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Government

TSA Argues It Has Not Been Delaying a Court-Ordered Public Comment Period on ‘Nude-Body Scanners

Sep. 3, 2012 2:43pm
TSA Will Finally Host Public Comment Period for Nude Scanners Rules in February

(Image: Wikipedia)

Although the U.S. District Court of Appeals may have denied the Electronic Privacy Information’s Center’s case to outlaw the use of the Transportation Security Administration’s Advanced Imaging Technology – colloquially called the “nude-body scanners” — in 2011, it did however rule TSA must make its rules and regulations for use of the scanners subject to public comment.

The controversial backscatter X-ray machines have been argued by some to violate personal privacy.

Wired writes the agency was in violation of federal law for not holding a 90-day public comment period in the first place and was ordered by the court to “act promptly” in hosting one. It still hasn’t held this comment period, but in a response to the court published on Thursday, TSA states it will open the floor to public comments in Feb. 2013. It also defends itself saying there is “no basis whatsoever [... to assert] that TSA has delayed implementing the court’s mandate.” The court asked it to explain the delay earlier this month.

TSA notes it has “passed the first major milestone” in implementing this process — submitting documents for approval to the Department of Homeland Security. It also cites “significant personnel loss.” For these and a couple other reasons, TSA states:

Thus, there has been no unreasonable delay in complying with this Court’s mandate, much less the type of egregious delay that would warrant exercise of the Court’s mandamus powers. Further, while simultaneously expediting the initiation of a notice-and-comment period regarding its AIT program, TSA has taken substantial steps to address the privacy concerns discussed in the Court’s opinion.

The TSA also says the agency itself has waited for two and a half years for approval from DHS to host a comment period. It writes that in calling out the agency for a delay, the court reveals that it does not have accurate knowledge as to how long it takes to organize such an initiative.

“[The] petitioner’s repeated mandamus petitions reflect a fundamental misunderstanding of the nature of notice and-comment rulemaking and the time and resources required to develop a proposed rule. Petitioner has demonstrated no basis whatsoever for its demand for ‘a writ of mandamus directing the Secretary to undertake a public rulemaking within 60 days,’ or, alternatively, an order vacating ‘the [AIT] program.’”

With all this, Wired explains the agency will hold public comments and hearings on the Advanced Imaging Technology 19 months after it was ordered to do so.

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Comments (30)

  • TheLiberalsAreComing
    Posted on September 3, 2012 at 8:27pm

    There is absolutely no justification for the humiliation heaped on decent Americans boarding airplanes these days. This includes both these nude scanners and the physical molestation. The only explanation is that we have an administration with a policy of molesting decent people, to insult Americans and demoralize them. That is why I will never get on an airplane as long as this is going on. Why in hell aren’t people protesting this treatment????????

    Report this comment

    TheLiberalsAreComing  
    • MDDAWG
      Posted on September 3, 2012 at 9:00pm

      I totally agree, Libsarecoming. Unfortunately, many of us mus travel to survive in our particular professions.

      My wife and I were in Seattle going through security and she didn’t want to do the body scanner. I told the TSA agent that she didn’t want the radiation exposure. (I happen to know a lot about radiation exposure.) Anyway, the TSA agent proceeded to explain to me that there was no radiation, but that it was more like an ultrasound. (A complete, verifiable lie.) Then he showed me a monitor right next to te scanner that supposedly showed what the image looked like. It was a gumby type picture with absolutely nothing to do with the scanner. I sat back and watched my wife go through the scanner and it lit up an area on her lower leg where she has absolutely no metal. And she was in shorts. It is total BS. This whole organization is very threatening.

      Report this comment

      MDDAWG  
    • piper22
      Posted on September 3, 2012 at 10:36pm

      Seriously, try doing this to a federal agency hounding you for information about your business. Trust me wont what care what you’re excuse or rational is for timely response.

      Report this comment

      piper22  
  • U.N.hater
    Posted on September 3, 2012 at 7:50pm

    TSA is going to be everywhere soon. Soon they will be issued gun’s. So how far do we let the commi’s get to install’ing their version of brown shirt’s? I don’t believe i’m living in America with Americans anymore. Sad what is happen’ing to us can’t believe we’re just sitting and wait’ing for an election. If Obama does win the election how much more will we let him do to our country and family’s? Personaly i can’t afford 4 more year’s myself.

