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Old Dec 28, 2011, 7:06 am
  #46  
 
Join Date: Mar 2006
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Originally Posted by Wimpie
I shall continue to opt-out, even with MMW with ATD. It's my only protest.
Same here. Drives my wife batty. However, I will not assume the surrender posture.
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Old Dec 28, 2011, 10:22 am
  #47  
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Originally Posted by WillCAD
No, use of the AIT doesn't prevent a rubdown. But it significantly reduces the possibility. Opting out guarantees a full-body rubdown, whereas chances of a rubdown with AIT are maybe one in three.

Still, I will not let them touch me. Whether I alarm the AIT, or they choose me at "random", I will absolutely, categorically refuse the rubdown.

This is my choice. I am not meekly submitting, and I choose it with my eyes wide open as to the civil rights violation represented by AIT, and the radiation risk posed by MMW. But I will not be sexually assaulted, no matter what.



I doubt TSAs word that nobody sees the AIT image, and I'm not entirely certain that those on FT who say that the ATR software doesn't even create the image in the first place. Yes, it certainly is possible that it uses the raw scan returns to do its analysis instead of a finished image, but that doesn't mean that the original portion of the code doesn't still create and save the image for the perv in the box, as a backup or a form of resolution. Given TSAs record of spinning things to the point of outright lies, I tend to doubt or disbelieve anything they say these days.

I have always chosen to go through the AIT, despite how disgusting and despicable I found them, because I prefer to be peeped and have my Constitutional rights violated over being sexually assaulted. Perhaps it's my personal hangups, or a form of latent homophobia, but the idea of another man rubbing my entire body and touching my genitals makes my skin crawl far worse than the AIT peepshow. This is my choice, which I make fully informed and with my eyes open. I am not a sheeple who mindlessly accepts the load of fertilizer that the gubment has shoveled about how these civil rights violations are necessary, or legal, or safe; I know they're lying, but for the moment, until the country wakes up and AIT and full-body rubdowns are limited to cases with clear probable cause or articulable suspicion, I will take the AIT option over the rubdown.

So far, I haven't had to cease flying, but I will if they try to sexually assault me.
you can't refuse to be touched if you've alarmed the screening machine.
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Old Dec 28, 2011, 10:33 am
  #48  
 
Join Date: Dec 2010
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Originally Posted by OxonCantab
you can't refuse to be touched if you've alarmed the screening machine.
does this include ETD swab alarm? and how do you know these things?
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Old Dec 28, 2011, 10:51 am
  #49  
 
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Originally Posted by OxonCantab
Originally Posted by WillCAD
No, use of the AIT doesn't prevent a rubdown. But it significantly reduces the possibility. Opting out guarantees a full-body rubdown, whereas chances of a rubdown with AIT are maybe one in three.

Still, I will not let them touch me. Whether I alarm the AIT, or they choose me at "random", I will absolutely, categorically refuse the rubdown.

This is my choice. I am not meekly submitting, and I choose it with my eyes wide open as to the civil rights violation represented by AIT, and the radiation risk posed by MMW. But I will not be sexually assaulted, no matter what.



I doubt TSAs word that nobody sees the AIT image, and I'm not entirely certain that those on FT who say that the ATR software doesn't even create the image in the first place. Yes, it certainly is possible that it uses the raw scan returns to do its analysis instead of a finished image, but that doesn't mean that the original portion of the code doesn't still create and save the image for the perv in the box, as a backup or a form of resolution. Given TSAs record of spinning things to the point of outright lies, I tend to doubt or disbelieve anything they say these days.

I have always chosen to go through the AIT, despite how disgusting and despicable I found them, because I prefer to be peeped and have my Constitutional rights violated over being sexually assaulted. Perhaps it's my personal hangups, or a form of latent homophobia, but the idea of another man rubbing my entire body and touching my genitals makes my skin crawl far worse than the AIT peepshow. This is my choice, which I make fully informed and with my eyes open. I am not a sheeple who mindlessly accepts the load of fertilizer that the gubment has shoveled about how these civil rights violations are necessary, or legal, or safe; I know they're lying, but for the moment, until the country wakes up and AIT and full-body rubdowns are limited to cases with clear probable cause or articulable suspicion, I will take the AIT option over the rubdown.

So far, I haven't had to cease flying, but I will if they try to sexually assault me.
you can't refuse to be touched if you've alarmed the screening machine.
Sure I can. I will be denied flight, and probably escorted from the airport like a criminal, but I can absolutely refuse the rubdown.
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Old Dec 28, 2011, 11:25 am
  #50  
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Originally Posted by WillCAD
I have always chosen to go through the AIT, despite how disgusting and despicable I found them, because I prefer to be peeped and have my Constitutional rights violated over being sexually assaulted.
Not that it matters, really, but I still don't know what to think about this choice. It's clear you've given this a lot of thought and your reasoning makes sense.

