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Professional Troublemaker

 Jonathan Corbett, Civil Rights Advocate

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TSA

Update: Newest TSA Carry-On X-Rays Can Indeed See Through Laptop Batteries

I just passed through a TSA checkpoint at Miami International Airport, where, during my pat-down after opting out of the body scanner, I was placed directly facing a monitor that showed a laptop that was being screened (notwithstanding that TSA policy is that such screens should be hidden from view of passengers).  From that image, it was clear that components underneath the battery of the laptop were indeed visible to the operator, and looked more like this image posted by bomb-detection specialists DSA Detection:

Laptop under AT X-Ray

In other words, lithium batteries are not completely opaque “black boxes” which airport x-rays cannot penetrate.

DSA Detection has been nice enough to publish a how-to guide to detecting explosives concealed in a laptop.  While the guide doesn’t go through how to detect an explosive specifically concealed within a battery, it is clear that the x-rays can penetrate through the battery.  Given that materials of different densities are color-coded differently, and given that the density of PETN is 1.77 g/cm3 and the density of C4 is 1.73 g/cm3, but the density of lithium metal is 0.53 g/cm3, there should be no reason why a properly calibrated x-ray with a well-trained and attentive operator cannot tell the difference between a lithium battery and a box filled with explosives.

Now, are the x-ray machines in the 10 airports subject to the current laptop ban of the newer technology which produces images like the one shown here, or the older that produces images like in my previous post?  I must assume that if DHS has used any logic whatsoever, these 10 airports are using the older technology and that’s why they’ve been shit-listed.  But there is no way all of Europe uses this older technology, and I truly hope that DHS’s European counterparts continue to resist the nagging of DHS to ban carry-on laptops anyway.  DHS should be helping any airport with inferior technology or training to get up to speed, not treating everyone outside of the country as if they are inept and inferior (especially when comparing others to the TSA… you know what they say about those in glass houses…).

Exclusive: Laptop Ban Reaction to X-Ray Equipment Stolen by ISIS

Carry-On X-Ray
Carry-On X-Ray Equipment.  Courtesy: Narita Airport

On March 21st, 2017, the U.S. Department of Homeland Security ordered airlines flying to the U.S. out of 10 airports, mostly in Muslim-majority countries in the Middle East, to refuse to transport any electronic devices of iPad size or greater in their passenger compartments.  This effective ban on in-flight laptop usage on these flights, all of which would be between 6 and 12 hours in duration, assuredly caused any airline who uses those airports as a hub to face massive losses as travelers rush to connect through Europe instead.  For the last several weeks, DHS has allegedly been considering expanding the ban to all airports in Europe as well, a move which European officials seem to have talked our government down from.

What has been missing from the story is, “Why?”  Authorities have only disclosed a generalized fear that laptops could be used to conceal explosives, and have expressly denied a specific threat.  But laptops have been around for decades, and as surely any sophisticated terrorist has heard of timers, why does it matter if you ban them from the passenger cabin if you allow them in the cargo hold?

A commercial aviation security official that I have verified but will not publicly name has explained the rationale to me: x-ray equipment of the variety commonly used for screening carry-on baggage disappeared a few months ago from a location in the Middle East, and it is suspected (perhaps even recently confirmed, given the desire to expand the ban) that ISIS members have stolen the equipment such that they can study how to properly conceal an explosive.  Given that a bomb smuggled in a laptop exploded at an airport security checkpoint in Somalia on March 6th, 2017, it appears DHS has concluded that the theft was related and laptops were the concealment method of choice.

X-rayed Laptop
An x-rayed laptop. The battery is in the lower right.

It’s not bad reasoning since lithium batteries are completely opaque to x-rays, and therefore a battery-sized metal box filled with explosives would look exactly the same [Edit – This is not true for the newest technology x-rays… read more…].  But, there’s three problems with the reaction that make the laptop ban the wrong idea:

  1. Once the laptop ban was put in place, anyone who planned to use a laptop to conceal a bomb was tipped off and will simply try another approach.  This is reminiscent of the failed “toner cartridge bomb,” after which the U.S banned toner cartridges from flights.  But obviously, a toner cartridge is only what they chose that day… a stereo, Xbox, or, well, laptop, would have worked just as well.  Likewise, just because they’re doing it in carry-ons now does not mean they won’t switch to checked baggage next.
  2. A laptop battery actually holds similar energy to a small bomb.  While it’s not easy to make a laptop battery release that energy all at once in an explosion, a fire in the cargo hold created by batteries malfunctioning (not Galaxy S7!) resulted in at least 2 deaths by plane crash so far (all-cargo, not passenger, flight, thankfully).  By forcing all these batteries into the cargo hold where a fire cannot be rapidly detected and contained, DHS would be countering any deceased risk of terror with an increased risk of fire.
  3. It is simply not economically viable.  Taking away what would surely amount to millions of man-hours of productivity every year is simply not the solution (exactly $1.1B of loss, industry group IATA estimates, quite conservatively in my opinion).  It would be far less economically impactful to swab every laptop that comes through the checkpoint for explosive trace residue.

