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1st Circuit Injunction Re: TSA's New Mandatory AIT Search Rule Fully Briefed (s.ai)
saizai writes: I just filed my reply to the TSA's opposition to an emergency motion for preliminary injunction and temporary restraining order (PI/TRO) against the TSA's new policy that arbitrarily mandates some people to go through electronic strip search ("AIT"). Case website here (will be kept updated). Court order expected soon, though impossible to know for sure.
I've also released 3 FOIA docs (see 2015-12-30 update), which I submitted as exhibits:
I've also released 3 FOIA docs (see 2015-12-30 update), which I submitted as exhibits:
- MD 100.4 2012-01-25 Transportation Security Searches (11p, full) — showing TSA's expansion to "bus, train, [and] other public conveyance"
- SPOT validation study Vol 1 Ch 4 — Descriptive analyses — summary of sources for items (1p) — showing 90% of what they find is immigration and drug related, not weapons
- SPOT validation study Vol 3 App F — Supporting tables — prohibited items data (2p) — giving breakdown list of "prohibited items" they find
See previously:
You are no mere "Internet Warrior"; you are someone who is expending your time and effort on defending the Constitution. You have my respect.
How long until you're on the "no fly" list or some surprise police home invasion happens? I honestly hope that there is no retribution against you, but I'm wary.
This is exactly what I wish we'd see here more often. Please keep submitting details, IDGAF if this winds up on the front page constantly.
Someone who is not harmed lacks "standing" to bring a case in federal court, because the constitution requires there be an actual case or controversy--federal courts lack the power to issue advisory opinions. For a constitutionally protected interest, the plaintiff must have suffered or imminently will suffer injury—an invasion of a legally protected interest that is (a) concrete and particularized, and (b) actual or imminent (that is, neither conjectural nor hypothetical; not abstract). The injury can be either economic, non-economic, or both.
The TSA is arguing the plaintiff can't bring the case because he hasn't been body-scanned. The plaintiff is arguing only the TSA knows whether they will body scan him and they haven't told the court, so you have to assume they will. The plaintiff also goes on about plaintiff's protected liberty interest in international travel, but that doesn't address the question of whether the harm to plaintiff is the kind of concrete, particularized, actual, and imminent harm necessary to give the plaintiff standing to sue. Unless a lot more of that was in the complaint, the judge isn't going to find it sufficient to issue the injunction.
There are some merits arguments too, but IRL judges care a LOT about standing. This does not prevent someone from filing another lawsuit in the future, and there may be some opportunity to further the argument in the main part of the lawsuit after the injunction fails to issue.
Well, supporting Sai's Patreon is a decent place to start. I've been tossing him $10/mo for a while now, it's a pittance but at least it's something. He's been shockingly effective for someone who's just One Random Guy with practically no support. https://www.patreon.com/saizai
When I worked at Ebay we found that the TSA makes a LOT of money from selling things they steal from people.. and it often went unreported and into TSA agents pockets, that's a big MO.
The scanning is not shown to be safe.
Some of these are X-rays, proven to not be safe, maybe a tiny number of medical X-rays a year are ok, and doctors and dentists will keep track of how many they give you to avoid too much. The big concern here is that they're subjecting their security agents to tons of this every year and they're not wearing dosimeters to how how much exposure they get. With even one dental x-ray you are given a shielded cover over your chest and the technician leaves the room. I trust the medical professionals over the TSA.
Some of these are not x-rays but high frequency electromagnetic radiation, over 30GHz. Medical effects of this are unknown. This is not about RF allergy fears but basically the effect of this technology has not been well studied and is being rolled out fast as a panicked reaction.
This scanning also shows no purpose. They are not finding weapons with these scanners, though they do find contraband. A real terrorist is going to get past these scanners. The only thing this does is provide security theater - fooling the gullible public into thinking that something is being done, and please keep voting for your clueless representatives to approved this. These agents are not highly trained, they're not the best of the best, this is a relatively low paying menial labor job. Other countries with actual threats do not have the style of security we have in the US, they prefer to have effective security instead.
There is also the very real matter of creeping expansion. TSA wants to expand to trains and buses if they can. They want a police state.
John Brennan did pretty much that, stripping naked in protest of invasive TSA procedures. He was arrested for indecent exposure, taken to jail, and fined $1000 by TSA for "interference with screening personnel." He was found not guilty on the indecent exposure charge, the fine is still in appeals 4+ years later, but I'm pretty sure his legal expenses are in five figures.
I wouldn't for a moment discourage you from this plan, but please do be aware of what you're getting into, and the extent to which they will fuck with you.