It's the same feeling I have every time I intentionally choose an airport without AIT so that I don't have to deal with this. Maybe I should be lining right up to the scanner every time, so I can register my mostly-ineffective protest?

It's a tough place the government has pointlessly put us in. So I'm personally doing my best not to judge and accept that people of good conscience can arrive at different conclusions about what is "best".
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Old Dec 28, 2011, 1:14 pm
  #51  
 
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Originally Posted by nachtnebel
does this include ETD swab alarm? and how do you know these things?
It depends. You can refuse the ETD before the TDC (where you submit the "papers, please"). There was a court case that said you can still be subject to civil penalties if you refuse the screening process after it's been started. This was because someone could theoretically test the limits and then walk away at a critical time in the screening process. Of course, this court case was long before the days of widespread patdowns, the war on water and NoS.

That being that, has anyone ever been fined from walking away? I don't think anything happened to the "If you touch my junk..." guy after he walked away.
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Old Dec 28, 2011, 2:07 pm
  #52  
 
Join Date: Dec 2010
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Originally Posted by Majuki
It depends. You can refuse the ETD before the TDC (where you submit the "papers, please"). There was a court case that said you can still be subject to civil penalties if you refuse the screening process after it's been started. This was because someone could theoretically test the limits and then walk away at a critical time in the screening process. Of course, this court case was long before the days of widespread patdowns, the war on water and NoS.

That being that, has anyone ever been fined from walking away? I don't think anything happened to the "If you touch my junk..." guy after he walked away.
I was referring to accepting the swab, but if it indicated "explosives" refusing to go into the private hut. Perhaps it would be an interesting court case if an LEO arrested you on that basis, where 100% false results would seem to rule out probable cause...
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Old Dec 28, 2011, 3:05 pm
  #53  
 
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Originally Posted by Majuki
It depends. You can refuse the ETD before the TDC (where you submit the "papers, please"). There was a court case that said you can still be subject to civil penalties if you refuse the screening process after it's been started. This was because someone could theoretically test the limits and then walk away at a critical time in the screening process. Of course, this court case was long before the days of widespread patdowns, the war on water and NoS.

That being that, has anyone ever been fined from walking away? I don't think anything happened to the "If you touch my junk..." guy after he walked away.
Nothing happened to John Tyner, the “don’t touch my junk” guy. I believe he even received a phone call for someone at the TSA telling him they will not fine him for refusing to comply when he was escorted out of the checkpoint, he even stood up to a TSA suit who threatened him with fines if he didn’t come back to the screening area to complete the screening process when he already was back in the non secure part of the terminal leaving the airport.

The Alaska State Senator who refused further secondary screening when the ATI detected an anomaly in her breast area, which she said was caused by recent surgery for breast cancer. She too was escorted out of the airport and also has not been fined by the TSA.

In both cases, the media had picked up these stories and if the TSA had attempted to fine them, I am sure the media would have publicly destroyed the TSA’s already low creditability.

The threat of $11,000 fines are the TSA’s way to force people to comply with their abusive and unconstitutional searches. The TSA knows that if they do fine someone $11,000 and the person appeals the fine after the TSA kangaroo court upholds the fine, the courts might just rule the fine as excessive and force the TSA to drop the fine.

We all know the TSA is afraid of the courts, which is the reason they will always settle out of court if they cannot get the lawsuit dismissed, because this is the only way the TSA will be reined in, by court orders and the longer the TSA manages to stay away from court rulings, the longer this abuse will continue.

Mr. Elliott
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Old Dec 28, 2011, 3:15 pm
  #54  
 
Join Date: Mar 2009
Posts: 1,972
Originally Posted by Majuki
It depends. You can refuse the ETD before the TDC (where you submit the "papers, please"). There was a court case that said you can still be subject to civil penalties if you refuse the screening process after it's been started. This was because someone could theoretically test the limits and then walk away at a critical time in the screening process.
No, that wasn't what the court case said. The case in question was talking about the exclusionary rule. In that case, a passenger did not give verbal consent to part of the search, but cooperated physically. The court ruled that the evidence found in that search was admissible.

There hasn't been any case along the relevant lines and it's not at all clear how the court would rule in such a case. The reason given ("testing the process") was enough to avoid application of the exclusionary rule when the subsequent search as a physical inspection of the passenger's feet. It most certainly would not be enough to require a cavity search to avoid a criminal charge. There's clearly some line in between those that a court would have to find. On which side would requiring a pat down to avoid a fine come? Hard to say.

From a practical point of view, such a case is highly unlikely to come up because the TSA has made it clear from their actions that they will not impose a fine in such circumstances, most likely because they don't want to see such a case litigated.
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