti-Mexican immigration.

    There are definitely overlaps between the groups, but you'll see arguments made from all 3 positions show up regularly in conservative circles.

    And yes, liberals have similar divides. That's why boiling down all political positions to a 1-axis spectrum is stupid.

    --
    I am officially gone from /. Long live http://www.soylentnews.com/
  16. I've signed Whitehouse petitions... by BMOC · · Score: 4, Insightful

    I haven't seen Obama or any of his administration comment on one of them. From the beginning they seemed to just be punting on most issues outside of health care. There was a huge swell of signers for the anti PIPA/SOPA petition, it easily hit the required number to get a response from Obama, but their reply was effectively a total dismissal of the issue.

    Pure politics, the Democrats are just as afraid as the Republicans of standing up for a true human rights issue when they fear their big money supporters might be upset. Make no mistake, internet freedom is a human rights issue.

    --
    I swear they give me mod points to shut me up.
  17. Re:LOL by serviscope_minor · · Score: 3, Insightful

    He was originally picked up in Afghanistan. Oops.

    Oops indeed. There's nothing quite like a long detetention with torture to make someone lose it completely.

    --
    SJW n. One who posts facts.
  18. Re:LOL by BMOC · · Score: 4, Interesting

    Because both sides keep re-electing the same d&mn representatives to Congress?

    If you want the TSA to go away, it's time to stop being afraid to vote for an unknown 3rd party or party-less candidate instead of an entrenched Republicrat/Democan incumbent.

    Ask yourself a simple question before you vote, do you really think that an uneducated, toothless wife-beater-wearing hick from Virginia will do worse for our country in Congress than people who have worked their for 20 years and base every decision on trying to keep their job next cycle? My answer is always "no" to that question, and I live in California.

    Political office was never intended to be a career. It was supposed to be more like the jury system.

    --
    I swear they give me mod points to shut me up.
  19. Re:LOL by Kozar_The_Malignant · · Score: 4, Informative

    > The guy who blew up that bus full of Israeli's yesterday in Burgas, was apparently a former Gitmo [rt.com] resident, who was sent back to Sweden.

    No, he was not.

    --
    Some mornings it's hardly worth chewing through the restraints to get out of bed.
  20. Re:LOL by houghi · · Score: 2

    So who voted for them?

    --
    Don't fight for your country, if your country does not fight for you.
  21. Re:LOL by Brain-Fu · · Score: 5, Funny

    So who voted for them?

    Diebold.

  22. Re:LOL by mianne · · Score: 5, Insightful

    Proven? How?

    Boxcutters were not illegal to carry aboard commercial aircraft on 9/11/01. Mace and pepper spray were. However then, as now, a canister of pepper spray would be nearly invisible on Xray, and may or may not be seen on a person using AIT. 70% of simulated weapons and explosives still make it through the current screening regimen. I doubt that number is much different (either better or worse) than in the days of private security screening.

    Two reasons that the 9/11 attacks were successful is because of the SOP which essentially said, "To reduce risk to passengers or flight crews, don't put up any resistance and comply with hijackers' demands." That thinking allowed three planes to be used as cruise missiles to disastrous effect. Which brings up the second major factor: Credible intelligence reports were mishandled. That student pilot(s) stated they wanted to know how to fly 747s, but were not interested in how to land them.

    The first factor was corrected automatically the very same day with United 93's passengers upon learning what had happened earlier that morning took control of the situation and thwarted the attack.. Yes they all died, but they knew they would have anyway, but they prevented much more death and destruction. Reinforcing and locking cockpit doors was a very intelligent procedure change in the wake of that fateful day. That is something that I fully support, and I expect that the insurance companies do as well.

    But what of all the other apparatus? Does anyone seriously believe that a bottle of water or a tube of toothpaste poses a credible security risk? Intelligence gathering has increased dramatically, but information sharing as a result has, if anything, only gotten worse.They've essentially created a much larger haystack from which to search for the same needles. Think of the "underwear bomber" attempted attack. It was reported that the terrorist's own father reported him to authorities. Yet he was still granted a visa into the U.S.? WTF? However tragedy was averted due to the important changes I cited earlier. Passengers (and an air marshal) recognized the threat that intelligence officials and security screeners missed and stopped the attack cold in its tracks! Even if he had managed to detonate his explosive, the worst case scenario would be that the plane crashed killing all aboard and possibly a few people on the ground as well. The odds that the plane would have crashed into a densely populated area, or a building of strategic and/or national significance would have been astronomically small.

