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Appeals Court Caves To TSA Over Nude Body Scanners
OverTheGeicoE writes "The Electronic Privacy Information Center (EPIC) recently filed a petition to force the Department of Homeland Security to start its public comment period on body scanners within 60 days or stop using them entirely. The Court of Appeals for the District of Columbia has issued its ruling (PDF), and has refused EPIC's petition. DHS told the court earlier that it expected to have a formal rule proposal on body scanners by the end of February, so the court denied EPIC's motion on the expectation that public comment period would start by late March. TFA and this submission have a pessimistic headline on this ruling, but other sources seem to think the glass is half-full, and that EPIC in effect got what it wanted. Is this a victory or a defeat? Will the rulemaking process start on time, or will a TSA dog eat the proposed rule in late March and force further delay?"
Impartial: "Appeals Court Rules that..."
Slashdot: "Appeals Court Caves To TSA Over Nude Body Scanners"
I have no dog in this fight, but the idea that some court "caved" to an agency rather than ruling on the merits of the case based on their particular principled and reasoned views (which you or I might not happen to personally like or agree with) sounds like conspiracybabble that should have no place on slashdot.
What happens when the TSA does not turn in their formal report in February?
Yes, we'll all lose, but the problem isn't nudity.
The problem is that the TSA acts as an extended arm of the DHS, and as such are constitutionally bound to the 4th amendment.
The border search exception does not apply to domestic flights, and the constitution always trumps federal law in the view of the Supreme Court, should there be discrepancies.
Governing is a privilege, not a right. The government needs to abide by the rules of the road as set forth by the Constitution, or find another way to accomplish their ends. It's really that simple. Quit making excuses and just do it.
The problem is not the specific ruling, but rather the media’s brainwashing of population that body scanners somehow increase the security. Most people do not know that you can opt out of body scanners and the general thinking now became that the scanners are good.
I fly about three times a week and I have never gone through a body scanner. A little known fact is that once more people opt out of body scanners, the security lines grow quickly and the scanners get closed in favor of faster metal detectors. As long as the people are OK with body scanners at the airport, there’s very little that can be done in a court.
There's no such thing as "illegal download"
Not yours, but what about your sister, or mom, or nana? There are some sick bastards in this world and we have already seen what sick bastards with a little power do. Just look at the current TSA outrages against personal dignity.
I haven't flown since this scanner bullshit started, but I think that when I refuse the scanner I'll inform the TSA manager that if your thug gropes my nuts I'm returning the favor with a closed fist. There is a right to defend oneself from sexual assault, and that is what this. I've been frisked by police and GSA Security and they were professional courteous and apologetic. There is no reason for this kind of invasive procedure by untrained thugs (sounds like a back alley colonoscopy).
Captcha = duress, how fitting
I'm convinced these full body scanners are less about security and more about ensuring wealth doesn't leave the country. When the shit hits the fan, people wanting to leave and take their fortunes converted into say diamonds, will not be able to take them with them.
For years you could only take up to $10,000 in cash/valuables to a foreign country. Diamonds were the only way to take more. If these scanners proliferate that will be the end of that.
Food for thought in our future police state.
Flying is a privilege, not a right.
Having the government force you to submit to a search to complete your travel is a violation of several rights. Driving is "not a right" either. Should the government force you into a search before you get behind the wheel. By your logic, as long as walking is permitted all other modes of travel are available for infringement.
Trust me, nobody really wants to ogle your naked outline.
If that is all that was at stake, it would be a different conversation.
It's really that simple.
No, it is not. But you seem to be.
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Any offense taken to this post is at your sole discretion.
Flying is a privilege, not a right.
Well, yes, that is true; however, the government (which is making these rules) belongs to us. Do we chose to have intrusive searches using mostly-unproven technology? What our choice in the matter of giving away our privacy in the battle between fear and freedom?
You need to abide by the rules of the road as set forth by the governing bodies, or find another way to travel. It's really that simple.
And, likewise, the TSA needs to "abide by the rules as set forth by the governing bodies, which, as far as I can see requires a period of public comment, something that the TSA has failed to do. So, if somebody is "failing to abide by the rules," it apparently is the TSA
Quit whining and just go through it. Trust me, nobody really wants to ogle your naked outline.
Whether you, anonymous coward, choses to think that somebody else's privacy concerns, or safety concerns, are valid or not is not your business
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By your logic, as long as walking is permitted all other modes of travel are available for infringement.
If they start searching for all non-walking modes of transportation, why do you think they will stop at walking?
The problem is that voting is a right not a privilege. As such people don't bother to worry about things like "facts" when they vote.
I'm convinced these full body scanners are less about security and more about ensuring wealth doesn't leave the country. When the shit hits the fan, people wanting to leave and take their fortunes converted into say diamonds, will not be able to take them with them.
For years you could only take up to $10,000 in cash/valuables to a foreign country. Diamonds were the only way to take more. If these scanners proliferate that will be the end of that.
Food for thought in our future police state.
If you've got that much money you can hire a jet. Or take them across a land border.
Flying is a privilege, not a right.
Please clarify. What does that even mean?
How does one travel if every mode of transportation is a privilege that can be trivially revoked? Is travel then also a privilege?
Is walking "right"? Or is it too a privilege?
You need to abide by the rules of the road as set forth by the governing bodies, or find another way to travel.
Are you alluding to the tired argument of needing a license to drive? And that a drivers license is not a right?
Because I'm fine with that. But I don't need a drivers license to be a passenger in a taxi. I don't need to submit to government checks. I don't need to carry identification.
Is taxi travel a priviledge? Can it be revoked?
How exactly is plane travel different from taxi or bus travel? I enter a privately operated vehicle as a passenger, and I sit there.
Trust me, nobody really wants to ogle your naked outline.
What about my daughter's?
the constitution always trumps federal law in the view of the Supreme Court, should there be discrepancies.
Aren't you being a little naive?
Public opinion gathering? Huh? Here’s a survey:
"Would you jeopardize the lives of our children and the American citizens by asking us to remove Advanced Imaging Technology scanners from the airport?”
[NO! I want to keep people safe] [yes, allow terrorists blow up the planes]
There's no such thing as "illegal download"
I think he/she meant "the constitution is SUPPOSED to trump federal law...."
The reality of the situation is different, as we know.