The TSA has responded to EPIC's recent motion about the airport body scanner program. Citing the agency's extraordinary delay in seeking public comment on the controversial program, EPIC urged the court in Washington, DC to require the TSA begin the comment process in 60 days or suspend the program. In its response to EPIC, the TSA claims that the earliest possible date it could "finalize documents" before even starting the public comment process would be "the end of February 2013." EPIC filed the motion a year after the federal agency was ordered by the D.C. Circuit Court to "promptly" begin a public rulemaking and more than three years after a coalition of organizations petitioned Secretary Napolitano to begin the rulemaking. A group of organizations, led by the Competitive Enterprise Institute, has filed an amicus brief in support of EPIC. EPIC will file a reply to the TSA on September 10. For more information, see EPIC v. DHS (Suspension of Body Scanner Program).
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by Ryan Calo, A. Michael Froomkin,