Lawsuit seeks suspension of TSA virtual strip-searches
Jul 6, 2010, 12:04 pm
#1
Original Poster
Join Date: Sep 2006
Location: San Francisco, USA
Posts: 79
Lawsuit seeks suspension of TSA virtual strip-searches
Jul 6, 2010, 12:48 pm
#2
Moderator: Coupon Connection & S.P.A.M
Join Date: May 2000
Location: Louisville, KY
Programs: Destination Unknown, TSA Disparager Diamond (LTDD)
Posts: 57,952
"As EPIC notes in its latest filings, even after September 11th Federal courts have upheld “administrative (warrantless, suspicionless) searches in airports only to the extent that they are limited to what is “necessary” — meaning that they are actually effective and are the least restrictive available means — to detect weapons and explosives. Even beyond the specific issue of virtual strip-searches, this lawsuit is likely to be significant in helping define the bounds of TSA authority to conduct ever more intrusive searches as a condition of common-carrier travel."
^
It would be even better if these disgusting instruments were made 100% voluntary with *no* pat-down retaliation for refusal.
^
It would be even better if these disgusting instruments were made 100% voluntary with *no* pat-down retaliation for refusal.
Jul 6, 2010, 12:58 pm
#4
Join Date: Apr 2003
Location: IAD
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Posts: 1,781
TSA will have a hard time proving that the Porn-O-Matics fit the bill of being limited to what is "necessary" to achieve good airline security.
But then again... if TSA were limited to only what is "necessary" to achieving good airline security 80% of their staff would be gone since the glorified Wal Mart greeters hardly contribute anything to making our aviation system more secure.
But then again... if TSA were limited to only what is "necessary" to achieving good airline security 80% of their staff would be gone since the glorified Wal Mart greeters hardly contribute anything to making our aviation system more secure.
Jul 6, 2010, 1:01 pm
#5
Join Date: Jul 2003
Location: Salish Sea
Programs: DL,AC,HH,PC
Posts: 8,974
...issue an emergency stay of the TSA/DHS decision to deploy and require them as a condition of passage through checkpoints and air travel.
It's Gilmore all over again.
Jul 6, 2010, 1:07 pm
#6
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TSA will have a hard time proving that the Porn-O-Matics fit the bill of being limited to what is "necessary" to achieve good airline security.
But then again... if TSA were limited to only what is "necessary" to achieving good airline security 80% of their staff would be gone since the glorified Wal Mart greeters hardly contribute anything to making our aviation system more secure.
But then again... if TSA were limited to only what is "necessary" to achieving good airline security 80% of their staff would be gone since the glorified Wal Mart greeters hardly contribute anything to making our aviation system more secure.
Nice, neat little package and TSA is most likely to prevail.
Jul 6, 2010, 1:13 pm
#7
FlyerTalk Evangelist
Join Date: Aug 2005
Location: Chicago
Posts: 11,513
I just read this and it isn't really a 'lawsuit' in the traditional sense; rahter, it is a petition for review of agency action. The DC Circuit will almost always side with the agency (unless the agency happens to be the EPA).
Jul 6, 2010, 1:19 pm
#8
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What is needed to stop the nude-scopes is to establish something harmful that comes from using them.
[Many years ago a project called Westway was to be built along the Hudson River. to replace NYC's westside highway, over $1 Billion was to be funded by the Federal government, it seemed a done deal. But striped bass ecology system would have been harmed. After many lawsuits, Westway was never built.]
[Many years ago a project called Westway was to be built along the Hudson River. to replace NYC's westside highway, over $1 Billion was to be funded by the Federal government, it seemed a done deal. But striped bass ecology system would have been harmed. After many lawsuits, Westway was never built.]
Jul 6, 2010, 4:14 pm
#11
Join Date: Apr 2009
Posts: 48
Sadly I think you are correct. Although it would be nice if the courts at least ruled that any illegal contraband (e.g. drugs) which pose no threat to an airplane can't be used as evidence against anyone transiting the checkpoint. Maybe that would help tone down the wanna be cop mentality shown by some TSOs.
Jul 6, 2010, 4:51 pm
#12
FlyerTalk Evangelist
Join Date: Oct 2004
Posts: 10,037
"As EPIC notes in its latest filings, even after September 11th Federal courts have upheld “administrative (warrantless, suspicionless) searches in airports only to the extent that they are limited to what is “necessary” — meaning that they are actually effective and are the least restrictive available means — to detect weapons and explosives. Even beyond the specific issue of virtual strip-searches, this lawsuit is likely to be significant in helping define the bounds of TSA authority to conduct ever more intrusive searches as a condition of common-carrier travel."
^
It would be even better if these disgusting instruments were made 100% voluntary with *no* pat-down retaliation for refusal.
^
It would be even better if these disgusting instruments were made 100% voluntary with *no* pat-down retaliation for refusal.
I don't think the part you quoted is significant at all. Others have already posted reasons why. In addition, all DHS would have to say is "Delta 253" when questioned about something being "necessary."
As much as I hope this lawsuit would do something, I highly doubt it will.
Jul 6, 2010, 4:58 pm
#13
Join Date: Nov 2007
Posts: 321
Then somebody competent could turn it around and say something along the lines of "Yes, do explain that intelligence blunder that hindered the prevention of Delta 253" could they not?
Jul 6, 2010, 5:03 pm
#14
FlyerTalk Evangelist
Join Date: Oct 2004
Posts: 10,037
Actually, the intelligence failure, I think, makes the case the the strip search machine even greater.
Jul 6, 2010, 5:31 pm
#15
Join Date: Sep 2009
Posts: 3,702
"As EPIC notes in its latest filings, even after September 11th Federal courts have upheld “administrative (warrantless, suspicionless) searches in airports only to the extent that they are limited to what is “necessary” — meaning that they are actually effective and are the least restrictive available means — to detect weapons and explosives. Even beyond the specific issue of virtual strip-searches, this lawsuit is likely to be significant in helping define the bounds of TSA authority to conduct ever more intrusive searches as a condition of common-carrier travel."
^
It would be even better if these disgusting instruments were made 100% voluntary with *no* pat-down retaliation for refusal.
^
It would be even better if these disgusting instruments were made 100% voluntary with *no* pat-down retaliation for refusal.