Time and time again, the TSA had argued in lawsuits against the nude body scanners that part of why they fall on the “constitutional side” of the Fourth Amendment is that they are optional.
On Friday, the day all government assholery is disclosed, the TSA published a notice that they are updating the Privacy Impact Assessment relating to the nude body scanners as follows:
TSA is updating the AIT PIA to reflect a change to the operating protocol regarding the ability of individuals to opt opt-out of AIT screening in favor of physical screening. While passengers may generally decline AIT screening in favor of physical screening, TSA may direct mandatory AIT screening for some passengers.
That’s right — the TSA now claims it “reserves the right” to force passengers through the body scanners.
Actually, I think of this as good news. You see, my last lawsuit was thrown out because it didn’t make it to the right court within 60 days of the release of the scanners. By changing things around, they’ve now reset the 60 day timer AND adjusted the constitutional balance, meaning my petition will finally get heard.