Well, I'd say it's hard for TSA to make sense of anything in the legal realm if Francine the Googling Lawyer is the best they've got. I'd sooner trust legal advice given by Judge Judy and Rusty the Bailiff from the old People's Court.

Personally, though, I'd recommend that everyone who goes through the checkpoint consider filing a FOIA request for their video even if nothing of importance is on it. Let's drown them in requests and force them to spend some time and money to ramp up their staff of contractors to respond to them. More money spent there equals less money available to spend on new pervert-o-vision units. (Besides, if we collectively get enough video we can start stringing it together and post it online to show TSA's super-secret SOP in action to the world. That ought to get their panties in a bind.)