TSA Denies Ignoring Court Order Over Body Scanners
Posted By admin On August 31, 2012 @ 9:15 am In Featured Stories,Steve Watson Articles,Tile | 4 Comments
Steve Watson
Prisonplanet.com
[1]
Aug 31, 2012
The TSA has denied that it is defying the law by ignoring a now more
than one year old court order to conduct a public comment process with
regards to its use of so called naked body scanners.
The machines have been systematically rolled out in airports
throughout the nation over the last three years without public
consultation. This act has been ruled by the U.S. Circuit Court of
Appeals for the District of Columbia to be a violation of federal law [2]. Earlier this month, the court finally ruled [3]
that the TSA had until August 30th to to provide a reason why the
agency has not held public hearings on guidelines for the body scanners.
That deadline expired yesterday and the TSA has responded.
In a court filing issued yesterday, the TSA claimed that there was “no basis whatsoever for (the) assertion that TSA has delayed implementing this court’s mandate [4].” (.pdf)
The agency again cited “staffing issues” as a reason for the delay,
and claimed it cannot yet release documents pertaining to the rollout of
the scanners and the decision that was taken in 2009 to make them the
“primary” method of security in airports all over the country.
The TSA says it is awaiting approval from the Department of Homeland
Security and the Office of Management and Budget in order to release the
information to the court.
The agency also added that it expects to be able to begin public
hearings on the scanners by the end of February 2013, a full 19 months
after the original court order mandating it to do so, and almost four
years after it rubber stamped the deployment of the machines.
The
Electronic Privacy Information Center (EPIC), which originally brought
the case, had attempted on no less than THREE occasions over the past 12
months to get the court to enforce the law on the TSA.
In its petition, EPIC notes that the agency’s delay in acting poses
risks to travelers, defies the Court’s authority, and is flat out
unlawful.
The TSA had argued that it “should not have to stop every five
minutes for comment and rulemaking”, and that it did not have the
resources to do so in any case.
EPIC has previously argued in court that body scanners are “invasive,
unlawful, and ineffective,” and that the TSA’s deployment of the
devices violated the U.S. Constitution and several other federal
statutes. The rights group is pursuing a case to completely suspend use
of the scanners in airports.
EPIC has received support for its action against the TSA from The Competitive Enterprise Institute [5], which issued a brief [6]that
argues that the TSA’s claims that it does not have the resources to
comply with the public rulemaking process are entirely bogus:
“If the TSA is unable to manage its tremendous budget of nearly $8
billion in a manner that enables the agency to follow well-established
laws, this Court is obligated to exercise its authority to compel the
agency to follow duly enacted laws.” the brief reads.
“Curiously, the obstacles responsible for the TSA’s delayed
rule-making here do not appear to have forestalled the agency’s
aggressive deployment of AIT scanners in airports nationwide.” it
continues.
“This course of conduct is hardly indicative of an agency so starved
for resources that it cannot comply with a straightforward judicial
mandate within one year. Moreover, the TSA’s purchase of hundreds of new
scanners after this Court’s July 2011 decision in EPIC suggests the
agency intends to continue doing as it pleases without regard to public
input or duly enacted laws.”
The TSA responded Thursday, stating; “In preparing the proposed rule,
TSA has addressed significant developments in AIT technology that have a
major impact on the privacy concerns stressed in the EPIC petitioners’
lawsuit. In particular, TSA has addressed the development of Automated
Target Recognition technology, which enhances privacy protection in the
screening process.”
CEI and EPIC have also been joined in their calls by The Electronic Frontier Foundation (EFF) and The Cato Institute.
Jim Harper, the director of information policy studies at the Cato
Institute, recently issued a petition to the White House on the matter.
However, just as the petition was set to reach a total of 25,000
signatures, at which point the President is obligated to publicly
respond, it was mysteriously pulled from the White House website [7],
never to return. Officials claimed the site had gone down for
“maintenance” and then claimed the petition had expired during that
time.
The federal government has invested close to a billion dollars so far
into a fleet of 800 scanners, and the TSA has outlined plans to buy
nearly 1,000 more in the next two years.
