Expertly wrapped in holiday cheer, the TSA shall receive on Friday a petition that asks the U.S. Court of Appeals for the 11th Circuit to consider: 1) whether the body scanner program is constitutional when the option to opt-out is removed, and 2) whether the TSA must engage in “notice & comment rulemaking” before making such a change. You all may remember that in 2013, the TSA “invited” (after being forced to by the Court of Appeals as a result of EPIC’s lawsuit) the public to submit comments regarding the nude body scanner program. Over 5,500 of us replied, and well over 95% of the comments were in opposition. The TSA still hasn’t responded to those comments, but yet feels that it can remove the opt-out procedure without again asking the public or considering our feelings regarding the scanners even with the opt-out option.
In short, TSA, I hope you have a Merry Christmas spent thinking about how you’ve been naughty this year — and every year.
Corbett v. TSA IV – Petition (.pdf)
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