So why was the stolen x-ray equipment kept a secret?  I asked my source if there was some security reason for keeping the stolen x-ray equipment from the public, and was told, unequivocally, no.  “It’s because the mom from the midwest planning to fly her kids to Disney would freak out.  They are worried that people would stop flying if they knew.”

My thought would be that the public would be much more understanding if the government was more forthcoming.  But apparently the U.S. government feels that you can’t handle the truth and therefore hides behind secrecy laws to withhold the full story.  This hiding is, of course, illegal, since, with exceptions not relevant, to withhold information as “sensitive security information” (SSI) requires that the release of the information would be “detrimental to the security of transportation,” not detrimental to mom’s willingness to go on vacation (49 C.F.R. § 1520.5(a)(3)).  The TSA, a sub-component of DHS, is well-known for using the · SSI designation in an · “inconsistent and arbitrary” nature, as well as merely to avoid embarrassment, so it is not particularly surprising when the parent agency does so as well.  [I have reached out to the DHS press office, which has declined to comment on this story.]

(Note that my source did not specify whether this information was SSI, classified, or otherwise protected, but I assume it is presently SSI and not classified given my source’s role and reports that U.S. authorities have discussed the situation with airline officials, which would not be done for classified information.)

Putting together one more piece of the puzzle, it seems to me that the classified information leaked by President Trump to the Russians earlier this month was very likely the details (beyond that which are reported here and beyond my knowledge) about the how the government was able to infiltrate ISIS to investigate the use of the stolen x-ray machines.  Most news organizations did not report the nature of Trump’s disclosure other than that it related to “a plot by Islamic State,” although the Washington Post actually did describe it as laptop-ban related.   So at the same time as the American people are mislead about the risks of flying, the Russians were given more information than the airlines and airport operators who are responsible for actually keeping bombs off of planes.

So, to recap: the government lied to us when they said there wasn’t a specific threat, they withheld information from us because they thought we’d be scared, and they implemented a laptop ban that will be ineffective and expensive at best, dangerous (as a result of increased fire risk) at worst.  Business as usual.


“Jon Corbett is a civil rights advocate known for filing the first lawsuit against the deployment of TSA nude body scanners, as well as defeating the body scanners live in ‘How to Get ANYTHING Through TSA Nude Body Scanners.’  Presently a law student, he continues to advocate for travel and privacy rights.  Twitter: @_JonCorbett, Web: https://professional-troublemaker.com/

Fighting for civil rights in court is expensive!  Want to contribute to the fight against government assholery? Donate via PayPal, Venmo, Chace QuickPay, Bitcoin, or check

Fully Briefed: Can TSA Refuse Body Scanner Opt-Outs?

This blog began in 2010 to document my lawsuit against the beginning of the TSA’s body scanner program.  From that time until 2015, the body scanner was “optional” for all passengers — so long as you didn’t mind being molested by a blue-gloved screener during their “full-body pat-downs.”  This was part of the reason that no court has struck down these body scanners as unconstitutional: because, they say, passengers are consenting to use them (even though that “consent” is coerced by offering the alternatives of “let us touch your junk” or “don’t fly”).  But, at the end of 2015, the TSA announced that they would reserve the right to refuse to allow these body scanner “opt-outs” at their discretion, and I immediately filed suit.