The TSA is continuing to roll out more full body scanners in airports across the country despite the fact that a recent Congressional report [8]concluded
that the agency “is wasting hundreds of millions of taxpayer dollars by
inefficiently deploying screening equipment and technology to
commercial airports.”
Another recently discovered Homeland Security report [9]noted that federal investigators have “identified vulnerabilities in the screening process” involving the scanners.
The reports provided a basis for renewed investigation of claims made
in March by Engineer Jon Corbett who posted a video of himself
demonstrating how the body scanners can easily be bypassed. [10]
The TSA initially responded to the revelations, describing Corbett as
“some guy” who had launched a “crude attempt to allegedly show how to
circumvent TSA screening procedures.”
The agency failed to even address the fact that Corbett had proven the body scanners could be easily defeated, and then it threatened journalists not to cover the story [11].
Corbett has continued his efforts to expose flaws in the body scanner
program by interviewing TSA whistleblowers who have admitted that the scanners routinely fail [12]to
pick up prohibited items such as knives, guns and powder designed to
resemble explosive material. Corbett also recently testified in a
congressional hearing on the scanners.
As we have previously noted, multiple [13] other security experts [14] have gone on record [15] saying that the scanners are ineffective.
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Steve Watson is the London based writer and editor for Alex Jones’ Infowars.com [16], and Prisonplanet.com [1]. He has a Masters Degree in International Relations from the School of Politics at The University of Nottingham in England.
Article printed from Prison Planet.com: http://www.prisonplanet.com
URL to article: http://www.prisonplanet.com/tsa-denies-ignoring-court-order-over-body-scanners.html
URLs in this post:
[1] Prisonplanet.com: http://prisonplanet.com/
[2] violation of federal law: http://www.google.co.uk/url?sa=t&rct=j&q=tsa%20public%20comment&source=web&cd=6&ved=0CF0QFjAF&url=http%3A%2F%2Flegaltimes.typepad.com%2Fblt%2F2011%2F07%2Fcourt-tells-tsa-to-allow-public-comment-on-body-scan-screening.html&ei=uXQJUPDPE4qy0QXlwomxCg&usg=AFQjCNGXyLSpBG9myWHXNpP9SvscGo0JWQ
[3] ruled: http://epic.org/privacy/body_scanners/EPIC-v-DHS-Order-8-1-12.pdf
[4] implementing this court’s mandate: http://www.wired.com/images_blogs/threatlevel/2012/08/tsaresponse.pdf
[5] The Competitive Enterprise Institute: http://rotor.com/Publications/RotorNewssupregsup/tabid/177/newsid1237/76087/mid/1237/Default.aspx
[6] a brief : https://www.eff.org/document/brief-amici-curiae-supporting-epics-petition-writ-mandamus
[7] mysteriously pulled from the White House website: http://boingboing.net/2012/08/12/white-house-tsa-petition-goes.html
[8] Congressional report : http://oversight.house.gov/wp-content/uploads/2012/05/5-9-2012-Joint-TSA-Staff-Report-FINAL.pdf
[9] Homeland Security report : http://www.oig.dhs.gov/assets/Mgmt/OIG_SLR_12-06_Nov11.pdf
[10] body scanners can easily be bypassed.: http://www.prisonplanet.com/tsa-tacitly-admits-1-billion-dollar-body-scanner-system-is-critically-flawed.html
[11] threatened journalists not to cover the story: http://www.infowars.com/tsa-threatens-msm-reporters-over-coverage-of-body-scanner-story/
[12] scanners routinely fail : http://www.infowars.com/tsa-whistleblower-body-scanners-routinely-fail/
[13] multiple: http://www.thepeterboroughexaminer.com/ArticleDisplay.aspx?e=2250625&archive=true
[14] security experts: http://www.israelnationalnews.com/News/News.aspx/137184#.T6p-8-g7VEM
[15] gone on record: http://www.dailymail.co.uk/news/article-1240193/Body-scanner-wouldnt-foiled-syringe-bomber-says-MP-worked-new-machines.html
[16] Infowars.com: http://infowars.com/