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Appeals Court Caves To TSA Over Nude Body Scanners 169

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?"
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Appeals Court Caves To TSA Over Nude Body Scanners

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  • same here. (Score:2, Interesting)

    by Anonymous Coward on Wednesday September 26, 2012 @02:36PM (#41466987)

    I opt out too.

    And, when it was in the news that the TSA were looking for people who act "suspiciously" - like avoiding eye contact - I started going out of my way to make eye contact - I stare them down until THEY turn their heads. I do the same to cops.

    I go in with the attitude of "go ahead fuck with me" because you fuckers step one toe out of line, we're on the 5 O'clock news and internet with a headline along the lines of "TSA fucks over yet another innocent traveler with their stupidity".

    And I'd like to add the best things that were out there, the explosives detectors, were removed because they were a "maintenance nightmare" according to a TSA agent I asked - GE makes them. They were great: they had a metal and explosives detector in one and it took 30 seconds - no strip search. Because let's face it, the only REAL threat now is just bombs. The metal detector will get the guns and as far as ceramic knives - please, they'll get their heads bashed in before they could do anyting and the reinforced cockpit doors will keep them out.

    I guess GE should hire ex-TSA or DHS heads for lobbyists next time.

  • by ColdWetDog ( 752185 ) on Wednesday September 26, 2012 @02:41PM (#41467037) Homepage

    Flying is a privilege, not a right.

    Wrong.

    Current US Code addresses air travel specifically. In 49 U.S.C. 40103, "Sovereignty and use of airspace", the Code specifies that "A citizen of the United States has a public right of transit through the navigable airspace."

    This comes out of the common law right to freedom of movement which includes the use of conveyances appropriate to the time. Our modern society operates on the assumption of a right to air travel.

    The way I read it is that your are perfectly within your inalienable rights to flap your arms hard enough to take off. Getting on a commercial aircraft, well, not so much.

  • Civics: What a joke (Score:5, Interesting)

    by wcrowe ( 94389 ) on Wednesday September 26, 2012 @03:03PM (#41467321)

    I wish I could sue my old high school for wasting my time with civics class. It was there I was taught that we had three branches of government, and that part of the job for each branch was to keep an eye on the other two branches in a system of "checks and balances". Clearly this was just a lot of sentimental BS.

  • by garcia ( 6573 ) on Wednesday September 26, 2012 @03:11PM (#41467401)

    I was out in Orlando for work in April and LA in May. At MSP (my home airport) and MCO we had a choice in scanner methods, in LA we didn't. I refused to use the scanner, instead opting for the manual pat down.

    At MCO I was through the "traditional" scanner method quickly, 10 minutes faster than my coworkers who got their chromosomes scrambled. In LA, I was 30 seconds behind my coworker.

    It's not fucking worth it to use the scanners. IMO we should all be opting out and forcing the TSA to work harder to get the job done. If people stood up against the intrusion it would be far more effective than the courts telling them to do X and them ignoring it.

    They can't as easily ignore an airport full of VERY angry passengers waiting in long lines to do it the "hard" way.

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