There are two really interesting issues in this case that I hope may cause a wrinkle for the TSA:

  1. The original body scanner rule in 2010 was issued without “notice-and-comment rulemaking,” a procedure required by Congress whereby agencies that make rules first have to ask the public for input.  The U.S. Court of Appeals for the D.C. circuit ruled that the TSA violated this procedure and, although normally that would require them to stop enforcing the rule (i.e., stop using the body scanners), the Court, fearful that the body scanners actually protect us, simply ordered the TSA to take comment after the fact.  The new body scanner rule limiting opt-outs was also issued without public comment, and I’ve asked the court to, this time, put some teeth into forcing the TSA to actually follow procedure before issuing a rule.
  2. The TSA is arguing that it needs to be able to force some passengers through the body scanner because, they allege, it is more secure than a full-body pat-down.  But, this is objectively untrue.  Besides the fact that I proved the scanners to be beatable in 2012, think about this: if one alerts a body scanner, the result is… a pat-down of the area of the body that generated the alert!  How could this possibly be more secure than a full-body pat-down that would have touched that area of the body and more?  The function of the body scanners is to narrow down those people who do not need to be patted down to save time, not to make a pat-down more secure.  Body scanners don’t find weapons — pat-downs do.

tsa_is_absurd

This case lives in the U.S. Court of Appeals for the Eleventh Circuit, and the procedure for cases there is a written brief filed by the person filing the case, an opposing brief filed by the other side, and then a reply brief again by the filer, after which the court may rule on the case.  Yesterday I submitted my reply brief after nearly a year and a half of delay, and so, the case is now “fully briefed,” meaning the judges can decide it at any point (or can ask for the parties to argue in-person, or can ask for more evidence, or, basically, whatever they want).  Realistically, I expect it more likely that they will decide without in-person arguments, probably towards the end of the summer.  I’m not holding my breath — the game is rigged, and the TSA gets almost complete control over what evidence the court sees, some of which I don’t even get to see (wouldn’t want the public to see things like how often their testing shows the body scanners miss a weapon, because that would be, well, embarrassing).

Corbett v. TSA IV – Reply Brief (.pdf)

Corbett v. TSA IV – Appellee Brief (Redacted) (.pdf)

Corbett v. TSA IV – Opening Brief (article)

Corbett Files Amicus Brief in “Naked Man at TSA Checkpoint” Case

John Brennan's Nude Protest at PDX TSA Checkpoint

Although it is discouraging how many people go through TSA checkpoints and submissively comply with (or even show appreciation for) security theater, there are several Americans who have made loud statements.  Interestingly, the name “John” seems to increase one’s likelihood of making a stand: John “Don’t Touch My Junk” Tyner, John “You Don’t Need My ID” Gilmore, yours truly Jon Corbett (if I do say so myself!), or in this case, a man named John Brennan.

In April 2012, Brennan found himself at Portland’s airport, opting-out of the scanner and allowing the TSA to pat him down.  But, upon the completion of the pat-down, the molester screener tested his gloves for explosive residue, resulting in a false-positive.

False positives are not exceedingly rare (in fact, every positive has been a false positive, given that the TSA has found 0 terrorists since its inception in 2002), and the TSA has a procedure for when this happens: take you to a back room, and use the front of their hands to rub your genitals.  No hyperbole here, folks: this is exactly the procedure, and the one thing I make sure all my friends and family know about TSA screening is that it is better to miss your flight than to go to the back room with a TSA screener.  Regardless of what they threaten, do not go.

But Brennan had a better idea: he simply took off all his clothes, right there in the checkpoint, and asked the TSA if it looked like he had a bomb.  Predictably, the TSA overreacted, refused to screen him, closed the checkpoint, called the police, and had him arrested.

Only problem is, nude protests in Oregon are completely legal, and a judge entered a verdict of acquittal without even letting the case get to a jury.

Dissatisfied with this, the TSA imposed a civil penalty against Brennan under a federal rule that punishes those who “interfere with, assault, threaten, or intimidate screening personnel in the performance of their screening duties.” 49 C.F.R. § 1540.109.  Brennan took the case to the U.S. Court of Appeals, where the TSA argues, with a straight face, that any “failure to obey” or causing of a “distraction” constitutes “interference” under the rule and subjects you to a fine.

Fuck that.

The U.S. Supreme Court has squarely rejected “contempt of cop” laws, whereby those who do not “obey” random orders of police officers can be fined.   Chicago v. Morales, 527 U.S. 41 (1999).  The idea that we should give TSA screeners more authority to force us to submit to their every wish than a police officer is absurd, offensive, and dangerous.  As such, I’ve filed a motion to consider an amicus curiae (“friend of the court”) brief, where I’ve outlined for the Court how the TSA has abused the power they already have, and how an expansion of that power will allow TSA screeners to arbitrarily curtail the First Amendment rights (among other rights) of anyone at the checkpoint under threat of fine. (I can only imagine how many times I’d have been fined were the TSA confident they could do so merely for being annoying!).  It also discusses the Morales case, above, which Brennan’s attorney didn’t bring to the court’s attention…

To the extent the public was injured on April 17th, 2012, it was not injured by John Brennan removing his clothes, but rather was injured by the TSA and airport police attempting to quash a constitutional right that Americans hold close to our hearts: our right to petition our government for redress. For the foregoing reasons, the Court should decline to allow the TSA to become a discount legislator, police officer, prosecutor, judge, and jury, and accordingly set aside the order levying a fine against John Brennan.

