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EPIC.org just won their lawsuit against the TSA for instituting their irradiating strip search program as the primary screening mechanism in airports without first getting public comment.

tl;dr: You still have to submit to the "choice" of either getting the irradiation strip search or the groping. At some point TSA will ask you for your feedback and then blithely ignore it.

https://epic.org/2011/07/court-tsa-violated-federal-law.html
https://epic.org/press/Press_Release_EPIC_v_DHS_Ruling_071511.pdf
https://epic.org/privacy/body_scanners/EPIC_v_DHS_Decision_07_15_11.pdf

Having read the full opinion, here's my summary of the court's ruling:
1. TSA should have gotten "notice and comment", because the scanner program does constitute a "legislative ruling" that has substantial impact on the public
2. The program does not violate the 4th amendment, because it's an "administrative search" applied to everyone. * Nor does it violate the Privacy Act or Video Voyeurism Prevention Act.
3. The court decided not to decide whether it violates the Religious Freedom Restoration Act because of a technical problem of standing, so this may come up again.
4. The court won't stop the program; it's just going to tell the TSA they're being naughty and have to do that whole public comment thing real soon now please.

* By this logic, it seems the court would be just fine with actually requiring everyone going through security to be physically strip searched… would you?


I wonder how/if I should revise my TSA rights flyer… (http://bit.ly/tsarights — if you have suggestions for improvement please let me know.)

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( 1 comment — Leave a comment )
chipuni
Jul. 17th, 2011 06:35 am (UTC)
On the full-body "pat down" procedure: Randall Munroe has a good update to the following strip:

( 1 comment — Leave a comment )

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