Citing significant errors in an earlier decision, EPIC has petitioned a federal appeals court to rehear the organization's challenge to the TSA's controversial body scanner program. "The court overstated the effectiveness of the body scanner devices and understated the degree of the privacy intrusion to the travelling public," stated EPIC President Marc Rotenberg. EPIC's petition challenged the Court's finding that the devices detect “liquid and powders," which was never established and was not claimed by the government. EPIC also argued that the court wrongly concluded that the TSA is not subject to a federal privacy law that prohibits video voyeurism. The panel found that TSA body scanner employees are “engaged in law enforcement activity," contrary to the TSA's own regulations. EPIC is pursuing related litigation on the government's deployment of mobile body scanners. For more information, see EPIC: EPIC v. DHS.
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Communications Law and Policy
Jerry Kang and Alan Butler