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Old Jul 9, 2014, 10:34 pm
  #136  
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Originally Posted by 84fiero
Very disturbing if that's indeed how they're going to implement this (which sadly I have little doubt it is).
It's already been implemented overseas, it just hasn't started here in the US.

Y'all keep forgetting that just as this 'intel' or 'chatter' about undetectable bad devices came up, TSA just happened to be ready to roll out a new product that can...screen electronic devices without the need for powering up!

Now, given the choice: buy these "specially over-priced just for the taxpayer" devices and install them at every checkpoint and every baggage scanning area or.....submit to powering up devices or 'surrendering' them, which choice do you think airports (and kickback-receiving politicians) will make?

I think TSAs marketing ploy included a more rapid, aggressive ramp-up of testing and confiscating devices, insanely long security lines (something most of the rest of the world isn't as accustomed to as in the US) and tampered and rifled checked bags because people do check electronic devices, whether or not it is a wise idea. BA was totally on board - even going TSA one better and announcing that presenting a dead device at the checkpoint would lead to denied boarding, but BA chose to back off, possibly because it didn't look like other airlines were willing to out-do TSA's requirements.
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Old Jul 10, 2014, 5:09 am
  #137  
 
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Originally Posted by dieuwer2
The next step for the TSA will be to declare that chargers are dangerous and could be made into a bomb. Result: No more charging for you at the airport or in the plane!
Wait until they realize that the most dangerous things on airplanes are...human beings!

Originally Posted by chollie
It's already been implemented overseas, it just hasn't started here in the US.

Y'all keep forgetting that just as this 'intel' or 'chatter' about undetectable bad devices came up, TSA just happened to be ready to roll out a new product that can...screen electronic devices without the need for powering up!

Now, given the choice: buy these "specially over-priced just for the taxpayer" devices and install them at every checkpoint and every baggage scanning area or.....submit to powering up devices or 'surrendering' them, which choice do you think airports (and kickback-receiving politicians) will make?

I think TSAs marketing ploy included a more rapid, aggressive ramp-up of testing and confiscating devices, insanely long security lines (something most of the rest of the world isn't as accustomed to as in the US) and tampered and rifled checked bags because people do check electronic devices, whether or not it is a wise idea. BA was totally on board - even going TSA one better and announcing that presenting a dead device at the checkpoint would lead to denied boarding, but BA chose to back off, possibly because it didn't look like other airlines were willing to out-do TSA's requirements.
Have they actually forced people to "dispose" of their non-working device yet, that we have heard about? That's the aspect I was referring to being implemented (not that the whole thing isn't disturbing to begin with!)

Ah, now this makes even more sense with the new "detecting devices". Which makes it even more outrageous. And btw, why wouldn't bomb-detecting dogs work instead of overpriced new gadgets?
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Old Jul 10, 2014, 5:25 am
  #138  
 
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Originally Posted by RadioGirl

*Sometimes by fishing it out of the passenger's bag and throwing it directly into the trash can. "Voluntary"?
IOW, "confiscating."
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Old Jul 10, 2014, 6:29 am
  #139  
 
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Maybe business organizations will band together to fight this if the choice is between losing a laptop with important data (or being phone-less) or missing a flight.

Hmm. When phrased that way, it sounds like a person ought to be guilty of more than purchasing a plane ticket.
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Old Jul 10, 2014, 6:47 am
  #140  
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Originally Posted by 84fiero
Wait until they realize that the most dangerous things on airplanes are...human beings!



Have they actually forced people to "dispose" of their non-working device yet, that we have heard about? That's the aspect I was referring to being implemented (not that the whole thing isn't disturbing to begin with!)

Ah, now this makes even more sense with the new "detecting devices". Which makes it even more outrageous. And btw, why wouldn't bomb-detecting dogs work instead of overpriced new gadgets?
(bolding mine)

Bomb-detecting dogs don't generate the kind of profit that NoS's and this machine (and the eventual patented American LGA-testing machine) generate.
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Old Jul 10, 2014, 7:00 am
  #141  
 
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Originally Posted by petaluma1
IOW, "confiscating."
Technically, if TSA was officially "confiscating" those items, then those items would be in the possession of the TSA. TSA would then have complete freedom as to the ultimate disposition of those items: discard as refuse, resell on the open market, repurpose for other uses, and so on.

