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TSA Body Scanner Opt-out No Longer Guaranteed (slashgear.com)

codguy writes: Up to now, airline passengers have been able opt out of the TSA's Advanced Imaging Technologies (AIT) whole body scanners, and request a physical pat-down for their security check. But ProPublica journalist Julia Angwin points out that a rule change on December 18, 2015 now allows the TSA to compel some passengers to use these scanners instead of giving them a pat-down. The updated rule says, "While passengers may generally decline AIT screening in favor of physical screening, TSA may direct mandatory AIT screening for some passengers," (PDF source). Of course, the criteria for when this can happen is completely unspecified, and one can easily imagine them abusing this by deciding to compel anyone who requests a pat-down to go through the scanners for some reasonable cause from their perspective. Guilty until proven innocent?

11 of 278 comments (clear)

  1. Re:Hyberbole much? by BostonPilot · · Score: 5, Insightful

    At first I was going to flame you a bit for saying that by purchasing a ticket I'm waiving my rights to not be unreasonably searched. But I'm really just tired of the whole police state thing. I just won't fly commercial. It won't change anything - there are too few people who are willing to be inconvenienced in order to preserve our rights, so Police State wins, I lose.

    I'm really tired of this crap.

  2. Re: Hyberbole much? by fulldecent1341 · · Score: 5, Interesting

    I have been opting out for years and appreciate my right to do so. If push comes to shove I would cancel my trip if I was compelled. Is any analysis available if I would be able to get a refund from Visa in this circumstance? Is any documentation possible to get from TSA possible to support such a claim. And is there any other form of non violent protest that I can do on the spot which would not get me put in jail / shit / no-fly listed? Seeking serious answers for a principled person.

  3. Re:Hyberbole much? by Kincaidia · · Score: 5, Interesting

    Actually, it's walking on thin ice. The right to assemble is guaranteed in the first amendment, and implicit in that is the right to travel. It can be argued, quite rationally, that travel by plane is part of that. I want to travel to Hawaii? Sure, you could take a boat and spend a week round trip in transit, but that's quite a penalty. And what stops a nefarious government from starting a "no public transit" list? And if they revoke your drivers license? Where do we draw the line? What if we're in a not-too-distant future where private ownership of cars is a thing of the past and you can be denied any travel that you can't walk to?

  4. Re:Asking to avoid it is the reason to require it by Anonymous Coward · · Score: 5, Interesting

    I am more concerned about the clear sign saying "DO NOT USE IF PREGNANT OR MEDICAL CONDITION".

  5. Re:Hyberbole much? by clonehappy · · Score: 5, Interesting

    Go fuck yourself. If you are not suspected of a crime, nor have had a writ or warrant signed by a judge, there is no legal basis for a search. "Purchasing a ticket" does not give anyone the legal basis to violate your rights. If you believe that, you're part of the problem.

    Fortunately, I won't willingly subject myself to being treated like a slave so I stay as far away from airports as I possibly can. If I ever do have to go to the airport again, I'll be sure and opt-out for the patdown. Of course, I'll also make sure I take 2-3 extra strength Viagra before I turn up at the checkpoint.

  6. Re: Hyberbole much? by armada · · Score: 5, Interesting

    Are you aware of the danger of a simple mechanical failure? These are raster machines so they scan you by bombarding you with a paper thin plane beam than pans down your body. If that beam stops, even for a few seconds then it would irradiate the cells along that plane with a massive dose. Not "pseudo science".

    --
    "This message was sent from an Apple //GS"
  7. Re: Hyberbole much? by armada · · Score: 5, Insightful

    I'm with you. I have been opting out since day one. Should I be required I will simply, and calmly refuse. If they do not allow me and my family to board then I will demand a refund from the airline since I agreed to a screening but not an irradiated, 95% failure rate one. They will have to issue a refund or book me on a later flight. If not, I will issue a chargeback on my card and sue them and the TSA, and FAA, for any damages. If enough of us stand up there is a chance, if everyone continues to be spineless sheep then we are screwed. Disney just installed metal detectors at parks, work that one out and you will see where we are headed as a society. Stand the hell up for yourself and others!

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    "This message was sent from an Apple //GS"
  8. Re:Hyberbole much? by kilfarsnar · · Score: 5, Insightful

    "Guilty until proven innocent?"

    No, not at all. You waive your rights when you purchase your ticket, which is a voluntary act. By purchasing your ticket, you are agreeing to the conditions attached to it, which include submitting to a search. If you don't want to be searched, don't buy a ticket, and find another way to travel.

    Oy. I really can't stand this argument. Yes, it's voluntary; just like having a bank account and a computer and a credit card and a job and a home are all voluntary. Maybe when people buy houses they should all be required to have surveillance cameras installed. Buying a home is voluntary, so if people don't like being watched they are free to simply not buy a house. Why not just search everyone walking down the street? After all, it's completely voluntary to walk down the street. No one is forcing you are they?

    But what am I to do to visit my aunt in France? Should I take a steamship? What if I'm flying for business and I don't want to go through the scanner? Should I quit my job? I mean, having a job is voluntary right? No one is forcing me to keep my job. The thing is, while many things are technically voluntary, they are also required to participate in the modern world. That's why the voluntary nature of these things is irrelevant. The point is whether these rules are proper and constitutional. I happen to think not. I know the Supreme Court has removed my rights at border crossings. But I don't have to like or agree with it. That, after all, is voluntary.

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    "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
  9. Re:Hyberbole much? by pla · · Score: 5, Informative

    You waive your rights when you purchase your ticket

    Do you know what "inalienable" means?

    You can't "waive" your due process rights any more than you can sell yourself into slavery.

  10. Re: Hyberbole much? by Gr8Apes · · Score: 5, Informative

    I'd rather not be irradiated in the first place.

    And please indicate where these are at all effective. Note that in the TSA's own tests they missed nearly all guns and explosives. What's the point of these body scanners, other than allowing the TSA to get the equivalent of nylon filtered pornography? It's obvious the scanners do fuck all for security.

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    The cesspool just got a check and balance.
  11. Re:Just build a wall, ok? by rtkluttz · · Score: 5, Insightful

    Exactly. The USA has lost. I went to an NFL game and had to have all my shit searched. I protested as an American. Any idiot knows (which means most of America is BElOW idiot status) that it is just security theater. Any terrorist with bad intentions would get more victims detonating in the packed security line than they EVER would detonating inside the stadium. The stadium spreads everyone out and the traffic jam they create to finger our asses puts us way closer together just asking for it. It is just security theater designed to make the dumb ass public feel warm and fuzzy while we give up our constitutional rights to have our ass fingered. I though America was about doing the right thing not being scared little dumbasses who won't help Syrians in need because some of the are terrorists with bad intentions. Hell some of US are terrorists with bad intentions. Help people, don't give up your freedoms for the illusion of security have a damn spine like a real American. Get a spine and realize there are only 2 choices. Let the government be worse than the terrorists EVER could be or accept that not giving up your freedoms means we have to accept that an occasional terrorist is going to get through. It cannot be stopped 100% with ANY amount of loss of freedom so why give up any that our family lines fought and died to protect. Our government uses terror more than the terrorist do... just to a different end, and that is to control the sheeple who want warm fuzzies.

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    Digital is, by definition, imperfect. Analog is the way to go.