FlyerTalk Forums - View Single Post - Flyer at SAN says no to grope, escorted from checkpoint by LEO, threatened with suit
Old Nov 14, 2010, 10:05 am
  #66  
secretsea18
 
Join Date: Jul 2006
Location: Inland Empire!
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Highly interesting post from "obsidian468" at: www.reddit.com about this incident.

First off, I want to state that I am a contractor for the security division at a major international airport. I do NOT work for TSA. I am the systems administrator for the access control and CCTV systems at the airport I work at - the systems that actually keep the airport secure, yet are largely invisible to the general public. I also have not read the prior 1600+ comments, as that would take me all night - time that I don't have available to spend. I do see security procedure from an inside perspective, including TSA procedure, due to the fact that I am often involved in airport security meetings and briefings.

All the above said, I wish to present another perspective on this. I have largely kept quiet on my feelings about this (though recently came out strongly against the new TSA measures on a thread in /r/libertarian - some of you might remember me from there).

Unfortunately, this may get lost in all of the other replies to this thread.

Procedurally, the TSA screening agents acted just as they have been instructed in this matter. They are largely intelligent enough to perform their duties, but not intelligent enough to question the legality of their procedures. Quoting laws, or even the Constitution, to them won't help your case. They just do as they are trained to do. Is this a sad commentary on the state of "security" in America? Yes. Is this untrue? No.

My biggest complaint with the video is when the TSA screener (I think it was a TSA screener, as it was before it was obvious there was a police officer on site) during the first video (or early in the second video) mentioned that they were Federal law enforcement. TSA is NOT Federal Law Enforcement in any regard. With the exception of a select few (that are often crossovers with Customs, FBI or Federal Air Marshals) NO TSA officer is permitted to carry a firearm or act in a law enforcement capacity. Those shiny badges they have are no more significant than the ones kids used to pull out of cereal boxes.

What was presented in the blog and videos is exactly what will happen if you opt out of both the strip-search scanner and the sexual assault pat down at an airport. It's the procedure implemented by the TSA and allowed by airports, who just roll over, as much of their operating funds come from the feds contingent on compliance with these procedures.

The police officer called in the incident was likely very happy to just let the guy leave (airport duty officers have one of the most cushy jobs on Earth, as the only things they have to deal with [with a few exceptions] are unhappy [sometimes belligerent] passengers, speeding and parking violations, and the occasional suspicious person), until the TSA inspector/encorcement official stepped in. Even the local airport law enforcement is trained to comply with TSA requests (even though the local cops have more authority) - it all comes back to where the money comes from.

What can you do to ensure this doesn't happen to you? You have three choices. Submit to the strip-search scanner, submit to the sexual assault pat-down, or refuse to fly. Any act of protest will be seen as a threat to security by TSA, and you'll be submitted to the same things as in the original post.

What is wrong with this? Everything. Even beyond the obvious violation of the 4th Amendment, the TSA has been basically granted carte blanche ability to implement any new screening technique they wish, completely without public or congressional review. They have been allowed to make themselves above the law, and not liable for any violations of law within the regulations they set forth. (That said, they often commit many other violations of law [theft, molestation not outlined in their regs, molestation outlined in their regs, and other such things], in which I tend to be instrumental in proscecuting, as I have control over the CCTV systems, which often convict them).

You should always carry a pocket copy of the Constitution with you (available on Amazon.com). At least, in that case, if you've presented it and quoted it, it'll make for good evidence in a trial that goes to the local Federal Court, or if you're lucky enough, the Supreme Court, which could rule this whole humiliation unconstitutional and illegal.

Bottom line is that the TSA has gotten out of hand. Congress is either ignorant of that fact or refuses to do anything to change it. It is now up to us as citizens to stand against it. If that means not flying, then so be it. Once the airlines feel the hurt, then they'll start to side with the citizens. Some already have (well, pilot unions, at least), and the Feds should soon start to feel the pressure.

TL;DR: Insight from an insider - read the post if you're really interested.
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