This was my first amicus brief ever, and they’re kind of fun to write because you have to be concise, but get to discuss only the issues that you personally care about.  Would definitely do again!

Brennan v. D.H.S. – Proposed Amicus Brief of Jonathan Corbett (.pdf)


“Jon Corbett is a civil rights advocate known for filing the first lawsuit against the deployment of TSA nude body scanners, as well as defeating the body scanners live in ‘How to Get ANYTHING Through TSA Nude Body Scanners.’  Presently a law student, he continues to advocate for travel and privacy rights.  Twitter: @_JonCorbett, Web:https://professional-troublemaker.com/

Fighting for civil rights in court is expensive!  Want to contribute to the fight against government assholery? Donate via PayPal, Venmo, Chace QuickPay, Bitcoin, or check

So What’s This “New” TSA Pat-Down?

About a couple weeks ago, the TSA announced that it would be “enhancing” its pat-down by, basically, “touching your junk” a bit more.  There was apparently enough concern about its intensity that the TSA warned police in advance that it might generate sex assault complaints.

You may have noticed this blog was conspicuously quiet on the matter, and that’s because of both conflicting reports as to the scope of the updated groping and because of some inside knowledge on what the TSA is up to.  But, having gone through the TSA’s pat-down today and LGA, here’s the deal:

First, if you’re getting a pat-down because you alarmed the body scanner, it’s going to be a full-body pat-down despite the fact that the scanners were specifically designed to point out the specific area of the body upon which an item was detected.  From what I could see at the checkpoint, this is a much briefer version of the opt-out pat-down, but still touched every area of the body.

Second, if you’re getting a pat-down for a reason other than alarming the body scanner (e.g., you opted out), the only difference I noticed was that the “groin search” used to involve several vertical back-of-the-hand swipes from your bellybutton to your crotch, it now is 3 horizontal swipes (from hip to hip) followed by 3 vertical swipes.  It’s slightly more invasive, but given that the TSA was all up in your crotch before, it’s not that big of a change.

In conclusion, the only place you’re likely to notice a change is if you alarm the body scanner.  Given that about half of people were getting patted down by this supposedly brilliant technology while I was watching today (and, of course, the pat-downs finding nothing), that may be significant if you weren’t already opting out.

Given that chances are you may get a pat-down anyway, may as well opt-out, eh?

TSA Quietly Forcing Some Passengers To Go Through Body Scanner *And* Pat-Down — Even If Body Scanner Says Clear!

tsa_molestation_or_radiation

Image credit: DDees.com

 

When the TSA announced in 2015 that for “some passengers” they were eliminating the body scanner opt-out option, which allowed passengers to be screened via pat-down instead of body scanner, they phrased it 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. … The individual will undergo physical screening if ATR alarms for the presence of an object.”

For those not into TSA jargon, AIT = body scanner, ATR = the software on the body scanner that allegedly detects stuff on your body, and “physical screening” = pat-down.

But, new documents I obtained in my lawsuit against these policies (source, pp. 27, 28) show that they lied about a key fact: if you are selected as one of these “some passengers,” you will be screened with both body scanner and pat-down, even if the body scanner does not alarm:

“That does not preclude TSA from determining that security considerations may sometimes justify exceeding the baseline established by the pat-down technique by requiring certain passengers to undergo both AIT screening and a pat-down—two screening methods that provide distinct benefits when used in tandem. … These [redacted] empirical findings supply ample justification for TSA’s decision to require selectees to be screened using both AIT scanners and a pat-down, without the ability to opt for a pat-down alone.”

Further, the pat-down you’ll receive in this scenario has been modified, although the TSA has redacted from the document exactly how (my best guess, based on my research of all documents and the TSA’s past treatment of passengers selected for additional screening, is that your “sensitive areas” will be touched with the screener’s front-of-hand, rather than back-of-hand).

So, who are these “some passengers” that the TSA is subjecting to both a scan and a proper groping?  As discussed in my previous post on this lawsuit: anyone can be randomly selected for this treatment.  If you’re on the TSA’s “we think you might be a terrorist” list, you’ll be a “selectee” every time you fly.  But, if you buy a one-way ticket with cash, or something else the TSA finds to be “suspicious,” or even if you don’t and you just get unlucky, you can now expect blue gloves between your legs.

