EPIC's suit denied....
http://www.wired.com/threatlevel/201...body-scanners/
A federal appeals court on Friday unanimously declined to block the government from using airport body scanners across airports nationwide, saying it is “not persuaded by any of the statutory or constitutional arguments” against them.
The U.S. Court of Appeals for the District of Columbia Circuit was deciding a constitutional and procedural challenge to the Advanced Imaging Technology “nude” body scanners, which began rolling out in 2007 and are deployed to at least 78 airports nationwide. The Electronic Privacy Information Center asked the court to block usage of the devices — of which 500 more are to be rolled out this year — on grounds that they are an unconstitutional privacy invasion, ineffective and unhealthy to airline passengers.
However,
The appellate court, which is one stop from the Supreme Court, said that the Transportation Security Administration breached federal law in 2009 when it formally adopted the airport scanners as the “primary” method of screening. The judges said the TSA violated the Administrative Procedures Act for failing to have a 90-day public comment period, and ordered the agency to undertake one.