The Nude Scanners May Be Leaving, But TSA Scanning Still a Scandal

b0e041464e2c1e499f7cca7d28fcf1765867 The Nude Scanners May Be Leaving, But TSA Scanning Still a Scandal

This is from last week, but only came to my attention today, via
the Competitive Enterprise Institute (where I held a fellowship in
1999): Some interesting lack of enthusiasm for the kinda-good news
that the Rapiscan body imaging machines are being removed by June
from airport checkpoints by TSA, noted
here at Reason
24/7.CEI’s Marc Scribner thinks TSA
scanning is still a scandal:
….What happened [last week] is that the TSA is ending its
contract with OSI (parent of Rapiscan Systems), manufacturer of the
original whole-body scanner, because OSI was unable to meet its
deadline to come up with software capable of generating the newly
required “gingerbread man” passenger depictions through its
backscatter X-ray machines….
The core issues that TSA has repeatedly failed to address began
with TSA’s flouting of the law that required them to conduct a
notice-and-comment rulemaking under the Administrative Procedure
Act. Public and expert comments were never solicited and never
taken into account before the TSA began purchasing and deploying
these machines. It remains to be seen if they are at all effective
in reducing risks to air traveler safety….
The Electronic Privacy Information Center (EPIC) filed
suit against the TSA’s illegal deployment of whole-body
scanners. A court later ordered that the agency was in fact in
violation of the Administrative Procedure Act and that it must open
the required notice-and-comment rulemaking proceeding. A year after
the court’s order, the TSA still had not complied. EPIC petitioned
for a writ of mandamus in an attempt to force the agency to
promptly begin the proceeding they are legally required to conduct.
The Competitive Enterprise Institute led a diverse coalition
supporting EPIC’s petition, filing
an amicus brief on the coalition’s behalf. The court
rejected EPIC’s mandamus petition, but in doing so
effectively set
a timetable for the TSA to begin its legally required
rulemaking proceeding. The TSA is obliged to announce the
proceeding no later than the end of March.
In August, former American Airlines Chairman and CEO Robert L.
Crandall and I coauthored
an op-ed explaining why the TSA’s use of scanners is both
illegal and likely just another cog in the federal government’s
growing apparatus of counterproductive aviation security
policies…
….While it is true that the millimeter wave scanners coupled
with the “gingerbread man” software are less intrusive than the
backscatter X-ray machines they are replacing, the underlying
problems with whole-body imaging such as the lack of sound, risk-
and cost-based security policy and the TSA’s continued lawless
behavior remain unaffected.
In October, the Supreme Court alas
passed up a chance to decide whether airport scanners might
violate the 4th Amendment.TSA: Still a
Menace, I wrote back in 2011.Remember when it seemed possible to argue that merely
asking for I.D. at airports might violate our rights? Ah,
2003!

See original article here: 

The Nude Scanners May Be Leaving, But TSA Scanning Still a Scandal


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