I got the following from Cleveland in response to one of my Freedom of Information Act requests requesting checkpoint video of me defeating the nude body scanners:

Information contained in the Airport security system, including video surveillance tapes at Hopkins Airport, contains security sensitive information that is controlled under 49 C.F.R. parts 15 and 1520. No part of this record may be disclosed to persons without a need to know, as defined in 49 C.F.R. parts 15 and 1520, except with the written permission of the Administrator of the Transportation Security Administration or the Secretary of Transportation. Unauthorized release may result in civil penalty or other action. Additionally, the release of this information is not authorized under the Ohio Public Records law, in that this information is considered security material and represents an exclusion that exists under the law.

It amazes me how anyone could possibly consider a video of a public area to be “sensitive security information” — after all, anyone could have legally taken a video of me at the checkpoint, so why is the government’s video any more sensitive than that?

I sent them an appeal letter, which is required before I sue them for the video. I also discussed the issue with them on the phone, and they told me they’d look into it. We’ll see.

After the release of my video, two important issues came up:

1. People (including myself) want to see a whole video of me walking through the checkpoints, and
2. People (especially myself!) want to see the threatening e-mails that TSA Spokeswoman Sari Koshetz sent to journalists

The solution: Freedom of Information Act requests for both the security cameras that caught (or should have caught) me going through the TSA’s nude body scanners with an undetected metal object, as well as for the nice e-mails that Sari has been sending around, all of which are public records.

My requests are attached below, and I will of course keep you updated on their progress. The TSA has a pattern of ignoring or conspiring to hide documents that relate to my FOIA requests, but I’m not particularly worried about having to take the TSA to court if that happens again. 🙂

Scanner Video FOIA TSA (.pdf)
Scanner Video FOIA FLL (.pdf)
Scanner Video FOIA CLE (.pdf)

I’m doing my best to read through all the comments, both here and around “the interwebs” (as TSA Blogger Bob would put it), and wanted to address some of the more common ones here:

Q: Can’t they just rotate you 90° and take another scan?
A: Not logistically.  Adding a second scan will double the amount of time per scan.  This might not seem like a big deal, but you’d need double the machines and double the staff to handle the traffic, increasing an $8B/year, 60,000-large agency to who knows how big.  There’s also not enough physical space at the airports to accommodate this.  Additionally, you’d be receiving twice the dose of radiation (and no matter what they say, it indeed has the potential to be harmful, not because of the amount, but because it is focused entirely on the skin), not to mention twice the false positive rate.  The false positive rate is already estimated at around 40%, and taking a second scan would increase that to 64%.  If two-thirds of people are going to need a pat-down anyway, what’s the point?  Finally, doing a profile view would require a software upgrade, especially for the ATD systems, which will take significant time to build, test, deploy, and train for.

Q. Would it work with the new scanners with the “stick figure” images?  Don’t they swivel around your body and create a 3-D image?
A. The video shows me going through BOTH the older Rapiscan backscatter x-rays (at FLL) as well as the brand new L-3 Provision millimeter wave scanners with Automated Threat Detection (“stick figure technology,” at CLE).  This exploit works with ALL scanners the TSA currently has.  The L-3 scanners simulate a 3-D image, but do not image you from all sides, and thus the (non-)threat item does not make it into the simulation.  This is additionally aided by the pose the TSA has you adopt.  With arms above your head, a the sides of a button down shirt will actually be pulled away from your body if you’re of average or thin build.  The farther the object is from your body, the less likely a front/back image is to catch it contrasting against your body.

Q. How do we know this is for real?
A. Well, the non-denial by the TSA’s official response on their blog is a good start (read the comments — they’re great!).  I’ll be submitting a Freedom of Information Act request on Monday for a copy of the security video showing me going through the scanners, which should fairly conclusively show that the object travelled through the scanners with me.  But those requests take time, so if you’re in a hurry, I do think the video posted clear enough instructions on how to replicate my test. 🙂  Remember, the machines have very frequent false positives, so in order to increase my likelihood of success, I wore a plain shirt (no fancy patterns, smallest buttons possible) and used thin fabric and single-stitched sewing for the pocket, and made sure the test item was 100% metal on the outside — no plastic, rubber, or glass.  Also, to be clear, I’m not advocating or inciting anyone to try this — I’m just saying it would be possible.

Q. Are you worried that terrorists will take advantage of the alleged flaw?
A. We have this big security flaw, which is a hole that can either be exposed by the TSA in an investigation, which obviously hasn’t happened yet; by a citizen investigation, which has now happened; or by a terrorist doing an investigation, which is what we don’t want to happen.  By identifying this flaw, we can fix it before that third option happens.  Also, the TSA was provided with a copy of my video before it was published publicly.

