Search

Professional Troublemaker

 Jonathan Corbett, Civil Rights Advocate

Tag

nude body scanner

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.

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

One Year Later, State of the TSA

One year ago, I published my video exposing the TSA’s nude body scanners as vulnerable to an extraordinarily simple attack: any metal objects placed on the side of the body are invisible. The TSA mocked, then threatened, then downplayed, but never denied that the $1B of our tax dollars spent on the most invasive search ever directed at the general public in the history of our nation is great at finding TSA screeners with small genitalia but utterly useless against fighting serious threats to aviation security.

Before I published my video, I said to my friends, “This is it — this is the end of the body scanners!” I believed that if the vulnerability I published was publicly exposed, the TSA would be forced to remove the machines. Anyone can use the technique to bring even a firearm through security completely undetected so the TSA would have to get rid of them, I thought. Yet one year later, the scanners are still here (and yes, I tested the exploit on one of the new millimeter wave scanners with ATD, the kind that swirl around your body and “create a [fake] 3-D image”). The TSA is too proud to return to metal detectors and admit that it wasted your money and invaded your privacy for nothing… even if that pride means we are significantly less safe when we fly.

We’ve seen some changes over the last year. We’ve seen one of the two types of scanners removed — the Rapiscan backscatter x-ray devices — and the other upgraded to include “automated threat detection” so that live people (supposedly) never see your nude body. This is a huge win, not only for privacy advocates but for those concerned about being dosed with ionizing radiation by their government. We’ve seen the TSA shrink back from threats of fines and jail for those who don’t want to allow the TSA to “touch their junk” (new non-public policy is simply to ask you to leave). We’re also seeing that court battles, after being tossed over questionable technicalities that the U.S. Supreme Court refused to address, are finally moving towards being heard.

We still have more work to do. The privacy violation, in the form of having every square inch of our bodies analyzed without cause (resulting in countless drug charges but zero terrorism charges), still exists. TSA assholery, from strip searching grannies, to stealing iPads, to traumatizing rape survivors, to making kids cry just for fun, to collaborating with airports to lie in Freedom of Information Act responses, still exists. But we’re getting somewhere, slow as it may be. If you’ve donated, shared links with your friends, or simply opted-out, thank you for your help.

Blog at WordPress.com.

Up ↑