    Report this comment

    U.N.hater  
  • Fisher1949
    Posted on September 3, 2012 at 7:14pm

    They may allow public comment but will do what they want anyway.

    The Rapi-Scan x-ray scanners produce a naked image that Denver TSA area director Pat Ahlstrom, admitted “were graphic, no doubt about it.”

    Europe doesn’t allow the x-ray units to be used on children because they violate child pornography laws. The TSA version also has a screener viewing the nude image of children who passes through in violation of State and Federal child pornography laws.

    Germany banned them all of them and went back to metal detectors because of the 54% false positive rate and 40% failure rate.

    The scanners haven’t been independently tested for radiation despite multiple lawsuits and claims by radiologists that they pose a risk.

    TSA. Because nothing says “Amerika” better than treating citizens like criminals and exposing them to radiation for buying an airline ticket.

    Report this comment

    Fisher1949  
  • WAKEUPUSA2012
    Posted on September 3, 2012 at 4:17pm

    I thought glenn beck and the blaze were down with the police state that we are rapidly descending into. I mean the whole “war on terror” was just a gear up for the average liberty loving ameriKan citizen. Everyone has seen the articles, if you support individual liberty, the government thinks you are a terrorist. This what happens when you give up up a little bit of liberty, for a little bit of security. Out of controll agencies that want to dominate “we the people” We should all just listen to TIME2, Republicorp, Barber2 and therealconservative that way we can have a governemnt shill poseted outside our front doors at all times so no one has to worry about a scary muslim blowing us up. I mean more people die every year from honey bee stings compared to terrorist, the logical answer in the new ameriKa, LOCK UP ALL HONEY BEES.

    http://terrorismlegislationreviewer.independent.gov.uk/publications/report-terrorism-acts-2011?view=Binary

    Report this comment

    WAKEUPUSA2012  
    • 13th Imam
      Posted on September 3, 2012 at 4:36pm

      Clear as mud

      Report this comment

      13th Imam  
    • justangry
      Posted on September 3, 2012 at 4:44pm

      Yeah, I’m not sure what happened to GB. I’m definitely disappointed with him since he left Fox. For while I thought he was just at odds with his new found religious beliefs and his political beliefs, but that doesn’t explain the blackout and support for candidates such as Bachman and West that are every bit as complicit with the police state as anyone else. A lot of Mormon folks here seem smitten with Mittens even though his policies are identical to Obama’s on most issues. I’m to a point where I think he just sold his soul. $100 is a lot of dough. As for the folks that just attack us on every post we make, I’m not sure what their deal is. I’m wondering if, like GB, they’re paid to pacify the serfs. It’s obvious they despise freedom and individualism, and love fascism. There’s a difference between the average folks that disagree with us and those that stalk us like OCD lunatics. I’m hoping the average folks on here see them for what they are. I mean, even if they’re right one would think normal human beings would distance themselves from their dementia/stupidity.

      Report this comment

      justangry  
    • Wool-Free Vision
      Posted on September 3, 2012 at 5:06pm

      Dear WakeUpUSA2012,

      I am offended by your failure to include me alongside the patriots listed in your rant. I would consider it an honor if, in any future derision of TIME2, Republicorp, Barber2 and therealconservative, you would consider adding my name to that list of reasonable, intelligent American citizens.

      Thanks in advance.

      Sincerely Offended,
      Wool-Free Vision

      Report this comment

      Wool-Free Vision  
    • Wool-Free Vision
      Posted on September 3, 2012 at 5:17pm

      P.S.

      As a reasonable, intelligent American citizen myself, I would love nothing more than to see the entire Department of Homeland Security completely dismantled, with its purpose being served instead by an open line of communication between our more traditional internal security agencies such as the NSA and FBI. Furthermore, I would also love to see the TSA returned to its more traditional role as an investigator of airline, rail, and shipping disasters, instead of the bloated, burdensome, privacy-encroaching welfare project it has become.

      This is how reasonable, intelligent Americans feel about this subject. Just because we don’t consistently go on paranoid rants about it doesn’t mean we don’t want it dealt with.