Q. Why did you state that we should privatize airport security?
A. There are lots of reasons why we need to privatize airport security, but before I get into them, I want to be clear that my priority is to get our right to a reasonable search (no nude scanners, no “touching people’s junk”) restored to airports, regardless of whether the screeners are government or non-government.  Longer term, I would love to see the TSA’s role reduced.  First, privatizing security means that if there is a problem, I can vote with my money.  If an airline decides to have abusive screeners, I’ll fly another airline that cares.  Second, I do believe (and as best I know, there is little argument showing otherwise) that we can do private security for less money than government security.  Third, as a political preference, I prefer my government to be as small as possible.  A 60,000 employee agency to secure airports is absolutely absurd, and ends up being full of waste (see point #2) and less agile.  Fourth, in having sued the TSA, I can tell you that they hide behind immunity that is only available to the government, whereas private companies would be more easily brought to justice for abuse.

Q. What’s the story with your TSA lawsuits, and how are they going?
A. My original lawsuit against the TSA (compilation of all documents) was filed in November 2010, which seeks injunctive relief (no money) to force the TSA to stop photographing us naked and touching our genitals.  It was dismissed from U.S. District Court under an obscure law that requires “orders” of the TSA to be “appealed” (to the Courts of Appeals) rather than the subject of a new action in the District Courts.  While I argued that Congress intended an “order” to be the result of an agency proceeding (for example, revoking one’s security credentials after allegations of impropriety, whereby one would be entitled to argue their side to the TSA, present evidence, etc.), the TSA argued basically that any decision they make that they write down is an “order” and insulates them from review by District Courts.  So why not just file in the Court of Appeals?  There are no jury trials there, no witness stand, and no right to discovery.  We have the right to all of these things when we question the constitutionality of our government’s actions, and I will be appealing this ruling to the U.S. Supreme Court shortly.

I also filed a second lawsuit earlier this month as a result of being kicked out of FLL airport.  During that process, the TSA unlawfully detained me, threatened me with arrest, threatened me with forcible search, conducted a retaliatory search of my belongings, unlawfully took my personal information, and then conspired with the airport operator to hide the videos of this.  Luckily, I was recording the entire thing using my cell phone sitting a few feet away.

Q. How can I sue the TSA?
A. If the TSA has wronged you, it is possible to sue them and win.  I’m not an attorney and cannot give you legal advice, but I can suggest that some of the first things you need to do are to file Freedom of Information Act requests to get any evidence (especially video), and to file a notice of claim with the agency (you have limited time!).  Read up on the Federal Tort Claims Act and Bivens v. Six Unknown Federal Narcotics Agents for more details.  As best I am aware, you must file in federal court — your local small claims court won’t do.  You should be aware that it’s a long process, and not worth starting if you don’t intend to follow through with significant research and writing, or pay a lawyer to do so.

Q. What can I do to help?
A. Contact your Representatives and Senators and ask them to take a look at the video and then remove all funding for the body scanners.   Additionally, there’s a donation link to contribute towards helping my lawsuit seeking injunction against the TSA’s nude body scanners and genital groping make it to the U.S. Supreme Court for the win.  Filing is expensive, printing and mailing is expensive (in SCOTUS, documents must be filed with 40 copies — no joke!), and I’ve taken hundreds of hours off of work to get things done so far.  It’s important that we go after the TSA from all angles and simultaneously prove to Congress, the courts, and the public that the scanners are unsafe, ineffective, and invasive, and your support — either financially, in the form of calling your representatives, protesting, or whatever you can and choose to do — helps this to happen.  A huge thank you to those who have donated so far — it’s been incredible to see!

Q. What are your “official” accounts?
A. “tsaoutofourpants” here on WordPress, Google, Y Combinator, Reddit, Blogger (TSA Official Blog), and I’ve posted on several smaller sites as well.  Follow me on Twitter using “tsaoutourpants” (no “of”).

Q. What will you do next?
A. The ball is in the TSA’s court.  They can’t ignore this — the mainstream media coverage is just beginning!  I’ve been in touch with some of the larger MSM outlets yesterday, and additionally, I’ve been in touch with the offices of several members of Congress.  We’ll see what the TSA does, and take it from there.

I’ve been on the phone all day for the last 2 days with reporters and journalists of all kinds, including the big bad MSM, and one South Florida reporter told me that he had been “strongly cautioned” by the TSA not to cover my viral YouTube video showing TSA nude body scanners to be completely worthless. Absolutely unbelievable:

Update: The name of the TSA spokeswoman who attempted to intimidate this journalist is Sari Koshetz.