    But back to your insurance standpoint, do you believe any sane underwriter would think increasing the cost of the security apparatus 1000-fold or more to reduce the probability of a terrorist attack by a fraction of one-percent would be a wise choice? Considering that in the process, they've increased their liability to claims based on civil rights violations, delayed flights, stolen or damaged items in luggage, and health problems that may be (rightly or wrongly) attributed to backscatter radiation by passengers, screeners, flight crews, and airport staff?

    No. If the companies who insured airports and airlines were the ones dictating security procedures, I would expect things to look a lot more like they did on September 10, 2001 than they do today.

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  23. Re:Cannot sign petition by mianne · · Score: 3, Interesting

    Oh I signed it... Get my name on the "No-Fly" list? Heck with that, I put myself on it 5 years ago before the body scanners were put in place. I've only flown once since the implementation of the TSA, and that was only due to winning a free trip to DIsneyworld.. My husband was screened for explosives both ways for having the audacity to be confined to a wheelchair. They throw away the bottle of soda I forgot in my carry-on on our way home, which also had my husband screened for so long (even without the "SSSS" designation) that we nearly missed our flight back from Orlando that we arrived over an hour in advance for.

    The last vacation we took, and probably the next few; was/will be to places we can readily access in my car. Yes, I know I'm far more likely to be injured/killed driving than by flying. I have no fear of flying, but I refuse to submit to the modern security apparatus, to be irradiated or groped. I've never been a "frequent flyer" but for about 25 years or so, I flew about 2-3 roundtrips a year. We both have medical conditions which do not need to be exacerbated while causing us humiliation at the groping hands of some mouthbreathers hired off a pizza box. If and when some sanity returns to the airport screening process, we'll be more than happy to fly regularly again. But about the only thing I can see that will get me on a plane today would be the death or serious illness of my parents/siblings.

    As to being bombarded by political info? Rand Paul probably already figured out that was not such a bright idea when I and many other /.'ers signed his anti-TSA petition. Thankfully my unsubscribe request was eventually honored, but that's what spam filters are for anyway. As to the risk to the current administration? Assuming a human has ever actually read all the posts I've made here and other sites, (which I'm certain have been collected and correlated automatically into several private and government databases anyway) then I think they can safely conclude that President Obama will not get my vote again, but Mitt Romney won't receive my vote either. I still don't know who'll I'll vote for, or if I'll just write in "None of the Above" but until I find a candidate from any party whose platform even approximately matches my views which run the gamut between conservative, liberal, and libertarian; no one's getting my vote for president.

    So for any aspiring presidential, congressional, and other politicians who seek my vote; these are some of my core issues and beliefs:

    1) Defund the TSA, maintain common sense procedures such as reinforced cockpit doors, metal detectors, and canine patrols. Also improve the vetting and screening of airport employees, vendors, and contractors.
    2) End the "War on Drugs." Tax and regulate cannaboids, amphetamines, hallucinogens, and narcotics much the way alcohol, tobacco, and/or prescription drugs are at present. This will greatly reduce the power and violence of Mexican drug cartels, and reduce gang violence in America, and reduce our overall prison population. Taxes raised from this legalization should go to real education of the dangers of drugs, and not "Reefer Madness" style scare tactics. Taxes raised should also go to counseling, detox and rehabilitation efforts to those adversely affected by drug abuse.
    3) Raise taxes on the wealthy and the middle class alike. Our debt cannot be controlled by spending cuts alone, we also have to raise revenue broadly. It will take someone willing to advocate such a politically unpopular decision. On this issue alone, someone like Laurence Kotlikoff would win my vote, but there's little information on what else he stands for, and not all that is, is in sync with my views. But I have to give him credit for making an unpopular but necessary step his chief selling point.
    4) Improve education for all. By this I don't mean inflexible testing standards such as NCLB. But investing heavily in education from preschool to advanced degrees,

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