EPIC has received the documents that were the subject of EPIC's Freedom of Information Act appeal to the D.C. Circuit in EPIC v. DHS (Body Scanner FOIA Appeal). The agency had previously withheld test results, fact sheets, and estimates regarding the radiation risks of body scanners used to screen passengers at airports. EPIC challenged the lower court's determination that the factual material was "deliberative" and therefore exempt from the FOIA. After filing an opening brief to the D.C. Circuit, EPIC participated in a new appellate mediation program. As a result of the mediation, EPIC obtained not only the records sought, but also attorneys' fees. The fact sheets show that the agency did not perform a "quantitative analysis" of risks and benefits before implementing the body scanner program. EPIC addressed that concern in the 2011 lawsuit EPIC v. DHS (Suspension of Body Scanner Program). That EPIC case also had a favorable outcome, and ultimately resulted in the removal of backscatter x-ray scanners from US airports. For more information, see EPIC v. DHS - Body Scanner FOIA Appeal and EPIC v. DHS - Suspension of Body Scanner Program.
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Communications Law and Policy
Jerry Kang and Alan Butler