What's supposed to be happening under TSA rules is quite different: the items are discarded as refuse, and TSA never takes possession of them.

Yes, yes, I know that there are plenty of reports of TSOs somehow "magically" coming into possession of those items. From what we've been told, that's strictly outside of TSA's standard procedures.

TL;DR: there is an important but subtle difference between "surrender" and "confiscation".
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Old Jul 10, 2014, 7:08 am
  #142  
 
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Originally Posted by jkhuggins
Technically, if TSA was officially "confiscating" those items, then those items would be in the possession of the TSA. TSA would then have complete freedom as to the ultimate disposition of those items: discard as refuse, resell on the open market, repurpose for other uses, and so on.

What's supposed to be happening under TSA rules is quite different: the items are discarded as refuse, and TSA never takes possession of them.

Yes, yes, I know that there are plenty of reports of TSOs somehow "magically" coming into possession of those items. From what we've been told, that's strictly outside of TSA's standard procedures.

TL;DR: there is an important but subtle difference between "surrender" and "confiscation".
The center also serves as a TSA surplus store for mid-Atlantic airports, so items confiscated or lost at a security checkpoint wind up here, too.
Seems to me as if the TSA does have complete freedom to do whatever it wants with these items.



http://paindependent.com/2013/07/sta...-pa-warehouse/
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Old Jul 10, 2014, 7:27 am
  #143  
 
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There was a brief story on the NBC evening news last night about this. The TSA is going to require people, who automatically get extra screening on every flight, to turn on their electronics on domestic flights in the US.

That makes sense as long as terrorists don't give their devices to other terrorists that aren't on the watch list. It must be the same idea that terrorists would never combine their liquids after security.
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Old Jul 10, 2014, 7:31 am
  #144  
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Originally Posted by jkhuggins
Technically, if TSA was officially "confiscating" those items, then those items would be in the possession of the TSA. TSA would then have complete freedom as to the ultimate disposition of those items: discard as refuse, resell on the open market, repurpose for other uses, and so on.

What's supposed to be happening under TSA rules is quite different: the items are discarded as refuse, and TSA never takes possession of them.

Yes, yes, I know that there are plenty of reports of TSOs somehow "magically" coming into possession of those items. From what we've been told, that's strictly outside of TSA's standard procedures.

TL;DR: there is an important but subtle difference between "surrender" and "confiscation".
Have you considered getting better acquainted with senior government lawyers?

Discarded as refuse immediately upon "disposition" of item? I have every reason to doubt that is why the TSA policy was changed .

There is no material difference between being forced to surrender a valuable property item at a screening checkpoint and confiscation of the same at a screening checkpoint for eventual "disposition", for further examination or whatever else the government or its agents have in mind for these electronic devices once the screening process has begun. Note that once the screening process begins, the TSA doesn't want to allow an open door for people to end the screening process with the owner of the device retaining ownership of the device which the TSA considers "suspect" on a "suspect" subject to screening.

The TSA is relying upon United States v. Skipwith, 482 F.2d 1272, 1277 (5th Cir. 1973) type rulings to deny the "right to leave" with valid property rights intact over legitimate electronic devices that are powerless or otherwise non-functioning.

Last edited by GUWonder; Jul 10, 2014 at 7:37 am
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Old Jul 10, 2014, 8:55 am
  #145  
 
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Originally Posted by GUWonder
Have you considered getting better acquainted with senior government lawyers?

Discarded as refuse immediately upon "disposition" of item? I have every reason to doubt that is why the TSA policy was changed .

There is no material difference between being forced to surrender a valuable property item at a screening checkpoint and confiscation of the same at a screening checkpoint for eventual "disposition", for further examination or whatever else the government or its agents have in mind for these electronic devices once the screening process has begun. Note that once the screening process begins, the TSA doesn't want to allow an open door for people to end the screening process with the owner of the device retaining ownership of the device which the TSA considers "suspect" on a "suspect" subject to screening.

