The TSA announced today that it will begin a public comment process on its airport screening procedures. The action follows from a 2011 court order in EPIC v. DHS. In that case, the Federal Appeals Court for the DC Circuit found that the agency unlawfully deployed body scanners in US airports. In a proposed two-sentence change to the agency's extensive regulations, the TSA seeks to grant itself authority to continue to deploy Nude Body Scanners ("NBS") without establishing privacy safeguards. EPIC, which brought the successful challenging to the TSA program, is urging public comment on the agency proposal. EPIC is recommending that the TSA adopt more effective screening procedures. If the TSA continues with Nude Body Scanner program, EPIC said the agency should make clear the right of individuals to opt-out as well as require privacy filters for all devices. For more information, see EPIC v. DHS (Suspension of Body Scanner Program).
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Communications Law and Policy
Jerry Kang and Alan Butler