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Old 07-16-2011, 02:27 PM  
orange orange is offline
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Appeals court upholds TSA's use of full-body scanners

updated 7/15/2011 4:20:45 PM ET


WASHINGTON A U.S. appeals court Friday upheld the use of full-body scanners to screen air travelers, but said the Transportation Security Administration should have sought public comment before deploying them.

The U.S. Court of Appeals for the District of Columbia Circuit ruled that the machines, known as Advanced Imaging Technology (AIT), were not an unconstitutional search and declined to halt their use despite TSA's failure to follow proper procedure.

Privacy advocates, who have strongly opposed the use of the machines, had argued their use constituted an illegal search under the U.S. Constitution's Fourth Amendment. They also said TSA failed to provide public notice that it was deploying them and to seek public comment.

"Any passenger may opt-out of AIT screening in favor of a pat-down, which allows him to decide which of the two options for detecting a concealed, nonmetallic weapon or explosive is least invasive," the three-judge panel ruled.

The court agreed that the deployment of the scanners, which allow screeners to see under a traveler's clothes in a bid to detect hidden explosives, was significant enough that the TSA should have sought public input.

"It is clear that by producing an image of the unclothed passenger, an AIT scanner intrudes upon his or her personal privacy in a way a magnetometer does not," Judge Douglas Ginsburg wrote for the panel, adding that the agency should have provided notice and sought comment.

The court sent the matter back to the TSA for action.

more: http://today.msnbc.msn.com/id/43773344/ns/travel-news/
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Old 07-16-2011, 03:07 PM   #2
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The money shot:
2. Fourth Amendment Claim

Finally, the petitioners argue that using AIT for primary screening violates the Fourth Amendment because it is more invasive than is necessary to detect weapons or explosives. In view of the Supreme Court’s “repeated[] refus[al] to declare that only the least intrusive search practicable can be reasonable under the Fourth Amendment,” City of Ontario v. Quon, 130 S. Ct. 2619, 2632 (2010) (internal quotation marks omitted), and considering the measures taken by the TSA to safeguard personal privacy, we hold AIT screening does not violate the Fourth Amendment.

As other circuits have held, and as the Supreme Court has strongly suggested, screening passengers at an airport is an “administrative search” because the primary goal is not to determine whether any passenger has committed a crime but rather to protect the public from a terrorist attack. See United States v. Aukai, 497 F.3d 955, 958–63 (9th Cir. 2007) (en banc) (passenger search at airport checkpoint); United States v. Hartwell, 436 F.3d 174, 178–81 (3d Cir. 2006) (Alito, J.) (same); United States v. Edwards, 498 F.2d 496, 499–501 (2d Cir. 1974) (Friendly, J.) (carry-on baggage search at airport); see also Illinois v. Lidster, 540 U.S. 419 (2004) (police set up checkpoint to obtain information about earlier crash); Mich. Dep’t of State Police v. Sitz, 496 U.S. 444 (1990) (sobriety checkpoint). An administrative search does not require individualized suspicion. City of Indianapolis v. Edmond, 531 U.S. 32, 41, 47–48 (2000) (individualized suspicion required when police checkpoint is “primarily [for] general crime control,” that is, “to detect evidence of ordinary criminal wrongdoing” unlike “searches at places like airports ... where the need for such measures to ensure public safety can be particularly acute”). Instead, whether an administrative search is “unreasonable” within the condemnation of the Fourth Amendment “is determined by assessing, on the one hand, the degree to which it intrudes upon an individual's privacy and, on the other, the degree to which it is needed for the promotion of legitimate governmental interests.” United States v. Knights, 534 U.S. 112, 118-19 (2001) (internal quotation marks omitted).

That balance clearly favors the Government here. The need to search airline passengers “to ensure public safety can be particularly acute,” Edmond, 531 U.S. at 47–48, and, crucially, an AIT scanner, unlike a magnetometer, is capable of detecting, and therefore of deterring, attempts to carry aboard airplanes explosives in liquid or powder form. On the other side of the balance, we must acknowledge the steps the TSA has already taken to protect passenger privacy, in particular distorting the image created using AIT and deleting it as soon as the passenger has been cleared. More telling, any passenger may opt-out of AIT screening in favor of a patdown, which allows him to decide which of the two options for detecting a concealed, nonmetallic weapon or explosive is least invasive.

Contrary to the EPIC’s argument, it is not determinative that AIT is not the last step in a potentially escalating series of search techniques. In Hartwell, from which the petitioners tease out this argument, the Third Circuit upheld an airport search that started with a walk-through magnetometer, thence to scanning with a hand-held magnetometer and, when the TSA officer encountered a bulge in the passenger’s pocket, progressed (according to the passenger) to the officer’s removing a package of crack cocaine from that pocket. 436 F.3d at 175–76. The court noted, however, that its opinion, while describing the search at issue there as “minimally intrusive,” did “not purport to set the outer limits of intrusiveness in the airport context.” Id. at 180 & n.10. Nothing in Hartwell, that is, suggests the AIT scanners must be minimally intrusive to be consistent with the Fourth Amendment.
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Old 07-16-2011, 03:07 PM   #3
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Old 07-16-2011, 03:12 PM   #4
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Another oppressor court working for the state and against the people.
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Old 07-16-2011, 03:13 PM   #5
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I feel better already. Cancer or sexual assault it's YOUR choice.
But not a couple ounces of C4. That's not YOUR choice.
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Old 07-16-2011, 06:34 PM   #6
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Originally Posted by KILLER_CLOWN View Post
I feel better already. Cancer or sexual assault it's YOUR choice.
You are correct on the choice part. It is your choice whether to fly or not. If you cannot tolerate the security procedures then you have a choice not to fly. Pretty simple really, to fly is a privilege, not a right, basic Social Studies there Killer...
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Old 07-16-2011, 08:12 PM   #7
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On the other side of the balance, we must acknowledge the steps the TSA has already taken to protect passenger privacy, in particular distorting the image created using AIT and deleting it as soon as the passenger has been cleared.
I thought the TSA had been caught saving some of the AIT images.
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Old 07-16-2011, 11:53 PM   #8
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But not a couple ounces of C4. That's not YOUR choice.
It's much more comforting to know it will only be less than 3 ounces of c4 that blows up instead of more than that...
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Old 07-17-2011, 12:39 AM   #9
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But not a couple ounces of C4. That's not YOUR choice.
Pointless, a terrorist could simply blow up the terminal and cause more casualties.
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Old 07-17-2011, 12:40 AM   #10
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Originally Posted by Dallas Chief View Post
You are correct on the choice part. It is your choice whether to fly or not. If you cannot tolerate the security procedures then you have a choice not to fly. Pretty simple really, to fly is a privilege, not a right, basic Social Studies there Killer...
Like i've stated before i quit flying and i don't want the airlines asking for another bailout. They will get my business again after the TSA is abolished.
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"If the people let government decide what foods they eat and what medicines they take, their bodies will soon be in as sorry a state as are the souls of those who live under tyranny." - Thomas Jefferson
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Old 07-17-2011, 12:20 PM   #11
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Old 07-17-2011, 03:08 PM   #12
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what an effing joke.
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Old 07-17-2011, 06:29 PM   #13
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Makes sense to me.
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Old 07-18-2011, 06:47 AM   #14
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Old 07-18-2011, 08:41 AM   #15
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Dandy




C'mon Bwana, fly the 'Friendly' skies.
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