My petition to review the constitutionality of the TSA’s nude body scanner programs is presently before three judges of the Eleventh Circuit Court of Appeals, who are trying to figure out how much information the TSA can refuse to provide to me (or require me to keep secret), some of which is clearly non-disclosable (classified information) and others of which are laughable (copyrighted documents, documents stamped “For Official Use Only” — a designation invented by the TSA with no legal significance, etc.).
I received notice today that the government has filed these documents under seal (meaning not publicly) and ex parte (meaning I don’t get a copy) “at the request of the Court.” But, I’ve never seen that request. I’ve never been a party to — or even aware of — discussions where the Court woud have made such a request.
If the Court is going to insist on secret filings, it could at least be up front about it.