Originally Posted by
SATTSO
I don't think TSA lawyers do what you claim. Can you please provide a link to where this is detailed as happening?
Nor am I saying anything about misreading. We all know te constitution is perfectly clear on all issues, right? I mean, privacy, right to arms, abortion, etc.; of course I'm being sarcastic. The constitution is Gage enoug were different people can read it, understand it differently, and come to different conclusions, yet still respect it.
It's one of the founding principles of our society, I believe.
Ok look at the SPO-7, reading the Kyllo case law there are very strong parallels between the technologies and usage. There are strong parallels between the right to privacy on something a benign as when you bathe and the right to privacy on something as benign as wearing a colostomy bag.
I would think that any lawyer wishing to remain on the right side of the Constitution would have to decide that using the SPO-7 outside of the sterile area in areas that have been ruled "public" by other case law is a bad idea.
Another instance of "damn the torpedoes" is the forced ID verification at the TDC stand. There is no statutory authority that allows for this. The TSA decided instead of fixing the statutes to reflect the authority they would ignore the issue until they are sued.
The issue could have been fixed by adding "verification of ID" to the definition of screening. Instead the TSA added code for secure flight further backing the only person that needs to see your is the airline agent.