Update 2: Second journalist comes forward in comments on this post: SmarterTravel March 8, 2012 at 3:34 pm | #11 Reply | Quote | Edit We were also “strongly cautioned” not to cover the story. We did anyway at SmarterTravel: http://tinyurl.com/7te5wj8

The TSA is clearly no fan of the 4th Amendment, nor of 5th Amendment due process rights, and now this blatant attempt to manipulate the free press with “strong caution” hits at Amendment the First. Why strong caution? Are there repercussions for journalists that fail to heed this “advice?” Because, you know, if I were a member of the free press and the federal government asked me to censor myself, I’d happily comply . . . . . . . . . riiight.

I have news for the federal government: Americans will not take censorship in any form. We thought we made this clear when you tried to force SOPA on us.

So what should we do about this? If you’re a journalist who has received any kind of similar warning, please contact me. Everyone else, please take a moment to contact your local mainstream media outlets (Fox, ABC, NBC, CNN, etc.) to request that they cover the original story. The Internet has been absolutely amazing as have large alternative programs (Alex Jones, for example) and I do believe that we have successfully spread the word. But, if the TSA doesn’t want the MSM to cover it, there’s probably a reason, so let’s take the battle there!

First, thank you. All of you. The support has been crazy. My e-mail has not stopped making noise, nor has my phone. I know when my original lawsuit came out, the response was largely positive, but there were many who didn’t think the scanners were a big deal — “anything for our safety.” A year and a half later, I’m very pleased to report that America is awakening, and comments in support outnumber comments against by 20 to 1 on every site I’ve seen. Making not only Drudge Report, but also #1 spots on Slashdot, Y Combinator, and Reddit is an unbelievable honor as a tech person. We’ve had nearly one million hits here at this blog and who knows how many more via YouTube and the plethora of mirrors. Thank you also for the donations — it makes it much easier for me to get my legal fight against the TSA accomplished!

I’ve had a few requests for the full versions of the hidden videos that I took in the airports. I’ve posted them here (audio didn’t sync well, but oh well):

FLL (BKSX) – http://www.youtube.com/watch?v=2OMWH0Tl-5A
CLE (MMW ATD) – http://www.youtube.com/watch?v=NCrnCEgRDEg

The TSA’s official response (from Blogger Bob — blog.tsa.gov) was that “some guy” posted a video that was “a crude attempt to allegedly show how to circumvent TSA screening procedures.” The response then went on to say that they “can’t discuss” it and that the nude body scanners are just “one layer” of security so not to worry.

¿Que? You just spent $1B on a system that makes us LESS safe than the system you replaced — invading our privacy and rights in the meantime — and all you’re going to do is make fun of my research, which put your agency to shame, for being “crude?” Which “layer” do you think is going to address the fact that it’s trivial to bring a gun through AIT? Is it the “behavior detection” program that failed to detect me taking (not very) hidden camera footage while bringing a metallic object through the AIT?

This “layer” is broken, in SO many ways, and not another dollar should be spent on it. Sell the scanners, and buy dogs. I do hope that my video is the last straw for Congress in funding this agency, and I am optimistic that we’ve reached that turning point!

Edit: One more thing, guys! The TSA could have chosen a lot of ways to respond to this, and they selected “downplay it.” The only way they can win with this method is if we all let it go. Keep at them! Opt-out of the scanners at the airports (I *ALWAYS* do — the two times you see me going through AIT in the video are the only two times I’ve ever been through a TSA scanner — and in fact, I opt-out of having my genitals touched during pat-downs, which often gets me kicked out of airports), and PLEASE KEEP AT YOUR LEGISLATORS! I know it often times seems like you’re talking to deaf ears, but the message, slowly, surely, does get through! –Jon

This video is here to demonstrate that the TSA’s insistence that the nude body scanner program is effective and necessary is nothing but a fraud, just like their claims that the program is safe (radiation what?) and non-invasive (nude pictures who?). The scanners are now effectively worthless, as anyone can beat them with virtually no effort. The TSA has been provided this video in advance of it being made public to give them an opportunity to turn off the scanners and revert to the metal detectors. I personally believe they now have no choice but to turn them off.

Please share this video with your family, friends, and most importantly, elected officials in federal government. Make sure they understand that your vote is contingent on them fixing the abuse that 200,000 passengers face from the TSA on a daily basis.

My legal battle against the TSA’s nude body scanner and pat-down molestation program continues in court, soon with a petition to the U.S. Supreme Court. If you’d like to donate to this effort, send PayPal to: jon [at] fourtentech.com

I’d like to thank:

Travel Underground – http://www.travelunderground.org/

Freedom to Travel USA – http://fttusa.org/

Legislators who have stood up to the TSA – especially Dr. Ron Paul & Sen. Rand Paul

…and all those who have both publicly and privately stood up to the TSA.