      Report this comment

      Wool-Free Vision  
    • WAKEUPUSA2012
      Posted on September 3, 2012 at 5:31pm

      well then you are obviously new here and have not ever read any of my other post. Cause you would be hard pressed to find anyone more conservative than myself in slashing useless government agencies. But if you beleive in out of controll spending on a out of controll military industerial complex, Ill add you just as soon as I have the time, cause in that case you would be no small government conservative.

      Report this comment

      WAKEUPUSA2012  
  • Moozmom
    Posted on September 3, 2012 at 3:54pm

    What does it mean when I’ve flown 20 times from 4 different airports and only had one scan? They keep waving me past. My question is: am I ugly?

    Report this comment

    Moozmom  
    • RJJinGadsden
      Posted on September 3, 2012 at 4:16pm

      Back in the late ’70s, and forgive me because I can’t remember his name, but there was a Colonel or LTC who was the Commandant the Army Ranger School. His personal saying was “It’s a good day to be ugly.” I’d say to count your blessings and agree with him.

      Report this comment

      RJJinGadsden  
    • hi
      Posted on September 3, 2012 at 4:39pm

      You must look like a terrorist.

      Report this comment

      hi  
    • loriann12
      Posted on September 3, 2012 at 6:17pm

      My sister in law has flown to her homeland, the Netherlands about 15 times, and EVERY single time has been singled out for a RANDOM molestation, I mean pat down. She’s a buxom blonde.

      Report this comment

      loriann12  
    • bigdaddyt46
      Posted on September 4, 2012 at 6:34am

      when i came back from overseas and had to go through the US Immigration area. i was asked do you have anything to declare?
      i said yes i’m not wearing any underwear. they pushed me right on through. :D

      Report this comment

      bigdaddyt46  
  • stotlaat
    Posted on September 3, 2012 at 3:14pm

    TSA: Touch, See, Access. It’s a pervert’s job by design.

    Report this comment

    stotlaat  
  • randy
    Posted on September 3, 2012 at 3:08pm

    Scary thing….
    Is that dude wearing a thong? hahahaha

    Report this comment

    randy  
  • Opinionated_Man
    Posted on September 3, 2012 at 3:07pm

    Is it any surprise that ANY branch of the Obama regime is breaking the law?

    Report this comment

    Opinionated_Man  
    • justangry
      Posted on September 3, 2012 at 4:46pm

      Not at all. Ever wonder why the republican house funded this agency the past two years? I mean really if they weren’t in favor of it, they could have voted no on funding the TSA and nothing could be done about it. But yeah, it’s only Obama that screwing us.

      Report this comment

      justangry  
  • Micmac
    Posted on September 3, 2012 at 3:06pm

    I’ve stopped flying when this all started, on principle, and enjoy the drives.

    NoBama > MoBama

    Report this comment

    Micmac  
    • jcldwl
      Posted on September 3, 2012 at 4:10pm

      Myself included I will not give up my privacy rights to get in a flying metal tube full of other’s infectious illnesses, screaming babies, body odor, nasty smelly gas, booger picking fingers, etc. etc. etc. Just doesn’t make sense to do that. But oh well the TSA has plenty of sheep to keep them busy.

      Report this comment

      jcldwl  
    • Elena2010
      Posted on September 3, 2012 at 4:28pm

      Yep — I love audio books and The Teaching Company’s Great Courses. They are excellent traveling companions!

      Report this comment

      Elena2010  
  • Snowleopard {gallery of cat folks}
    Posted on September 3, 2012 at 2:59pm

    This is the TSA under Obama, why would any of us believe they will follow the laws they break with their illegal searches, molestation of kids and so much more daily?

    Report this comment

    Snowleopard {gallery of cat folks}  
  • jumbles
    Posted on September 3, 2012 at 2:53pm

    I can see that fella’s pecker,I guess he had no clean bollock bags.

    Report this comment

    jumbles  
  • progressiveslayer
    Posted on September 3, 2012 at 2:53pm

    The TSA with their porno machines just want to let everyone know they’re here to protect us. Just because they violate your fourth amendment right every time they sexually assault you,groping by high school drop outs,or their porno machine you don’t need to worry the pervs at TSA are here to protect you. Remember that every time that gloved hand violates you.

    Report this comment

    progressiveslayer  

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