Based on my reading of the posts here and what fraction makes it to the media, there is a clear need for a concerted effort if here is any hope of converting these otherwise idle grumblings into policy.

There may be some opportunity in the appointment of Jason Chaffetz (UT) to chair the DHS Oversight Committee and Darrell Issa (CA) to lead the Homeland Security subcommittee. There are other politicians that are supportive, such as Rush Holt (NJ), and Ron Paul (TX) but they are being marginalized in the press as flakes. John Mica (FL) took corporate AIT contributions and must be viewed with skepticism.

Fortunately I don’t fly the 30 to 40 weeks per year that I used to but I am sympathetic to those who still do, particularly the lone female travelers that TSA seems to prey upon. While my aging body won’t be of interest to the poor screener who will have to view it and even less likely to be eagerly groped, I have adult children who may be the next victims.

There seem to be two issues with differing remedies. I’m not a lawyer so perhaps there are flaws in my logic but here is my read.

Problem 1 - The nude scanners. Despite TSA claims to the contrary, the basic file from the scanner is a black and white photograph of a nude, hairless body. All features including the face are recognizable and reproducible since it is essentially a string of code. It is “enhanced” by the computer program to reduce the human features and highlight foreign objects. Depending on the local settings the screener may or may not be able to reduce the enhancement for a more pornographic view or increase them find hidden contraband. Since these images are code they can be copied either in raw format or via external photo.

Remedy 1 – It is unlikely that any efforts being undertaken against TSA by the ACLU, EPIC or other groups will get anywhere. TSA is acting on orders on cannot be held directly accountable no matter how egregious the transgression, one must sue the US government. Good luck with that.
The only realistic remedy is to sue the manufacturers for not incorporating privacy software into the base design. This could be construed as a manufacturing defect and subject these companies, L3 (ProVision) and OSI Systems (Rapiscan), to damages for invasion of privacy, emotional distress and similar claims. This would apply to those that have been screened, those who were groped by choosing WTMD and those who chose more costly travel options due to privacy concerns. Potentially a huge fee is available for some enterprising law firm.

Problem 2 – The invasive physical pat downs. These will be ongoing and beyond the degree originally proposed in the 2008 Congressional hearings. The reports of screeners continuing to assault passengers a month after Mr. Pistole declared that this “should never happen” illustrates the failure of TSA to adequately screen applicants and provide proper training before turning them loose on travelers. With a current screener turnover rate of 20% this problem will continue and TSA will likely accrue only the misfits who are unable to find alternative employment. Further, women seem more frequently subjected to, or offended by, these contacts.

Remedy 2 – Since TSA has virtual autonomy within the “sterile” area of an airport the only option is through political means. TSA is in bunker mode so any abuse by a TSO is quickly suppressed and covered with posturing statements, i.e. “for your security”, “improve training”, “the novice passenger doesn’t understand the process” and other platitudes. This program was implemented after the elections so there was no opportunity for voters to question their representatives on these policies prior to voting. The lack of response by elected officials posted on this forum indicates the @:-)degree of their indifference.

We must collectively identify, contact and support those officials, such as Chaffetz and Holt, who actively support our cause. At minimum a sticky thread be should be created listing supportive officials and contacts made. Ideally we would form a funded FF organization that could provide the necessary political, lobbying and legal resources needed to restore sanity to travel.