Add me on Twitter: @tsaoutourpants (no “of”)

Transcript:

I’m publishing this video because I want the world to know how much danger the American Transportation Security Administration is putting all us all in with their haste to deploy the expensive, invasive nude body scanner program. When the machines came out, we were told that the invasion on our privacy, doses of radiation, and trashing of our Constitution were necessary because the old metal detectors weren’t good enough. That “non-metallic explosives” were a threat, even though no one has boarded a plane in the US with any type of explosive in nearly 40 years. But while America was testing these devices, Rafi Sela, who ran security for Ben Gurion airport in Israel, which is known for being one of the most secure airports in the world, was quoted saying he could “overcome the body scanners with enough explosives to take down a Boeing 747,” and Ben Gurion therefore refused to buy scanners. The US ignored this warning, and Mr. Sela never publicly explained his statement. But it stuck with me.

As a scientist, engineer, and frequent traveler, as well as the first person to sue the TSA when they rolled out the scanners as primary in Nov. 2010, I studied and learned about both kinds of scanners currently in use by the TSA. Here are several images produced by TSA nude body scanners. You’ll see that the search victim is drawn with light colors and placed on a black background in both images. In these samples, the individuals are concealing metallic objects that you can see as a black shape on their light figure. Again that’s light figure, black background, and BLACK threat items. Yes that’s right, if you have a metallic object on your side, it will be the same color as the background and therefore completely invisible to both visual and automated inspection.

It can’t possibly be that easy to beat the TSA’s billion dollar fleet of nude body scanners, right? The TSA can’t be that stupid, can they?

Unfortunately, they can, and they are. To put it to the test, I bought a sewing kit from the dollar store, broke out my 8th grade home ec skills, and sewed a pocket directly on the side of a shirt. Then I took a random metallic object, in this case a heavy metal carrying case that would easily alarm any of the “old” metal detectors, and walked through a backscatter x-ray at Fort Lauderdale-Hollywood International Airport. On video, of course. While I’m not about to win any videography awards for my hidden camera footage, you can watch as I walk through the security line with the metal object in my new side pocket. My camera gets placed on the conveyer belt and goes through its own x-ray, and when it comes out, I’m through, and the object never left my pocket.

Maybe a fluke? Ok, let’s try again at Cleveland-Hopkins International Airport through one of the TSA’s newest machines: a millimeter wave scanner with automated threat detection built-in. With the metallic object in my side pocket, I enter the security line, my device goes through its own x-ray, I pass through, and exit with the object without any complaints from the TSA.

While I carried the metal case empty, by one with mal-intent, it could easily have been filled with razor blades, explosives, or one of Charlie Sheen’s infamous 7 gram rocks of cocaine. With a bigger pocket, perhaps sewn on the inside of the shirt, even a firearm could get through. It’s important to note that any metal object of any size can use this technique. …and I don’t urge you to try to bring contraband through security, as the nude body scanners often have false positives: so while the metal on your side might get through, a button on your shirt or a sweaty armpit might “look suspicious” and earn you a pat down anyway.

Now, I’m sure the TSA will accuse me of aiding the terrorists by releasing this video, but it’s beyond belief that the terrorists haven’t already figured this out and are already plotting to use this against us. It’s also beyond belief that the TSA did not already know everything I just told you, and arrogantly decided to disregard our safety: anything to force Americans to give up our liberty to the federal government and our tax dollars to companies that are in bed with that government. The nude body scanner program is nothing but a giant fraud, which should come as no surprise after the Fast & Furious scandal that sent thousands of guns to Mexican drug cartels and cost a Customs and Border Patrol agent his life. THIS is a disgrace. So let’s fix this problem — now — before the terrorists take this opportunity to hurt us: the TSA must immediately end the nude body scanner program, and return to the tried-and-true metal detectors that actually work, and work without invading our privacy, as well as implement better solutions for non-metallic explosives, such as bomb-sniffing dogs and trace detection machines.

The TSA is worse than ineffective: they are an epic fail placing us all in danger. Beyond the scanners, Demand of your legislators and presidential candidates that they get rid of this $8B a year waste known as the TSA and privatize airport security. Ask for their commitment to our rights in exchange for your vote. And no matter which party is in the White House or holds on to Capital Hill, the issue of ending TSA abuse is of interest to all Americans; it’s NOT a partisan issue. We must all stand together and demand an end to the organization that molests our families while placing us in danger by directly ignoring blatant security flaws.

Thank you.