TSA Loses in Lawsuit

[CPT Tripss]

Federal Appeals Court: TSA Violated Federal Law, Must Take Public Comment on Body Scanners: As a result of a lawsuit brought by EPIC, the D.C. Circuit Court of Appeals has ruled that the TSA violated federal law when it installed body scanners in airports for primary screening across the country without first soliciting public comment. The Administrative Procedure Act requires federal agencies to provide notice and opportunity for comment when implementing a rule that affects the rights of the public. Writing for a unanimous court, Judge Ginsburg found there was "no justification for having failed to conduct a notice-and-comment rulemaking," and said, "few if any regulatory procedures impose directly and significantly upon so many members of the public." EPIC's brief alleged that airport body scanners are "invasive, unlawful, and ineffective," and that the TSA's deployment of the devices for primary screening violated the U.S. Constitution and several federal statutes. For more information, see EPIC: EPIC v. DHS and EPIC: Whole Body Imaging Technology. Press Release. (Jul. 15, 2011)

http://epic.org/privacy/body_scanners/epic_v_dhs_suspension_of_body.html

Sometimes the People win.

This is even better news than the "improved" body scanners.

 

[jsilvers]

Sometimes the People win.

I don't think you understand. All that TSA has to do is provide an opportunity for public comment. It doesn't have to actually change anything - and it almost certainly won't (any comments criticizing the body scanners will be dismissed as irrelevant, inapplicable, etc.). The term "pyrrhic victory" comes to mind.

 

[kaytieeldr]

Yep. Especially considering the current image is a body outline and can be viewed in the screening area - the TSO doesn't have to be hidden away in a room where she/he has absolutely no contact with or actual view of the passenger.

 

[CPT Tripss]

Requiring TSA to follow the rulemaking procedures ain't a bad start to establishing the same type of controls as apply to other government entities.

ETA: Its only one element (an interim one at that) in the suit and the litigation is not decided yet.

One real key to the "new" scanner will be whether Airport Security Screeners only handle ones body in the area of an alarm. If they continue to do a whole body hands on search it's a loser. The other key is the frequency of false positives on the alarm which produce no WEI in a hands on the body (hopefully just part) search.

 

[jsilvers]

ETA: Its only one element (an interim one at that) in the suit and the litigation is not decided yet.

Once again, you don't get it. The case is over. The court instructed TSA to take certain actions, but there will be no further proceedings in the case. Anyone dissatisfied with TSA's actions in response to the court's decision (i.e., the requirement to provide an opportunity for public comment) will need to file a new case. As before, this is really nothing to get excited about.