The TSA is relying upon United States v. Skipwith, 482 F.2d 1272, 1277 (5th Cir. 1973) type rulings to deny the "right to leave" with valid property rights intact over legitimate electronic devices that are powerless or otherwise non-functioning.
I had wondered about this (being able to leave).... While I can understand to a point the logic about bad actors testing security, it seems like a large enough terrorist network would still be able to send through enough "expendable" members to garner some results. Or for that matter, simply gather info from open sources like the media, online forums, etc. on what people are experiencing.

Even so, I'd argue that not being able to leave doesn't mean they should be able to permanently confiscate or destroy your property. At worst there ought to be some means for later retrieving an item once there's an opportunity to power up or further examine the device.
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Old Jul 10, 2014, 9:04 am
  #146  
 
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Again, what about the numerous types of devices out there that have no obvious "booted up" mode? External hard drives? Drives with card readers for storing photos and video? External battery packs? At most, these devices have an LED light. And solid state drives make no noise.

Will an LED light be sufficient "proof" that said battery pack is not a bomb?

Madness.
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Old Jul 10, 2014, 9:45 am
  #147  
 
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Originally Posted by GUWonder
Have you considered getting better acquainted with senior government lawyers?
I'm a University professor; I'm not sure which is worse.

Originally Posted by GUWonder
There is no material difference between being forced to surrender a valuable property item at a screening checkpoint and confiscation of the same at a screening checkpoint for eventual "disposition"
I think there is a significant difference. If TSA takes possession of the item, TSA now becomes responsible for proper disposition of the item. Electronic devices can't be simply discarded into the nearest trash receptacle; they contain hazardous materials which must be safely handled, often at significant cost to the disposer. I'm sure there are similar rules regarding the disposition of "weapons" (no matter how ridiculous the rule was that determined the item was a "weapon"). The need to treat all of those "dangerous liquids" as hazardous waste has been noted here for years.

In short: TSA absolutely doesn't want to say that it is confiscating items --- not because of how it looks to the public, but because TSA then becomes responsible for handling those items properly.
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Old Jul 10, 2014, 9:45 am
  #148  
 
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Originally Posted by Schmurrr
Maybe business organizations will band together to fight this if the choice is between losing a laptop with important data (or being phone-less) or missing a flight.

Hmm. When phrased that way, it sounds like a person ought to be guilty of more than purchasing a plane ticket.
Actually that would probably be more likely to force a change than any outcries by us lowly "citizens". Corporate lobby money talks.
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Old Jul 10, 2014, 10:16 am
  #149  
 
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Originally Posted by jkhuggins
Originally Posted by GUWonder
Have you considered getting better acquainted with senior government lawyers?
I'm a University professor; I'm not sure which is worse.
Depends on whether or not you have tenure.

Originally Posted by 84fiero
Even so, I'd argue that not being able to leave doesn't mean they should be able to permanently confiscate or destroy your property. At worst there ought to be some means for later retrieving an item once there's an opportunity to power up or further examine the device.
Yeah, there are so many problems with that idea, I'm not sure where to begin.

Originally Posted by saulblum
Again, what about the numerous types of devices out there that have no obvious "booted up" mode? External hard drives? Drives with card readers for storing photos and video? External battery packs? At most, these devices have an LED light. And solid state drives make no noise.

Will an LED light be sufficient "proof" that said battery pack is not a bomb?

Madness.
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Old Jul 10, 2014, 10:28 am
  #150  
 
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Originally Posted by chollie
It's already been implemented overseas, it just hasn't started here in the US.
It went into effect on the 7th of July in the United States for flights originating in the U.S., both domestic and international. It is in the TSA Playbook as Operations Directive 400.5, named SEL-001.

Presently it is in place through the 28th of July.

I have confirmed this with multiple people within the TSA, seen the Directive and TSA HQ has now confirmed it.
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