EPIC has filed the opening brief in EPIC v. TSA II with the federal appeals court in Washington, DC, challenging the Transportation Security Administration's continued use of body scanners in US airports. TSA issued a regulation mandating the use of body scanners across the country more than five years after the court in EPIC v. TSA ordered the agency to "promptly" solicit public comments on the controversial body scanners program and nearly a decade after the agency deployed the scanners without public comments. EPIC told the court that the TSA's regulation entrenches body scanners over more effective less intrusive screening techniques, and undermines the legal right of passengers to opt out. EPIC wrote that the TSA has failed to "justify the use of invasive screening techniques, or to provide the public with an opportunity to respond to the denial of the passenger opt-out right."
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