On March 10, 2011, EPIC President Marc Rotenberg will present arguments against the TSA body scanner program before the US Court of Appeals for the District of Columbia Circuit. EPIC has said that body scanners are "invasive, unlawful, and ineffective," and that the TSA's deployment of the devices for primary screening violates the U.S. Constitution and several federal statutes. EPIC's opening brief states that the Department of Homeland Security "has initiated the most sweeping, the most invasive, and the most unaccountable suspicionless search of American travelers in history." EPIC has also cited the agency's failure to respond to the First EPIC Petition and the Second EPIC Petition, widely supported by a broad coalition of organizations, which challenged the deployment of the devices and called for a public rule making. The case is EPIC v. DHS, No. 10-1157. For more information, see EPIC: EPIC v. DHS and EPIC: Whole Body Imaging Technology.
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by Ryan Calo, A. Michael Froomkin,