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TSA misses deadline to hold public comment period on “naked scanners”

TSA misses deadline to hold public comment period on “naked scanners”

On July 25, 2011, the Federal Court of Appeals ruled that the TSA must act “promptly” to hold a public comment period and adopt rules and regulations regarding its use of body scanners in U.S. airports.

Nearly a year later, the TSA has yet to comply with the ruling and hold a public comment period. From Wired Magazine:

The three-judge appellate court, which is one stop from the Supreme Court, said that the Transportation Security Administration breached federal law in 2009 when it formally adopted the Advanced Imaging Technology (AIT) scanners as the “primary” method of screening. The judges — while allowing the scanners to be used — said the TSA violated the Administrative Procedures Act for failing to have a 90-day public comment period, and ordered the agency to undertake one.

A year later, the government has yet to hold those hearings. And the appellate court has twice denied motions from the Electronic Privacy Information Center, which brought the case, to order the TSA to get going.

Apparently, rather than complying with the law, the TSA has been busy setting up a blog to counter claims the public makes against it. Recently, it put up a rebuttal to a deaf passenger’s claim that they had been (allegedly) harassed while going through security.


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And . . . is anyone surprised?

Why isn’t someone going to jail for contempt?

Oh, if only Romney wasn’t busy giving away the election — in July — by refusing to counterattack against Obama.

To paraphrase Bernard Goldberg, “Stalinists on the left, spineless cowards on the right.” I think we can kiss America goodbye.

    persecutor in reply to Ragspierre. | July 16, 2012 at 5:46 pm

    C’mon Rags, you exaggerate. Most of these boxes come from the ChiComs and they assure us that they’ve checked every box coming in and they contain nothing but designer goods. They stopped smuggling in AK-47s months ago.
    [sarcasm off]

meh, federal law schmederal law…

I’m gonna set up a blog!

hehe ha!

Silly judges! Deadlines are for the private sector.

C’mon- these bastids are criminals and lawbreakers.Court order? They don’t obey no steenkin’ court orders.

It’s okay. In government-speak “promptly” is defined as “in approximately ten years time”. They still have ages to comply.

Meanwhile, I can’t believe how many people still fly when they don’t have to. Eh, what’s a little stripping of one’s dignity if it means getting to Disney World faster, right? Walk around in your socks, get your privates fondled, get hit with a dose of radiation, all fine if you get to Dumbo a day earlier!

For me, personally, they stepped over the line with the pat downs and full body scanners. I haven’t flown since 2005 and it would take a dire emergency for me to ever do so again. If I can’t drive somewhere I don’t go. It’s my own little middle finger at government intrusion.

I understand that some people must fly for work.

Here’s something else we need to “repeal.” The TSA is an ineffective measure to prevent terrorism or terrorists. It was, presumably, erected to shift liability from the service providers to the generic “government.”

It may be just a coincidence, but this effort to shift liability has been a prominent feature of some of those most egregious policies embraced by our government, including “Roe vs Wade.”

    n.n in reply to n.n. | July 16, 2012 at 6:22 pm

    It has also been exceedingly profitable for both public and private interests. The lawyers and the litigious absolutely love it!

I’ve been thinking of starting a disposal bath robe company. Just before security, air travelers buy a disposal bath robe, and change into it in a privacy booth. They go through security, and put their clothes back on once through security, tossing the bathrobe. It’s their option to wear underwear, bathing suits, or go commando under the robe. Nothing to see here. Really, you want me to open this thing up?

A couple of years ago I had a 7:30 AM flight departing Milwaukee. I figured there wouldn’t be a line, and I wouldn’t need to do the scanner. The TSA thug says “We’ve got this new machine we would like to try out.” No thanks. I am White at the end of winter, as were all the idle layabouts at security. The slackers called for a pat down, and lo and behold! a Black man appeared to give me the business. I figure the idlers are racists, and having a Black guy feeling me up was meant to be more embarrassing. I got to keep on going. The Black guy, who was embarrassed, had to stay and work with those maroons.

Has TSA ever stopped a terrorist at the gates?

FTA: “…the appellate court has twice denied motions…”

And the executive branch is going to continue contemptuously thumbing their noses at the courts (in this and many, many other cases) until the courts are ready to get some huevos and use some teeth.

And don’t wait for this administration’s “Department of Just Us” to enforce any contempt orders from the legislative or judicial branches of government.

TrooperJohnSmith | July 16, 2012 at 7:23 pm

So, like the Prez-O-Bama, the TSA both no longer has to comply with those pesky laws and has a thin skin?

TSA = Thin Skinned Azzes

I’m probably gonna end up on a no-fly list now! 🙄

The TSA is a classic authoritarian bureaucracy. Enormous, omnipotent governments have to be run by somebody. In such a system, by default the stupid and incompetent people run the less prestigious bureaucracies. Like TSA, for example.

They chafe at their low station and the contempt in which they are held, and alleviate their resentment by exercising police powers with vigorous spite and thuggery. In this way, a country’s most worthless citizens can terrorize an entire country. After awhile, it becomes self-selecting for brutality.

Regimes realize it, like it, encourage it. Don’t think for one moment that they don’t.