It is highly troubling that the TSA is demanding invasive double-searches without disclosing their intentions to the public.  And what does this say about the nearly $2B body scanner program, if the TSA feels the need to pat people down after using them?  Clearly it shows that the TSA knows the body scanners can easily be beaten, so why have them at all?

The reason, of course, is [REDACTED] — the best way to avoid being accountable to the people.

Another Day, Another Mental Health Failure, Another Mass Shooting in a “Gun-Free Zone,” Another “Before the Checkpoint” Tragedy

fllshootingAs you probably heard, a man today pulled out a gun in the non-secure area, near baggage claim, of Ft. Lauderdale/Hollywood Int’l Airport (FLL) and shot and killed at least 5 people, wounding several more.

The man was identified by the media as a 26 year old active U.S. Army soldier with no immediately apparent motive.  And I sit here shaking my head, because this brings up not 1 but 3 recurring themes in our society that we simply refuse to address:

Mental healthcare is lacking, especially for our military.  I’ve watched enough of my fairly well-functioning (i.e., hold down jobs) friends let anxiety, depression, or other mental health conditions go untreated or under-treated because treatment is simply too expensive.  But for those without resources — such as the homeless, or those that come back from war injured or deeply traumatized — the rates of untreated mental illness are astounding.  A report from a year and a half ago noted that going to the VA to seek mental health treatment can result in waits up to 279 days, and yesterday the L.A. Times reported that there are 1,200 veterans in that city who don’t even have a roof over their head.  The cost to our society of letting mental illness go treated far exceeds what we would spend on treating it, and when we refuse to provide it to people who go to war for us, we are flatly failing our duty to those people.  I am certain the 13 people with bullet wounds in Broward County today would agree.

Gun-free zones don’t work.  As a Florida weapons license holder, I’m aware that Fla. Stat. 790.06(12)(a)(14) prohibits me from walking into the baggage claim area of an airport with a firearm, essentially making all airport structures “gun-free zones.”  I remember thinking how stupid this was while picking up a friend at FLL airport a couple years ago, because any law-abiding citizen before the security checkpoint is now a target for criminals who know they don’t have guns.  I can’t imagine how infuriating it would be to have left your weapon in your car, out of a desire to comply with the law, while helping mom with her suitcase, only to become the next victim.

Pre-checkpoint airport attacks are in vogue, and the TSA makes it worse.  Over the last decade, there have been several incidents of violence committed by individuals in airports prior to security screening.  Domodedovo airport bombing (2011), LAX airport shooting (2013), Ataturk airport bombing/shooting (2016), etc. etc. etc.  The TSA, by creating lengthy checkpoint lines that over the last year have often exceeded 1 hour, has created a target that, again, criminals know is unarmed and unable to fight back.  What is the point of putting your blue-gloved hands all over our bodies to ensure that we don’t hurt people on an airplane when any terrorist could just blow/shoot up the checkpoint instead?  To make sure that airplanes aren’t used as missiles 9/11-style?  Because we fixed that problem with re-enforced cockpit doors and changing our mindset from “comply with hijackers so they’ll let you go” to “fight them to the death in the sky, even if it means risking the plane.”  Airport screening should be quick and expedient, looking for the most dangerous items and ignoring your Swiss Army knife, bottle of water, and 10 oz. shampoo bottle, such that there is never a line of more than a few people.  This can be accomplished by adjusting policies, throwing out the scanners (or selling them to fascist regimes where they belong), and putting bomb-sniffing dogs at the checkpoints.

This shooting makes me angry, because it is a perfect demonstration of what we, as a society, are screwing up and refuse to fix.

TSA: We May Force You to Go Through Body Scanners Because… Well… We Can’t Tell You

tsagropeAt the end of 2015, the TSA snuck in a pre-holiday amendment to their body scanner opt-out policy: that passengers may “generally” opt for a pat-down instead of the body scanner, but the TSA reserves the right to require the body scanner.  I immediately filed suit, asking the U.S. Court of Appeals to reverse this arbitrary change made in the face of 94.0% public opposition to the body scanners and the fact that I made readily apparent in 2012: that the body scanners simply don’t work.

A year later, we finally have the government’s position on the matter.  First, I’m reminded that I’m complaining for no reason:

“AIT screening presents no greater intrusion upon passenger privacy than the walk-through metal detectors previously deployed at airport checkpoints”

…which is why 94% oppose them.

