EPIC has opposed an effort by the Transportation Security Administration to provide secret evidence to the court in EPIC's challenge to the the airport body scanner program. The TSA claimed that it can withhold documents that it has designated "Sensitive Security Information" and scientific studies because they are "copyrighted materials." EPIC responded that the TSA failed to establish that the documents are Sensitive Security Information, and also that the TSA cannot withhold materials in a judicial proceeding because they are subject copyright. The argument before the DC Circuit in the case is scheduled for March 10. For more information, see EPIC: EPIC v. DHS: Body Scanners (Suspend the Program) and EPIC: EPIC v. DHS (FOIA).
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Communications Law and Policy
Jerry Kang and Alan Butler