DSH: We Have the Authority to Routinely Strip-Search Air Travelers
Mar 10, 2011, 1:42 pm
#1
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DSH: We Have the Authority to Routinely Strip-Search Air Travelers
I believe this needs its own thread:
http://epic.org/2011/03/dhs-we-have-...rity-to-r.html
http://epic.org/2011/03/dhs-we-have-...rity-to-r.html
The Department of Homeland Security told a federal court that the agency believes it has the legal authority to strip search every air traveler. The agency made the claim at oral argument in EPIC's lawsuit to suspend the airport body scanner program. The agency also stated that it believed a mandatory strip search rule could be instituted without any public comment or rulemaking.
Mar 10, 2011, 1:49 pm
#2
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When I read that it sent a real shock wave through me. I'm wondering what words they used. Did they wrap it up in pretty linen? I also wondered what the judges were thinking when they heard this. It's unfathomable to me that the TSA would be so brazen. They must really believe that there are no limits applicable to them. I guess I'm rambling now. I'm so puzzled.
I even wondered for a bit if the EPIC folks were exaggerating, but they never have done so before. They're really straight arrow, so I don't think they were.
Mar 10, 2011, 1:52 pm
#3
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why not
If you believe they have the authority to make you remove your shoes, grope your genitalia and observe images of your naked body, why not strip search? Why not cavity exploration?
They can justify any indignity for supposed 'safety.'
Welcome to the brave new world.
They can justify any indignity for supposed 'safety.'
Welcome to the brave new world.
Mar 10, 2011, 2:19 pm
#5
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Frightening ... these despots truly think that there are no limitations to their behavior.
It's a good sign that their stance is so far out to lunch. The recent 8-1 Supreme Court decision on a highly inflammatory 1st amendment issue suggest that they won't be sway by this crap.
It's a good sign that their stance is so far out to lunch. The recent 8-1 Supreme Court decision on a highly inflammatory 1st amendment issue suggest that they won't be sway by this crap.
Mar 10, 2011, 2:26 pm
#6
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I'm giving EPIC $100 this afternoon, and would invite others to join me. (Would kick in more if I had it available.)
In other words: JESUS ALMIGHTY. I can barely believe I'm reading this.
In other words: JESUS ALMIGHTY. I can barely believe I'm reading this.
Last edited by divemistressofthedark; Mar 10, 2011 at 2:36 pm
Mar 10, 2011, 2:27 pm
#7
Join Date: Dec 2010
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would you agree that such an admission (that DHS could physically strip search everyone) was fairly harmful to their case? I would think so, unless EPIC were extreeeemly unfortunate in their judges.
Mar 10, 2011, 2:32 pm
#8
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FB
Mar 10, 2011, 2:32 pm
#9
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Exact words can be obtained
Yep,
When I read that it sent a real shock wave through me. I'm wondering what words they used. Did they wrap it up in pretty linen? I also wondered what the judges were thinking when they heard this. It's unfathomable to me that the TSA would be so brazen. They must really believe that there are no limits applicable to them. I guess I'm rambling now. I'm so puzzled.
I even wondered for a bit if the EPIC folks were exaggerating, but they never have done so before. They're really straight arrow, so I don't think they were.
When I read that it sent a real shock wave through me. I'm wondering what words they used. Did they wrap it up in pretty linen? I also wondered what the judges were thinking when they heard this. It's unfathomable to me that the TSA would be so brazen. They must really believe that there are no limits applicable to them. I guess I'm rambling now. I'm so puzzled.
I even wondered for a bit if the EPIC folks were exaggerating, but they never have done so before. They're really straight arrow, so I don't think they were.
2. TSA already does virtual entire strip searches.
3. TSA reaches inside your clothing, including down trousers and up skirts.
An actual strip search seems not so big a leap if one accepts the legality of this three elements.
(P.S., I'm not sure where this case is actually pending, because if it's at the court of appeals, one can get the full oral argument on line. I haven't been following the case that closely however).
Last edited by Cartoon Peril; Mar 10, 2011 at 2:39 pm Reason: additional observation added.
Mar 10, 2011, 2:37 pm
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I would like to read the transcripts of the argument. I would like to know if that was the actually terminology used or if it is the author of the article on the EPIC website adding what they believe and refer to the process the AIT machine does. Unfortunately the transcript is not available until after the entire legal proceeding is complete.
FB
FB
Tatel wondered aloud whether the government would have to seek public input if the TSA began literally strip searching fliers because a “terrorist gets through and blows up the airport.”
“No,” Brinkmann answered.
Congress, she added, required transportation officials to use the scanners or “effective technology” to protect the airlines, so no public input was necessary.
“You may well be right,” Tatel responded.
Moments later, Brinkmann added: “You can’t hamstring the agency.”
“No,” Brinkmann answered.
Congress, she added, required transportation officials to use the scanners or “effective technology” to protect the airlines, so no public input was necessary.
“You may well be right,” Tatel responded.
Moments later, Brinkmann added: “You can’t hamstring the agency.”
Mar 10, 2011, 2:39 pm
#11
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Mar 10, 2011, 2:39 pm
#12
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Mar 10, 2011, 2:44 pm
#13
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Combining "We Have the Authority to Routinely Strip-Search Air Travelers" (DHS spokehole) with "I don't know why we check ID, I just do what I'm told" (TSO Breeden at Phil Mosek's trial) makes me want to puke.
You'd think they'd take their heads out of their butts once in a while, just for a bit of fresh air.
You'd think they'd take their heads out of their butts once in a while, just for a bit of fresh air.
Mar 10, 2011, 2:48 pm
#14
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I can imagine a TSA VIPR highway checkpoint with "random" strip searches in little booths at the side of the road.