EPIC filed papers in federal court today seeking to enforce an order that requires the Department of Homeland Security to detail the agency's controversial airport body scanner program. As a result of the EPIC lawsuit, the DC Circuit Court of Appeals ruled that the agency violated federal law when it installed body scanners in airports for primary screening without first soliciting public comment. In July, the Court ordered Homeland Security to "promptly" seek public comment, but the agency has failed to respond. EPIC, and a coalition of privacy and civil liberties organizations, first petitioned DHS to undertake a public rulemaking in 2009. EPIC's subsequent lawsuit alleged that airport body scanners are "invasive, unlawful, and ineffective." For more information, see EPIC: EPIC v. DHS and EPIC: Whole Body Imaging Technology.
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Communications Law and Policy
Jerry Kang and Alan Butler