TSA To Make Nude Body Scanners Mandatory — No Right to Opt-Out!

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.

20 thoughts on “TSA To Make Nude Body Scanners Mandatory — No Right to Opt-Out!

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  1. I hope you succeed in nixing this madness. Not only did they reset the 60 day timer, they also weakened their Fourth Amendment defense.

  2. When I was 20 years old I did research where I was exposed to radiation. When I reached the maximum limit set back in 1975 they changed my job duties. I have always opted for the pat down for medical reasons and because I know Israel and Europe saw through this con game. I am livid that the TSA is given this power with no room for exceptions. Oh, I have a BS,

    MS, and
    DDS so probably know more science and radiation protocols than anyone in the F%$^$#^ TSA. Joe Kerwin

  3. FYI – apparently those of us with TSA Pre-Check are now going to be subject to random compulsory body scans.

    Yesterday I was flagged while going through the metal detector for Pre-Check in Akron, Ohio. The agent handed me a laminated green sheet and told me I was randomly selected for additional screening and needed to go through the full body screening machine.

    When I tried to opt-out I was told that was “no longer an option for those with TSA Pre-Check.”

    I pushed back until a manager was called over (and several other passengers were taking note of my distress), finally having to reveal my (very early) pregnancy to them as justification for my opt-out.

    To their credit, the agents immediately respected my opt-out and we moved forward with the pat down. That being said, there seems to be a lot of confusion about this new opt-out policy among agents on the ground. I was not given any assurance that my pregnancy will be sufficient opt-out justification in the future, just told that the rules had changed and those with TSA Pre-Check are not eligible for opting-out.

    1. Tara,
      Totally agree with you – they don’t know what and how…
      I dont like those scanners no matter what they say and feel your desire to opt out. Their response however, points to a fact that if they think its safer for you to opt out, then its automatically means its not safe enough overall. So Johnatan, use this in your courts, get those pricks responsible, make change!

  4. Hi Jonathan, thank you for your efforts on this very concerning matter. Thank you.
    I am quite concerned about this new law that the TSA is ” forcing” people to go through the full body scanner. My main concern is health issues…
    We don’t know yet what are going to be the effects on our bodies that the body scanners will be causing. That device gives radiation, and that cannot be healthy. I tend to travel a lot, and for me going to through the body scanners every time is not an option. I am wondering what can I do to prevent that from happening.
    Can the TSA really force you to go through the body scanner, is that legal? To me, does not sound legal. Where is our freedom?
    I am looking at this moment for a lawyer to know what are my rights so that when I travel I am prepared.
    Any suggestions?

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