Next, I’m told that I shouldn’t concern myself with the matter, because only “selectees” will lose their right to opt-out:

“[T]he challenged AIT screening policy applies only to individuals who have been issued a boarding pass with an “SSSS” notation indicating that they have been selected for enhanced screening.  This notation generally means that the passenger in question is a ‘selectee.’  Selectees are individuals who are ‘[k]nown or suspected [t]errorists’ or who have been ‘identified as [posing a] higher risk’ to airline security ‘based on intelligence [redacted].’  Additionally, as of July 2016, TSA has instituted a policy under which [redacted] airline passengers are randomly designated as selectees for the purpose of a particular trip.”

…but that last sentence is, of course, the problem and, frankly, is what we all already know: that you can be Mother Theresa and still end up with a blue glove between your legs because because the TSA has randomly made you a “selectee.”

But, let’s ignore that for a moment.  There’s a more pressing question: Why does the TSA feel that someone with a higher “risk” level (whether because they are a suspected terrorist, or were randomly selected to be treated like one) should be screened by body scanner rather than a pat-down?

“[Redacted].  Covert tests also suggested selectees could [redacted] opting out of AIT screening in favor of a pat-down.”

Ah, that clears it up.  The TSA, allegedly, found some scenario where it’s easier to beat the pat-down than the body scanners, but doesn’t want to tell us what that is.  But, what about the very real scenarios where the body scanners are easier to beat than the pat-down?  That, of course, isn’t discussed at all.  Once again, the TSA blindly chooses these high-tech, high-price, highly-invasive gadgets when very effective alternatives exist.

The case continues as I get an opportunity to file a reply brief.  I’ll also be asking the court to appoint counsel with a security clearance to review the redacted brief and represent my interests, because hiding the rationale for a policy that is being challenged for arbitrariness from the person challenging it doesn’t exactly lend itself to a fair day in court.

Corbett v. TSA – Appellee Brief (Redacted) (.pdf)

 

Briefed: Can the TSA Eliminate the Pat-Down “Opt-Out?”

petSince the nude body scanners were introduced by the TSA as primary screening in Fall 2010, they have always maintained that use of the technology is optional: that if you wanted, they would instead simply molest you using their new “pat-down” rather than use radiation to image your nude body.  Not exactly a pretty choice, but it was some choice nevertheless.

Five years later, after all the dust had settled over the lawsuits by passengers who felt that the TSA’s new screening techniques were unconstitutionally invasive (and down-right stupid considering that despite being the most intrusive search they had ever implemented, they were blatantly ineffective), the TSA doubled-down on their scanners and announced to passengers that they reserve the right not to honor “opt-out” requests in the future.  This new announcement flew in the face of the 94% of the public who formally told the TSA to ditch the scanners, and me being one of that 94%, I immediately filed suit in the U.S. Court of Appeals for the 11th Circuit.  Two other lawsuits were filed by EPIC and CEI, alleging that the TSA improperly disregarded that 94%.

It’s amazing how long these things take to progress.  It’s 7 months into the lawsuit and I just filed my principal argument, the appellant’s brief — a written statement of the entire case.  Those 7 months were filled largely with the TSA bickering about how much information they had to release to me, which resulted in the end with several thousand pages landing on my doorstep.  I’ll be posting those pages, known as the “administrative record,” shortly (scanning thousands of pages is an effort!), along with a few highlights (including, “How Any Terrorist Can Get Pre-Check,” an exposé on why the Pre-Check system is bullshit), but what was most interesting about them is they showed zero basis for their decision to eliminate the opt-out.  As I explain in my brief:

The Administrative Record is illuminative on the reasons for adopting the body scanner and pat-down program as primary screening in 2010 [Ed – Not that they were good reasons, but they were reasons.]. There are many documents that address the effectiveness of the body scanners and provide some evidence of cost/benefit thought process and procedures by which the program is tested. See, e.g., Admin. Rec., Vol. 4, p. 3893 (results of body scanner field testing). However, the elephant in the room is that there is no discussion on the effectiveness of the pat-down component of the program, nor a comparison between how likely a body scanner is to find a dangerous item on a passenger as compared to a pat-down.

Full brief below…

Corbett v. TSA IV – Appellant’s Brief (.pdf)


Civil rights advocacy is expensive!  Want to contribute to the fight against police abuse, TSA assholery, and other civil rights issues? Donate via PayPal, Venmo, Chace QuickPay, Bitcoin, or check

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